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 This law was only repealed in 2003.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Men convicted of the now repealed consensual offence of gross indecency are, in effect, being rebranded as serious criminals and treated on a par with vicious, violent sex fiends.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: His personal biography can be viewed here:

All photos: India Bourke
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“They cut, we bleed”: activists Sisters Uncut protest closures of women's services

 “Our blood should not pay for our rape.”

Over 500 domestic violence survivors and support workers processed through central London this weekend. The protest, staged by the feminist direct action group Sisters Uncut, mourned the women’s services that are losing out as a result of the government's austerity drive.

Since November 2014 the group has occupied streets, burned copies of the Daily Mail, and hijacked the Suffragette film premiere. But on Saturday the mood was somber. In Soho Square the group staged a symbolic funeral service. Attendees stood in a protective circle, fists raised, while members took turns to read out the names of the scores of women who’ve been killed by men in the past year:  “Anne Dunkley, 67; Nadia Khan, 24; Lisa Anthony, 47…”. The youngest was just 14 years old.

The service culminated in a promise “to never forget” the dead, and also to protect the living: “We must love and support one another; we have nothing to lose but our chains".

As the protestors passed St Martins in the Fields Church, dressed in black veils and funeral attire, the crowd of passers-by broke into spontaneous applause. “It gave me goosebumps”, Caroline, an activist and former victim of abuse told me. “You expect people on the march to be supportive but not the people on the street. I’ve been on other marches and people normally complain about you being selfish and blocking up the streets but this response makes you feel like people do  care.”

The show of public support is especially welcome in the aftermath of the Chancellor’s Autumn Statement. Cuts to local authority budgets have already led to the closure of over 30 domestic violence services since 2010, including Eaves, a charity that provided services for single, low-income and vulnerable women.

Further erosions to local council budgets will only put more services and lives at risk, activists say. Also of concern is Osborne’s decision to devolve responsibility for raising a social care tax (of up to 2 per cent on council tax) to local authorities. This tips hostility to tax increases away from central government to local authorities, and could place greater pressure on women’s services to compete for funding.

The Chancellor offered a supposed silver lining to the cuts with the promise that VAT money raised from the EU’s compulsory tax on sanitary products will be ringfenced for women’s charities, such as the Eve Appeal and Women’s Aid.

The implication, however, that only women are to pay for helping the victims of domestic violence was met with derision from Sisters Uncut. As the marchers approached their final destination in Trafalgar Square, red dye turned the square’s famous fountains the colour of blood. “This blood won’t wash the blood from Osborne’s hands,” read one tampon-draped banner; “Our blood should not pay for our rape”, read another.

For those on the march, the cuts are an affront on many levels. All those I spoke to worked in some form of public service; everything from housing to foster care. But some have had to move out of the women’s services sector for the lack of funding.

Louisa used to work for a domestic violence service in London until it was forced to close last month. “I’m here because I’ve witnessed first hand what the cuts are doing to women and how much the organisations are having to squeeze what they can provide.”

All public services have legitimate claims to support - from the 14-strong police team that escorted the marchers, to the sweepers who were left to dredge the protesters’ roses out of the fountains and brush away the tampons that had fallen from their banners.

The danger, however, according to Caroline, is that the needs of domestic violence victims are all too easy to sideline: “This is by its nature something that goes on behind closed doors,” she says. As funding tightens, these voices musn’t be squeezed out.

Sisters Uncut is an intersectional group open to all who identify as women. The national domestic violence helpline offers help and support on 0808 2000 247. Members of the LGBT communities can also access tailored support from Broken Rainbow on 0800 9995428.

India Bourke is the New Statesman's editorial assistant.