1983. Sydney gay activists publicly declare they’ve broken the law.
Despite the increasing visibility of lesbians and gay men across Australia from the late 70’s onwards, the law was very slow to catch up. Homosexuality was not decriminalised in most Australian states until the 1980’s, with some holding out until well into the 90’s.
In consequence, police were able to harass and arrest gay men on the slightest pretext. Unsurprisingly, by 1983 there was increasing anger at police harassment of gays and gay venues in Sydney.
In January of that year, police had raided a well-known gay bar – New Club 80 – and charged six men. On February 5th, 1000 people marched in protest against the raid.
Yet, only three weeks later, the police were back again, this time charging a further eleven men. Despite further protests, the club was declared ‘a disorderly house’ and closed three months later.
Despite increasing media criticism and statements of concern by some State politicians, the police simply moved their attention to other venues. In August they closed two gay discos – allegedly for licensing breaches – then raided the Old Club 80, charging a further eleven men.
Activists grew increasingly frustrated by both the police actions and the State government’s inaction so decided to confront the situation head on. On October 3rd, more than 20 gay men gathered at Sydney’s Gay Centre to draw up and sign Statutory Declarations stating that they had had sex with another, named man.
Then two of them – Lex Watson and Robert French – presented these, in person, to the Head of the New South Wales Vice Squad and waited to be arrested. They had, after all, made a full confession to breaking the same law that had been used to prosecute other gay men only a matter of weeks earlier. And if they had been arrested, others would then present their stat decs and, again, wait to be arrested.
But the Head of the Vice Squad refused to arrest Lex or Robert, nor was any further legal action taken against the men.
This was deemed to be due largely to the adverse publicity the police raids had received during the year. It was also widely believed that the State Premier, Neville Wran, had quietly instructed the Vice Squad to pull their heads in. Politicians, it seemed, were finally stirring – although not before a drastic and extremely brave act on the part of gay activists.
On the 8th June 1984, homosexuality was finally decriminalised in New South Wales – albeit with an age of consent of 18, rather than 16 in line with heterosexuals. The State government did, however, agree to the proposal that young men between the ages of 16 and 18 would not be prosecuted without the consent of the Attorney-General.
VIDEO: Sydney’s Channel Ten’s ‘Good Morning Australia‘ Programme Interviews Lex Watson and Robert French About the Statutory Declarations
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The chronology is not quite correct. Initially two of us – Lex Watson and myself – presented our Stat Decs to the Vice Squad. If we had been arrested on the spot, others would then submit their Declarations otherwise two more were to be presented each week. In the event the Vice Squad sent Lex and I away while the pondered the problem. We were later contacted to inform us that they did not intend to proceed. Their political masters called them off.
Thanks Robert. Colin