In the 1950s I was arrested twice for being gay--once
in New York City (1954 when I was 16) and the other time in Hollywood,
California (1956 when I was 20)--the charges were 'lewd and lasciviousbehavior"--it was common at that time for under cover policeman to entrap gay men--eventually that procedure was ruled illegal
1959
Conviction Still Haunts Gay Man Seeking Work
Tuesday, 16 February 2010 15:24
He was convicted of a crime more than half a century ago, but what he did in
1959 — have consensual sex with another man — would be perfectly legal
today.
So John Crawford, 70, wants his criminal record cleaned up for good, so that
he doesn't have to disclose his conviction when he seeks volunteer work, and
because of a deeply held belief that he should not be punished for his sexual
orientation.
"I came into this world without a criminal record and I'd like to leave this
world without one," said Crawford, a retired butler. "The police beat me and
beat me and forced me to confess to being gay, but I know in my heart I did
nothing wrong."
Crawford's bid to clean up his record is backed by gay organizations looking
to help others who were convicted under Britain's once draconian
anti-homosexuality laws, which began to be eased in 1967 as social values
changed and sex acts between consenting adults began to be decriminalized.
"These laws were homophobic in the first place, that's why they were
rescinded, but the laws are still penalizing people," said Deborah Gold,
director of Galop, a gay rights group that has helped Crawford. "We've always
had a regular trickle of people asking about it, how to get their records
cleaned up."
She said Crawford suffered horrific treatment from the police and should not
have to disclose his criminal conviction when seeking employment or volunteer
work.
His lawyers wrote to Justice Secretary Jack Straw last week asking that the
law be changed so that Crawford and others in his position would not have to
disclose their convictions during the job interview process.
If no action is taken by March 12, attorneys will seek a formal judicial
review because the policy is not compatible with the European Convention on
Human Rights, said lawyer Anna Mazzola.
"John Crawford wants to do it, to change the law for other people," she said.
"Others are in exactly the same position. The justice secretary has the power to
do this, without going through Parliament."
Mazzola's firm has also filed a freedom of information request for data about
the number of people convicted of consensual sexual offenses that would now be
legal.
"I think there are quite a lot," she said.
Crawford's legal campaign has already been productive. In response to a
letter from his lawyers, police have removed the record of his conviction from
the criminal database, meaning it will not turn up during a computerized
criminal records search.
"We are very sympathetic to Mr. Crawford's concerns," said a Hampshire police
spokesman, who asked not to be identified under department policy. "We recognize
that this is an exceptional case and have acted quickly to resolve it."
The spokesman said the conviction is no longer relevant and has been taken
out of the Police National Computer database. The special ruling applies only to
Crawford, however, not to other gay or bisexual men with similar offenses in
their past.
This welcome decision removes one substantial obstacle Crawford faces in his
retirement as he pursues voluntary positions, such as hospital work where he
would be helping to feed ill people.
He is not satisfied, however, because he is still legally required to reveal
the 1959 episode when asked if he has ever been convicted of any criminal
offense. This happens frequently on questionnaires when applying for volunteer
work with vulnerable persons.
"I think it's ridiculous," Crawford said.
His lingering anger comes in part from the humiliation he suffered at the
hands of police officers in 1959. He said they abused him physically and
harassed him with vulgar taunts, then coerced him into pleading guilty by
threatening to continue beating him if he did not cooperate.
As a result of that plea, he said he was saddled with a conviction that would
not have been possible otherwise, especially since he was not accused of having
sex in public.
"I wanted to plead not guilty, and the case would have been thrown out and I
wouldn't be talking about it now," Crawford said. "Until the police drop it
completely, I won't be happy. I've got to be able to put my hand on my heart and
say to the world, I haven't got a criminal record, and I can't say that now."