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 This law was only repealed in 2003.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Men convicted of the now repealed consensual offence of gross indecency are, in effect, being rebranded as serious criminals and treated on a par with vicious, violent sex fiends.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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It's easy to see where Berlin is being rebuilt – just hit the streets

My week, from walking the streets of Berlin to class snobbery and the right kind of gentrification.

Brick by brick, block by block, the people are rebuilding the city once called Faust’s Metropolis. To see it clearly, put your boots on. One of the most bracing walks starts by the Gethsemane Church, which served as a haven for dissenters in the last days of the GDR and takes you down ­towards the Hackescher Markt.

Here, in what is still the eastern half of a divided city that wears its division more lightly, is a Berlin experience both old and new. In three decades of frequent visits, it has been fascinating to note how much this part of town has changed. Even a decade ago these streets were rundown. With crumbling buildings showing bulletholes, it wasn’t hard to imagine what the place looked like in 1945. Now there are lilacs, blues, and yellows. Cafés, bars and restaurants abound, serving the young professionals attracted to the city by cheap rents and a renewed sense of community.

 

Breaking the fourth wall

Looking north along Schliemannstraße, you’ll find a delightful vista of well-tended balconies. It’s a pleasant place to live, notwithstanding the gaggle of grotesques who gather round the corner in the square. On Kastanienallee, which forms the second leg of the walk, an old city feels young. It’s a kind of gentrification but the right kind. There’s more to eat, to drink, to buy, for all.

Berlin, where Bertolt Brecht staged his unwatchable plays, was supposed to have been transformed by a proletarian revolution. Instead, it has been restored to health by a very middle-class one. Germany has always had a well-educated middle class, and the nation’s restoration would have impossible without such people. The irony is delicious – not that irony buttered many parsnips for “dirty Bertie”.

 

The new snobbery

The British Museum’s survey of German history “Memories of a Nation” is being presented at the Martin-Gropius-Bau as “The British View”. Germans, natürlich, are curious to see how we observe them. But how do they see us?

A German friend recently in England  said that the images that struck him most forcibly were the tins of food and cheap booze people piled up in supermarkets, and the number of teenage girls pushing prams. Perhaps Neil MacGregor, the former director of the British Museum who will shortly take up a similar role here at the new Humboldt Forum, may turn his attention to a “German View” of the United Kingdom.

There’s no shortage of material. In Schlawinchen, a bar that typifies Kreuzberg’s hobohemia, a college-educated English girl was trying to explain northern England to an American she had just met. Speaking in an ugly modern Mancunian voice that can only be acquired through years of practice (sugar pronounced as “sug-oar”), she refer­red to Durham and York as “middle class, you know, posh”, because those cities had magnificent cathedrals.

When it comes to inverted snobbery, no nation can match us. To be middle class in Germany is an indication of civic value. In modern England, it can mark you as a leper.

 

Culture vultures

The Humboldt Forum, taking shape by the banks of the Spree, reconsecrates the former site of the GDR’s Palace of the Republic. When it opens in 2018 it will be a “living exhibition”, dedicated to all the cultures of the world. Alexander von Humboldt, the naturalist and explorer, was the brother of Wilhelm, the diplomat and philosopher, whose name lives on in the nearby university.

In Potsdamerplatz there are plans to build a modern art museum, crammed in between the Neue Nationalgalerie and the Philharmonie, home to the Berlin Philharmonic. Meanwhile, the overhaul of the Deutsche Staatsoper, where Daniel Barenboim is music director for life, is likely to be completed, fingers crossed, next autumn.

Culture everywhere! Or perhaps that should be Kultur, which has a slightly different meaning in Germany. They take these things more seriously, and there is no hint of bogus populism. In London, plans for a new concert hall have been shelved. Sir Peter Hall’s words remain true: “England is a philistine country that loves the arts.”

 

European neighbours

When Germans speak of freedom, wrote A J P Taylor, a historian who seems to have fallen from favour, they mean the freedom to be German. No longer. When modern Germans speak of freedom, they observe it through the filter of the European Union.

But nation states are shaped by different forces. “We are educated to be obedient,” a Berlin friend who spent a year at an English school once told me. “You are educated to be independent.” To turn around Taylor’s dictum: when the English speak of freedom,
they mean the freedom to be English.

No matter what you may have heard, the Germans have always admired our independence of spirit. We shall, however, always see “Europe” in different ways. Europe, good: we can all agree on that. The European Union, not so good. It doesn’t mean we have to fall out, and the Germans are good friends to have.

 

Hook, line and sinker

There are fine walks to be had in the west, too. In Charlottenburg, the Kensington of Berlin, the mood is gentler, yet you can still feel the city humming. Here, there are some classic places to eat and drink – the Literaturhauscafé for breakfast and, for dinner, Marjellchen, a treasure trove of east Prussian forest delights. Anything that can be shot and put in a pot!

For a real Berlin experience, though, head at nightfall for Zwiebelfisch, the great tavern on Savignyplatz, and watch the trains glide by on the other side of Kantstraße. Hartmut Volmerhaus, a most amusing host, has been the guvnor here for more than 30 years and there are no signs that his race is run. The “Fisch” at twilight: there’s nowhere better to feel the pulse of this remarkable city. 

This article first appeared in the 01 December 2016 issue of the New Statesman, Age of outrage