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"I was convicted for being gay."

 

It was 1988.

It was the year of the famous World Expo in Brisbane. Kylie Minogue released her hit single, “I Should Be So Lucky”. And, Bob Hawke was Prime Minister of Australia.

Also in 1988, just 28 years ago, a man called Alan Raabe was convicted in Queensland for an act of “homosexuality”.

More specifically, he was convicted under the Queensland Criminal Code 1899 and Criminal Law (Sexual Offences) Act 1978 for “aggravated sexual assault” against another man.

Under law, the term “aggravated sexual assault” implies the act was not consensual; that the act inflicted bodily harm onto the victim. The perpetrator either recklessly or intentionally chose to harm another person and cause them immense pain.

But, that term does not reflect the case of Alan Raabe, now 61. He was convicted under an archaic law that classed homosexuality as a criminal act. A sex crime. He has carried  the label all his life.

Only now decades after the Queensland government made homosexuality legal, is he being given the chance to clear his name.

This is his story:

It was about 1am and Alan was on the foreshore in Cairns, where he had been living for the last few years.

“I was walking along, it was dark, and I noticed a man from afar,” Alan says. “The man gave me ‘the look’. You know – ‘THE LOOK’. We met up, he took me to a secluded area.”

It turned out the man involved with Alan was actually an undercover police officer. During their encounter Alan brushed the groin of the police officer. And in doing so committed an “unnatural offence” .

He was charged that night and two weeks later appeared in court for aggravated sexual assault over this 1am encounter.

It was 1988 and according to Alan the police force were out to get gay men. They were prepared to go undercover and lure them just to convict them for their sexuality. Alan become one of what the Brisbane Times described as “548 victims of Queensland’s war on homosexuality and…. one of the 464 people who would be convicted of an “unnatural offence”.

Alan pleaded guilty in court, but later realised he should have fought against the charges on the basis of entrapment. He was handed a criminal conviction and a suspended sentence. But the conviction itself became a life sentence ever since.

“Mine is just one of many, many stories. Everyone’s story is so different,” Alan says. “Over 500 people were before the courts because of the laws and not for the same offence, either.

“There were cases where partners would have consensual sex and one of them would be charged with rape.

“I also knew of circumstances where gay friends would get together – have a barbecue or something – and the police would plan and raid the party and all of the men would just have to try and get out…They had the power to get us and so they would do everything to exploit it.”

The injustice and cruelty of the laws affected Alan deeply and changed the way he viewed himself and also the course of his life.

“My conviction deeply affected my self belief,” he says.

“I must have done the wrong thing. It must have been my fault. If I hadn’t have done it…well, if I just hadn’t done it I wouldn’t be here.”

At the time Alan was charged he had big dreams. He was working in a hotel but was planning on being a teacher.

“I wanted to teach students about hospitality and accounting. It was something that was becoming bigger and it’s all I wanted to do.”

Even though homosexuality was decriminalised just two years later, Alan was still a convicted sexual offender and was therefore banned from teaching.

“What I didn’t realise at the time was just how long-term and all-pervasive it [the conviction] would be.

“Still recently, when I applied for voluntary – not paid, voluntary – work with people who learn English as a second language, I couldn’t get through the (background) checks. The offence is still there and it’s still affecting me.”

Alan encountered the same barriers when he applied to help out in a day respite centre for people with disabilities.

This month the Queensland government announced it was honouring its election commitment to expunge historic convictions for homosexual sex and “right the wrongs of the past”.

Attorney-General and Minister for Justice Yvette D’Ath has tasked the Queensland Law Reform Commission with recommending how historical convictions for consensual homosexual conduct can be removed from a person’s criminal record.

“This is long overdue,” the Attorney-General said in a press conference. “Queensland is one of the last states to take action in relation to historical homosexual convictions. This is about righting the wrongs of the past – laws that should have never existed.”

Alan says the decision to expunge his record won’t change how he feels about himself, but will change how society sees him.

“Wonderful, wonderful counselling has helped me negotiate how I feel and the impacts the conviction had on me…this decision by the government is important about the relationship I have with society,” Alan said

“My career is already over, as far as that is concerned – I know that. The thing that is the most significant is they’re [the government] acknowledging it was wrong. The people in charge are saying it was wrong.”

 

“For the past years, marriage equality has driven so much discussion in regards to the gay community. I fear that when marriage equality is achieved, many people with think the fight for equality is over, when it clearly won’t be. Is there something you want to tell me, you think is important but is just not being talked about enough?”

“All I want is for gay people to come out. I want gay people to get together to demonstrate that we are not scary people. I want to show the world that we are not scary. I don’t want people to be afraid of me.

“I’m just a human being.”

If you have been sentenced under these laws and would like support please contact the LGBTI Legal Service here.

 

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Top Comments

Helen 9 years ago

Hard to believe that was such a short time ago, seems like such an archaic law.

Abby Ballard 9 years ago

I know! When I first read about Alan's story I thought there was surely a typo in the date, but - 100% accurate. Unbelievable.

Thanks for reading. Abbyx (Mamamia)