英國司法部廿日宣布,英格蘭與威爾斯曾因數十年前即已廢除的反同性戀法而入罪的男同性戀者,將獲得死後赦免,仍在世者自二○一二年起已可申請洗清罪名,新法實施後只要內政部認定無罪即自動赦免。
赦罪的法律依據是由自由民主黨國會議員夏基推動、俗稱「圖靈法」(the Turing Law)的修正案,已獲得執政黨保守黨支持,可望在數月內通過。
「圖靈法」以二次大戰破解德國密碼機的數學家圖靈(Alan Turing)為名,他為英國立下大功,讓二戰提早結束。他創造了「圖靈解碼機」,為現代電腦的先驅,被譽為「電腦科學之父」。
圖靈一九五二年因與一名男性發生性行為被起訴,並強制接受女性荷爾蒙治療,他一九五四年吃了塗有氰化物的蘋果自殺,年僅四十一歲。英國政府二○○九年為他所受的待遇道歉,英國女王二○一三年正式赦免他。
英格蘭和威爾斯一九六七年將年滿廿一歲男同性戀者的合意性行為除罪,蘇格蘭和北愛爾蘭分別在一九八○和八二年除罪。
紐約時報報導,在同性戀除罪化之前,英國男同性戀者被判雞姦罪、嚴重猥褻罪和蓄意徘徊遊蕩罪。他們在酒吧、咖啡館、公廁被抓,有時在家中被抓。而有許多案件,他們只是想與另一個男性親近。
女同性戀者的性行為在英國並不違法,有時會被判行為不檢。
夏基估計,因同性戀入罪的人約有六萬五千人,其中一萬五千人仍在世,自二○一二年起,他們可以向內政部申請洗清罪名,迄今收到三三五件,已核准八十四件。
不合意的性行為,或與未滿十六歲者發生性行為,以及在公共場合的性行為不在赦免之列,最後一項是很大的障礙,因為直到一九七○年代,許多男同志在公廁尋找同性伴侶。
為男女同性戀者、雙性戀者、跨性別者爭取平權的「石牆」組織認為「圖靈法」仍有不足,應全面大赦,也有人認為政府應該道歉。
九十四歲的作家蒙塔古說:「接受赦免代表你承認有罪,我又沒有犯罪。」他一九七四年被判嚴重猥褻罪,這是一般對男同志性行為定的罪。
德國本月宣布計畫對因舊法入罪的同性戀者賠償,加拿大和紐西蘭考慮赦免過去被定罪的同性戀者,美國唯一類似的做法,是歐巴馬政府自二○一一年起允許因同性性行為被勒令退伍的軍人把退伍的類別從「行為不檢」改為「榮譽退伍」。
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