Title : Victimless Crimes -- Decriminalisation of Homosexual : Sexual Activity
...eform argue that decriminalisation will result in an increase in the frequency of homosexuality and a corresponding decrease in the number of marriages entered into and that this, in turn, will undermine the whole institution of the family.[2] This is clearly absurd. Research conducted in jurisdictions which have decriminalised consensual homosexual conduct does not support conclusions that decriminalisation will lead to an increase in homosexuality.[3] There is substantial agreement among scientific researchers that sexual orientation is due to genetic factors, and is determined by age five or six.[4] Therefore, it is unlikely that an increase in the incidence of homosexuality will occur as a consequence of decriminalisation. Nor will reform result in a significant drop in marriage rates[5] and levels of procreation. Homosexuals can and do form families that, apart from the gender of the partners, do not differ substantially from heterosexual families. Many homosexuals wish to have children and some in fact do so, through mechanisms such as adoption and artificial insemination, although they may find these more difficult to obtain than heterosexuals, as they necessarily involve application as a single person. Rather, decriminalisation may promote the institution of family. The knowledge that society and the law condemn their personal relationships can be very difficult for young gay men who are coming to terms with their sexuality. One consequence of the anti-sodomy laws is that many feel compelled to conceal this aspect of their lives from their family and friends,[6] sometimes marrying for appearance's sake. However, such marriages are frequently unstable and often fail, resulting in detriment for the parties involved, including any children of the marriage. Decriminalisation may be a step towards removing some of the stigma associated with homosexuality and may have positive repercussions on relationships between homosexuals and their families. It may substantially promote acceptance of homosexuals by their families, which will do much to strengthen family ties. Empirical research also indicates that decriminalisation results in more self-acceptance and psychological and emotional security among homosexual men.[7] A common observation in many instances is that homosexuals living in jurisdictions which criminalised homosexuality tended to have lower self-esteem and higher levels of psychological maladjustment, depression and suicide than those living in jurisdictions in which homosexual acts were not regarded as criminal offences.[8] Criminalisation reinforces negative societal attitudes regarding homosexuality. This, in turn, results in greater discrimination and thus impacts adversely on the self-esteem of many homosexuals, which often leads to deception and friction within families. 2. _Increases in the Incidence of Homosexuality and its Perceived Negative Aspects_ Those opposing decriminalisation assert that it will lead to an increase in homosexual activity, both public and private, as well as more child molestation, public solicitation and sexually transmissible diseases. However, there is no statistical evidence to support any of these conclusions. Decriminalisation has not resulted in an increase in child molestation in those jurisdictions which have implemented reform.[9] In addition, research from Australia and the United States indicates that 90% of child molesters are in fact heterosexual.[10] There is nothing to suggest that homosexual men are more likely to engage in sexual relations with minors than are heterosexuals. The claim that decriminalisation will result in an increase in homosexuality is unsubstantiated. It is widely accepted by international researchers that homosexuality is genetically determined.[11] If this is in fact correct, decriminalisation will do nothing to alter the incidence of homosexuality. Concerns regarding possible increases in public solicitation and sexually transmissible diseases (STDs) are similarly unfounded. In fact, the South Australian study found that decriminalisation in fact decreased the incidence of public solicitation and STDs.[12] Admittedly, this research was conducted prior to the advent of AIDS and therefore does not take account of HIV infection.[13] However, there is a widespread view that the criminal status of homosexual acts hinders, rather than assists, the fight against AIDS. This proposition is based on a number of reasons: Firstly, in its report, the National HIV/AIDS Strategy[14] suggested that -- "Laws regulating and/or penalising homosexual activity ... impede public health programs promoting safer sex to prevent HIV transmission by driving underground many people at risk of infection." The thrust of this argument is that the criminal status of homosexual acts deters gay men from going to doctors, hospitals and other health services for testing, advice and treatment, as they believe they may be exposing themselves to the risk of prosecution if they do so. As the majority of people who are HIV positive or have AIDS are homosexual or bisexual men,[15] this reluctance to come forward as a result of the criminal sanctions constitute a substantial impediment to health education and health service providers in their work to prevent the spread of HIV/AIDS. Research conducted by the Queensland AIDS Council before decriminalisation in the State indicates that a large number of gay men do not present themselves for testing and/or treatment until the onset of visible manifestations of HIV infection.[16] Of course, by the time that these AIDS-Related Complexes appear, the virus is too far advanced to treat with any effectiveness. At this stage it is also probable that these men may have transmitted the virus to their sexual partners, especially if they are unaware of how the virus is transmitted and associated preventive measures. Similar observations have been noted in Western Australia (prior to decriminalisation) and Tasmania.[17] In Western Australia men who presented themselves for testing often furnished false names or only a first name.[18] There was considerable concern regarding the confidentiality of patient records and the possibility that police would make use of them to initiate or bolster prosecutions under the anti-sodomy laws. The situation in Tasmania is even less favourable, as highly placed medical practitioners and politicians have publicly denounced homosexuality.[19] As a result of this, many homosexual men in Tasmania simply choose not to be tested at all, or else are tested interstate.[20] Moreover, there are problems from the side of the health professionals. Many are reluctant to provide services to gay men, a...