Colonialism: Why some nations outlaw intimacy between men but not women

Some of New Zealand's closest neighbours criminalise same-sex intimacy between men, but not between women, and a senior psychology lecturer says it's because sex is most often associated with penetration.

Same-sex relationships have long been a contentious issue. While there are signs of non-hetero relationships gaining more respect around the world, some very odd perceptions about same-sex relationships still exist, including an apparent denial of lesbianism.

"At the core it's a form of sexism, to be honest," says Dr Pani Farvid, a senior psychology lecturer at Auckland University of Technology (AUT), telling Newshub acceptable sexual intimacy is positioned in a very "phallocentric way", meaning it's male-focussed.

"There's this idea that if some kind of penetration hasn't occurred, then sex hasn't happened," she explained. "And in the heterosexual world, it's this idea that if you haven't had intercourse, real sex hasn't happened."

What could bring about change?

Countries like New Zealand - where it is illegal to discriminate against people based on their sexual identity under the Human Rights Act 1993 - should apply pressure to other countries where same-sex couples continue to be persecuted, Dr Farvid suggests. 

Despite 69 out of 193 countries still criminalising same-sex sexual relations to this day, there are signs of non-hetero relationships being more socially-acceptable in some countries, such as India, which decriminalised homosexuality in early September.  

But many of the countries which New Zealand considers friends and allies still discriminate against and penalise those who engage in homosexual intimacy, and oddly single out homosexuality between men and not women.  

Singapore might be one of New Zealand's closest trading partners, but the two nations don't share the same views on same-sex relationships. In Singapore, sexual relations between men are illegal and punishable by up to two years in prison, but lesbianism is technically legal.

There are still 69 out of 193 countries that criminalise same-sex sexual relations to this day.
There are still 69 out of 193 countries that criminalise same-sex sexual relations to this day. Photo credit: Newshub
Banning same-sex male relationships but not same-sex female relationships is an unusual trend that has been adopted by many nations that were colonised by European powers, according to statistics on Equaldex, an online LGBT knowledge base. 
 

Some of New Zealand's closest neighbours have the same pro-lesbian rule, including Samoa, where homosexuality between men is currently illegal and publishable by up to five years in prison, but sexual activity between females is not illegal.

Again, in the Cook Islands, homosexual activity between males is illegal and punishable by up to seven years in prison, but it is legal between females. The same goes for Tonga, where only females are legally allowed to engage in same-sex activity, and also Tuvalu and Papua New Guinea.

Similar rules apply in Malaysia, Jamaica, Zimbabwe, St Lucia, Grenada, Namibia and Swaziland.

The importation of Christianity

What these countries have in common is that they were either colonised, or strongly influenced by Britain, which declared homosexuality illegal in 1885. However, there was never any specific ban on sexual activity between women, and this idea appears to have trickled down into the nations Britain influenced. 

"It comes back to that 1885 law that was passed in England with regards to outlawing sodomy," Dr Farvid told Newshub, referring to MP Henry Lebouchere's amendment to the 1885 Criminal Law Amendment Act which made homosexual acts of "gross indecency" illegal.

MPs attempted to add a clause to a new Criminal Law Amendment Bill being debated in 1921 which would have made lesbianism into a criminal offence, according to the British Library. But this was dropped over "concern that legalisation would only draw attention to the offence and encourage women."  

Queen Victoria is reported to have said: "Women do not do such things," when confronted with the idea of lesbian sex during her rule. But the story has been debunked, and apparently originated in Wellington, New Zealand, in 1977.

Demonstrators for lesbian equality gathered at a statue of Queen Victoria in Wellington, The Scotsman reports, where it's said the myth was born. But even though historians say the story is not true, Dr Farvid said it "goes back to the idea that lesbian sex wasn't seen as real sex so it wasn't legislated." 

Monotheistic religions [belief in only one God] often place a strong emphasis on sex only being for procreation, Dr Farvid said, and therefore "proper sex" is only considered morally acceptable between a man and a woman.

"Some of those norms have loosened. For example, in Victorian times you weren't really supposed to enjoy sex, especially as a woman. It was really to fulfil your Christian duties of procreating," she said.

"That kind of stuff softened, but in homophobic discourse, we still hear today that sex between two men or two women is not right because it doesn't lead to procreation."

"Of course that's nonsense, and the meaning of sex has changed over time," she adds, "and people have sex for lots of different reasons. We have the means of having an offspring without necessarily having to be in a heterosexual relationship."

Papua New Guinea was one of the countries whose cultural acceptance of homosexuality changed after European missionaries introduced Christianity. It's understood same-sex relationships were an integral part of the region's culture until the middle of the 1900s.

Ethnic tribes such as the Etoro and Marind people accepted same-sex relationships, but have since become hostile towards the idea since the flood of colonialism. In fact, people in openly same-sex relationships in Papua New Guinea can now spend decades in prison.

"There are some really interesting cultures around the Pacific, and the way in which they have had sexual relationships that don't fit the Christian mould, but they've been forced into it because of that colonisation process," said Dr Farvid.

She said, over time, countries can catch up and learn to accept change, the same way India has. But in the meantime, countries where homosexuality is legal need to apply "internal, social, economic and external pressure".

It also helps when politicians, sportspeople and celebrities speak out and get behind the cause, Dr Farvid said, which can influence policy change and encourage public support. 

Newshub.