Police demand DNA samples from gay men

Men convicted of victimless homosexual offences three decades ago are threatened with arrest if they refuse to provide samples for the national DNA database.

Manchester, London, Northumbria and West Midlands police are visiting the homes of men convicted of consenting same-sex behaviour and demanding they provide DNA samples. The convictions date back three decades and were under the homophobic "gross indecency" law that has since been abolished.

According to reports I have received from the victims, police officers turned up unannounced on their doorsteps. They were handed letters requiring them to give DNA samples to be stored on a police data base alongside the DNA of murders, rapists and child sex abusers.

The men were warned that failure to comply could render them liable to arrest.

This DNA sweep is supposedly part of the government’s crackdown on serious violent and sexual offenders, using powers under the Crime and Security Act 2010. These powers were intended to ensure that everyone who is deemed to pose a threat to the public has their DNA matched against the DNA from unsolved crimes and has it stored on the national DNA database to check against future crimes. 

Police have apparently lumped gross indecency - the victimless offence that was used to jail Oscar Wilde in 1895 - with violent sexual assaults and child molestation. This law was only repealed in 2003.

The DNA collection is code-named "Operation Nutmeg". It is sanctioned by the government and the Association of Chief Police Officers. This makes it likely that similar DNA dragnets are happening in other parts of Britain. We don’t know about them yet, because the victims have not alerted anyone. 

Men convicted of the now repealed consensual offence of gross indecency are, in effect, being rebranded as serious criminals and treated on a par with vicious, violent sex fiends.

They are being forced to go through the trauma of police abuse all over again.

The letters and threats left one gay man in Northumbria severely traumatised. He was arrested and convicted at the age of 17 for a consenting offence. Now, nearly 30 years later, he’s being forced to relive his past homophobic persecution by the police. He was the victim of bigoted policing in the 1980s. Once again he’s being equated with serious sex criminals who are a menace to the public.

He wants to remain anonymous because he fears repercussions. He told me:

“I am now 45 years old with my own business. I have been in a relationship for over 10 years. Dragging all this up from my past has made me depressed. I now can't sleep or eat since it happened. I feel like stopping it. I am sick of it. I’ve been suicidal.”

He is not the only victim to come forward.

Another man, Stephen Close, who now lives in Salford, was arrested and jailed for "gross indecency" in 1983, when he was 20. He was in the army at the time and was abused by military police and subjected to violent assaults. He eventually confessed to having sex with a fellow squaddie.

Although homosexuality was partly decriminalised for civilians in 1967, it remained an imprisonable military offence until 1994. Close was jailed for six months and discharged from the army with disgrace.

Greater Manchester police claim his offence falls within the list of sex crimes that require DNA samples to be taken.

Close said:

“How long must I endure this burden? Will I ever be able to lead a normal life without worrying whether my past will come back to haunt me?” 

The letter to Close from Greater Manchester Police states:

“Through investigation of police records you have been identified as a person who has a previous conviction, which falls into one of the above categories; and from whom we now wish to obtain a DNA sample....

“The sample once taken will be processed and place on the National DNA Database, where it will be retained and may be subject to speculative searching either immediately or in the future.

“You will be asked to consent to provide a sample. If you do not consent at this stage I require you to attend a police station within 7 days. The time and date of your attendance can be discussed with the person delivering this letter.

“At the police station the sample may be taken with the authority of a police officer of the appropriate rank. If you fail to attend the police station as required you may be liable to arrest.”

Since these DNA trawls have been exposed, Manchester and Northumbria police have claimed the men were only targeted because they have other convictions, in addition to gross indecency. But it is hard to believe that Close’s conviction for a minor theft, for example, makes him a threat to the public.  Moreover, the victim in the West Midlands is adamant that gross indecency is his only conviction.

The Home Office now appears to be suggesting that the three police services have gone too far. A spokesperson said:

“Forces seeking DNA samples from people convicted solely of consensual acts which are no longer criminal is (sic) going against both the intention of the legislation and the ACPO (Association of Chief Police Officers) guidance.”

To resolve the matter, perhaps the Home Secretary and the respective Chief Constables should announce a halt to this homophobic DNA harvesting and write personal letters of apology to the men affected? The DNA samples already collected should be destroyed.

Inadvertent cock-up or homophobic conspiracy? You decide.

Peter Tatchell is Director of the human rights organisation, the Peter Tatchell Foundation

The convictions were under a "gross indecency" law that has now been abolished. Photograph: Getty Images

Peter Tatchell is Director of the Peter Tatchell Foundation, which campaigns for human rights the UK and worldwide: www.PeterTatchellFoundation.org His personal biography can be viewed here: www.petertatchell.net/biography.htm

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Why it's a mistake to assume that Jeremy Corbyn has already won

The shadow chief secretary to the Treasury on why the race to be Labour's leader is far from over.

They think it’s all over.

But they’re wrong.

The fat lady has yet to sing.

The commentary and reporting around the Labour party leadership campaign has started to assume we have a winner already in Jeremy Corbyn. The analysis, conjecture, predictions/complete guesswork about what happens next has begun in earnest. So we have seen speculation about who will be appointed to a Corbyn shadow cabinet, and “meet the team” pieces about Jeremy’s backroom operation.

Which is all very interesting and makes for the usual Westminster knockabout of who might be up and who might be going in the other direction pdq...

But I think it’s a mistake to say that Jeremy has already won.

Because I hear that tens of thousands of Labour party members, affiliates and registered supporters are yet to receive their ballot papers. And I am one of them. I can’t remember the last time I checked my post quite so religiously! But alas, my papers are yet to arrive.

This worries me a bit about the process. But mostly (assuming all the remaining ballots finally land in enough time to let us all vote) it tells me that frankly it’s still game on as far as the battle to become the next leader of the Labour party is concerned.

And this is reinforced when we consider the tens of thousands who have apparently received their papers but who have yet to vote. At every event I have attended in the last couple of weeks, and in at least half of all conversations I have had with members across the country, members are still making their minds up.

This is why we have to continue fighting for every vote until the end – and I will be fighting to get out every vote I possibly can for Yvette Cooper.

Over the campaign, Yvette has shown that she has a clear vision of the kind of Britain that she wants to see.

A Britain that tackles head-on the challenges of globalisation. Instead of the low-wage low-skill cul-de-sac being crafted by the Tories, Yvette's vision is for 2m more high skill manufacturing jobs. To support families she will prioritise a modern childcare system with 30 hours of fully funded child care for all 3 and 4 year olds and she will revive the bravery of post war governments to make sure 2m more homes are built within ten years.

It's an optimistic vision which taps into what most people in this country want. A job and a home.

And the responses of the focus groups on Newsnight a few days ago were telling – Yvette is clearly best placed to take us on the long journey to the 2020 general election by winning back former Labour voters.

We will not win an election without winning these groups back – and we will have to move some people who were in the blue column this time, to the red one next time. There is no other way to do it – and Yvette is the only person who can grow our party outwards so that once again we can build a winning coalition of voters across the country.