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REPORTED CONSEQUENCES OF DECRIMINALIZATION OF CONSENSUAL ADULT HOMOSEXUALITY IN SEVEN AMERICAN STATES

NCJ Number
45878
Journal
JOURNAL OF HOMOSEXUALITY Volume: 1 Issue: 4 Dated: (SUMMER 1976) Pages: 419-426
Author(s)
G GEIS; R WRIGHT; T GARRETT; P R WILSON
Date Published
1976
Length
8 pages
Annotation
TO EXAMINE THE IMPACT OF DECRIMINALIZATION OF CONSENSUAL ADULT HOMOSEXUALITY, QUESTIONNAIRES WERE MAILED TO POLICE DEPARTMENTS, PROSECUTING ATTORNEYS' OFFICES, AND HOMOSEXUAL GROUPS IN SEVEN STATES.
Abstract
THE STATES SURVEYED INCLUDED COLORADO, DELAWARE, OREGON, HAWAII, OHIO, ILLINOIS, AND CONNECTICUT. OVERALL RESPONSE RATES WERE LOW: 26 QUESTIONNAIRES WERE RETURNED FROM 17 POLICE DEPARTMENTS (24 PERCENT), 21 WERE RETURNED FROM PROSECUTING ATTORNEYS' OFFICES (26 PERCENT), AND 27 WERE RETURNED FROM 6 HOMOSEXUAL GROUPS (13 PERCENT). ANALYSIS OF RESPONSES INDICATED THAT 88 PERCENT OF POLICE, 90 PERCENT OF ATTORNEYS, AND 73 PERCENT OF HOMOSEXUALS FELT THAT THERE HAD BEEN NO INCREASE IN THE USE OF FORCE BY HOMOSEXUALES; 69 PERCENT OF POLICE, 80 PERCENT OF ATTORNEYS, AND 96 PERCENT OF HOMOSEXUALS INDICATED THAT ADULT/MINOR HOMOSEXUAL RELATIONSHIPS HAD NOT INCREASED; 54 PERCENT OF POLICE, 71 PERCENT OF PROSECUTORS, AND 63 PERCENT OF HOMOSEXUALS FELT THAT, DESPITE THE DECRIMINALIZATION, ADULT HOMOSEXUAL BEHAVIOR HAD NOT INCREASED NOTABLY; 65 PERCENT OF POLICE, 33 PERCENT OF ATTORNEYS, AND 58 PERCENT OF HOMOSEXUALS SAW AN INCREASE IN PUBLIC DISPLAYS OF HOMOSEXUALITY; ABOUT 50 PERCENT OF RESPONDENTS IN EACH CATEGORY NOTED AN INCREASE IN GAY BARS; 81 PERCENT OF POLICE, 60 PERCENT OF ATTORNEYS, AND 42 PERCENT OF THE HOMOSEXUALS FELT THAT THE HOMOSEXUAL SUBCULTURE HAD BECOME MORE UNIFIED SINCE DECRIMINALIZATION; AND 52 PERCENT OF POLICE, 45 PERCENT OF PROSECUTING ATTORNEYS, AND 44 PERCENT OF HOMOSEXUALS FELT THAT SOCIAL CONDEMNATION HAD DECREASED. POLICE AND PROSECUTING ATTORNEYS DISAGREED WITH HOMOSEXUALS WHEN ASKED IF THEY BELIEVED AS MANY HOMOSEXUALS WERE STILL ARRESTED BUT CHARGED UNDER DIFFERENT STATUTES; 75 PERCENT OF THE HOMOSEXUALS FELT THIS WAS CASE. POLICE AND PROSECUTING ATTORNEYS GENERALLY FELT THAT HOMOSEXUALITY WAS A PSYCHIATRIC PROBLEM AND SHOULD BE TREATED AS SUCH. HALF OF THE POLICE OFFICERS INDICATED THAT THEY HAD MORE TIME TO HANDLE MORE SERIOUS CRIMES SINCE DECRIMINALIZATION. THE MAJORITY OF HOMOSEXUALS AND ATTORNEYS WERE IN FAVOR OF THE CHANGE AT THE TIME OF ITS INCEPTION WHILE POLICE OFFICERS WHERE NOT; FOLLOWING DECRIMINALIZATION, HOWEVER, POLICE APPROVAL ROSE TO 59 PERCENT. OVERALL, THE FINDINGS INDICATE THAT DECRIMINALIZATION HAS NOT HAD THE SORT OF DELETERIOUS CONSEQUENCES WHICH HAVE GENERALLY BEEN PUT FORTH BY ITS OPPONENTS. IT IS SUGGESTED THAT ATTITUDES TOWARD AND ACTIVITIES OF HOMOSEXUALS WILL BE INFLUENCED BY FACTORS OUTSIDE CRIMINAL LAW. IT IS NOTED THAT DECRIMINALIZATION IS LIKELY TO HAVE LONG-RANGE IMPACT ON HOMOSEXUAL SELF-CONCEPTS. REFERENCES ARE INCLUDED. (JAP)

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