In a figurative gesture announced by the British government today, deceased gay and bisexual men convicted of sexual offences that are no longer unlawful will have their criminal records cleaned.
Announcing the proposal, the Ministry of Justice said that no individuals would be named or singled out – leaving the status of past scandals unresolved.
If the historical homosexual crime is no longer illegal and involved a consensual act with someone over the age of 16, then those convicted will be deemed to have received a posthumous pardon, it said.
The complexity of the evidence that led to Wilde’s conviction in 1895 for gross indecency – including evidence of procuring male prostitutes – would make it difficult to assess. The gay rights organisation Stonewall suggested that the playwright and author, who was sentenced to two years hard labour in Reading jail, should now be entitled to a pardon.
The justice minister, Sam Gyimah, said that an article would be introduced into the policing and crime bill. “It is hugely important that we pardon people convicted of historical sexual offences who would be innocent of any crime today,” he said. “Through pardons and the existing disregard process we will meet our manifesto commitment to put right these wrongs.”
The disregard process is already open to those who are alive and wish to remove from their criminal record any past sexual offences that are no longer illegal. They will be entitled to a constitutional pardon under the new legislation.