"Crime in England is
rarely the result of sin. It is nearly always the result of
starvation".
- Oscar Wilde
"Those who find ugly
meanings in beautiful things are corrupt without being
charming"
- Oscar Wilde |
Most would agree that English laws concerning homosexuals
and lesbians are now completely out of date. For example, it
is still illegal for more than two men to have sex together,
and it is even illegal for two men to kiss in a public
place! And as for Scotland, well they have a different legal
system altogether, and who knows what that says!
Reforms
are on the way, pushed along by the political will to
establish equality between gays and straights. But in the
meantime, it is up to the police how rigourously they
enforce the present laws. The good news is that their
relations with the gay community in London have improved
considerably over the past few years. They now adopt a much
more tolerant and understanding attitude to many aspects of
gay life - this is reflected in the diverse range of gay
establishments which have sprung up. However it is always
possible that they could clamp down without warning,
possibly by raiding establishments, and you should bear that
in mind.
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There
are, however, a number of issues on which the Police
continue to take a hard line. Here are three examples:
- having
sex with a man under 18. There is currently a
fierce campaign in our Parliament to lower
the age of consent to 16 (which is the age of
consent for heterosexuals). That has been
repeatedly blocked by our unelected House of
Lords, but until the law is changed, the
police are rigorously enforcing the age
limit;
- sex
in public spaces - particularly where members
of the general public (adults or children)
might by chance come across men monkeying
around. This especially includes cottaging in
public toilets, (there are frequent raids on
toilets, and plain clothed police are
used).
- sado-masochistic
sex - there was a notorious case a few years
ago in which some men were prosecuted for
S&M activities - the so called 'Operation
Spanner' trial. The prosecution was
successful even though the sex was
consensual, and no lasting physical damage
was caused to any of the parties.
If you are
unfortunate to have an encounter with the police whilst in
England, here are a few basic facts and common sense which
you might want to bear in mind:
- although
you can volunteer to go to a police station,
they cannot detain you there without
arresting you
- if
you are arrested, the police must tell you
why you are being arrested - you are only
required to give your correct name, date of
birth and address
- if
you are detained, ask to consult the Police
and Criminal Evidence Act (PACE) codes of
practice - these will tell you of your rights
in custody, including those pertaining to
food, drink and medical attention
- if
you are asked further questions, you have the
right to have a solicitor present before you
answer. It is ESSENTIAL to have someone on
your side who knows the law BEFORE you answer
any further questions!
- you
have the right to call a solicitor and one
other person - only in exceptional cases is
this not so
- legal
advice at a police station is free at all
times. You may be offered the services of a
duty solicitor, but he/she may not be
experienced in gay cases - GALOP
(020 7704 2040) and the Lesbian/Gay
switchboard (020 7837 7324 - 24 hrs)
have a list of gay-friendly solicitors across
the country
- if
the police have reason to believe you may be
concealing Class A drugs or dangerous items,
they have the right to intimately search your
nose, ears, mouth or anus without your
consent, and using 'reasonable force' (!) In
almost all cases, a registered nurse or
doctor must carry out body searches
- you
should NOT plead guilty, sign any statements
or notebooks. Neither should you accept any
caution or warning without legal advice -
there could be legal or employment
consequences if you do, even if the
caution/warning sounds relatively tame - for
example, it could be taken as a formal
admission of guilt
- intimate
samples (blood, urine etc) may only be taken
with your signed consent, and must be taken
by a doctor or nurse
- if
you are HIV positive, or have any other
illness, you should not reveal that unless
you need medical help - and then only to a
police surgeon (who you should remind to keep
your medical details confidential). You can
ask the officer in charge to call a police
surgeon for you to consult.
The golden
rule is: KEEP COOL AND WAIT FOR YOUR SOLICITOR - WHO
SHOULD ALWAYS BE PRESENT AT ANY POLICE INTERVIEW
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