Therapeutic jurisprudence and homosexual expungement law: Lessons from Australia and New Zealand/Aotearoa

Until recently a historical conviction for a homosexual offence remained on an individual's criminal record until expungement legislation was enacted to facilitate such convictions to be spent. An analysis of parliamentary debates in New Zealand/Aotearoa and across Australia highlights the aim...

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Bibliographic Details
Published in:International journal for crime, justice and social democracy justice and social democracy, 2023-01, Vol.12 (4), p.66-79
Main Author: George, Allen
Format: Article
Language:English
Subjects:
Crime
Criminal records
Expungement
expungement legislation
Gays & lesbians
historical homosexual offences
Homosexuality
Law and legislation
Legislation
lgbtiq communities
Reparation (Criminal justice)
Sex crimes
Sexual minorities
Therapeutic jurisprudence
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Summary:Until recently a historical conviction for a homosexual offence remained on an individual's criminal record until expungement legislation was enacted to facilitate such convictions to be spent. An analysis of parliamentary debates in New Zealand/Aotearoa and across Australia highlights the aim and opinions of lawmakers in their desire to bring about a therapeutic remedy to address the 'criminal stain' of a conviction for a historical homosexual offence. Along with the aim to remedy the effect of a conviction, parliaments used the law reform debate as a broader therapeutic project of inclusiveness for lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) communities. The success of expungement is evidenced by the passing of legislation, with most applications to expunge granted. These positive outcomes are countered by a low number of applications to expunge, a refusal by all governments to provide reparations and the use of expungement legislation to garner favour with all members of LGBTIQ communities - a move open to an accusation of government virtue signalling.
ISSN:2202-8005
2202-7998
2202-8005
DOI:10.5204/ijcjsd.2701