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 This law was only repealed in 2003.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Men convicted of the now repealed consensual offence of gross indecency are, in effect, being rebranded as serious criminals and treated on a par with vicious, violent sex fiends.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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The struggles of Huma Abedin

On the behind-the-scenes story of Hillary Clinton’s closest aide.

In a dreary campaign, it was a moment that shone: Hillary Clinton, on the road to the caucus in Iowa, stopping at a Mexican fast-food restaurant to eat and somehow passing unrecognised. Americans of all political persuasions gleefully speculated over what her order – a chicken burrito bowl with guacamole – revealed about her frame of mind, while supporters gloated that the grainy security-camera footage seemed to show Clinton with her wallet out, paying for her own lunch. Here was not the former first lady, senator and secretary of state, known to people all over the world. This was someone’s unassuming grandmother, getting some food with her colleagues.

It might be unheard of for Clinton to go unrecognised but, for the woman next to her at the till, blending into the background is part of the job. Huma Abedin, often referred to as Clinton’s “shadow” by the US media, is now the vice-chair of her presidential campaign. She was Clinton’s deputy chief of staff at the state department and has been a personal aide since the late 1990s.

Abedin first met Clinton in 1996 when she was 19 and an intern at the White House, assigned to the first lady’s office. She was born in Michigan in 1976 to an Indian father and a Pakistani mother. When Abedin was two, they moved from the US to Saudi Arabia. She returned when she was 18 to study at George Washington University in Washington, DC. Her father was an Islamic scholar who specialised in interfaith reconciliation – he died when she was 17 – and her mother is a professor of sociology.

While the role of “political body woman” may once have been a kind of modern maid, there to provide a close physical presence and to juggle the luggage and logistics, this is no longer the case. During almost 20 years at Clinton’s side, Abedin has advised her boss on everything from how to set up a fax machine – “Just pick up the phone and hang it up. And leave it hung up” – to policy on the Middle East. When thousands of Clinton’s emails were made public (because she had used a private, rather than a government, server for official communication), we glimpsed just how close they are. In an email from 2009, Clinton tells her aide: “Just knock on the door to the bedroom if it’s closed.”

Abedin shares something else with Clinton, outside of their professional ties. They are both political wives who have weathered their husbands’ scandals. In what felt like a Lewinsky affair for the digital age, in 2011, Abedin’s congressman husband, Anthony Weiner, resigned from office after it emerged that he had shared pictures of his genitals with strangers on social media. A second similar scandal then destroyed his attempt to be elected mayor of New York in 2013. In an ironic twist, it was Bill Clinton who officiated at Abedin’s and Weiner’s wedding in 2010. At the time, Hillary is reported to have said: “I have one daughter. But if I had a second daughter, it would [be] Huma.” Like her boss, Abedin stood by her husband and now Weiner is a house husband, caring for their four-year-old son, Jordan, while his wife is on the road.

Ellie Foreman-Peck

A documentary filmed during Weiner’s abortive mayoral campaign has just been released in the US. Weiner shows Abedin at her husband’s side, curtailing his more chaotic tendencies, always flawless with her red lipstick in place. Speaking to the New York Observer in 2007, three years before their marriage, Weiner said of his future wife: “This notion that Senator Clinton is a cool customer – I mean, I don’t dispute it, but the coolest customer in that whole operation is Huma . . . In fact, I think there’s some dispute as to whether Huma’s actually human.” In the film, watching her preternatural calm under extraordinary pressure, you can see what he means.

In recent months, Abedin’s role has changed. She is still to be found at Clinton’s side – as the burrito photo showed – but she is gradually taking a more visible role in the organisation overall, as they pivot away from the primaries to focus on the national race. She meets with potential donors and endorsers on Clinton’s behalf and sets strategy. When a running mate is chosen, you can be sure that Abedin will have had her say on who it is. There’s a grim symmetry to the way politics looks in the US now: on one side, the Republican candidate Donald Trump is calling for a ban on Muslims entering the country; on the other, the presumptive Democratic nominee Hillary Clinton relies ever more on her long-time Muslim-American staffer.

Years before Trump, notable Republicans were trying to make unpleasant capital out of Abedin’s background. In 2012, Tea Party supporters alleged that she was linked to the Muslim Brotherhood and its attempt to gain access “to top Obama officials”. In her rare interviews, Abedin has spoken of how hurtful these baseless statements were to her family – her mother still lives in Saudi Arabia. Later, the senator and former Republican presidential candidate John McCain spoke up for her, saying that Abedin represented “what is best about America”.

Whether senior figures in his party would do the same now remains to be seen.

Caroline Crampton is web editor of the New Statesman.

This article first appeared in the 26 May 2016 issue of the New Statesman, The Brexit odd squad