A landmark ban on abusive conversion therapy is set to be introduced in England and Wales, as perpetrators could face five year jail sentences and unlimited fines under proposed new laws.
Shocking figures reveal that 195 cases have been reported in the last three years, with members of the LGBTQ+ community being beaten, raped, and subjected to forced exorcisms, with one person losing a finger due to physical abuse.
The government have now pushed forward to close current legal loopholes that leave victims at risk, setting a criminal punishment for abusive acts that cause serious harm.
Conversion practices refers to the belief that LGBTQ+ identities need correction, and that sexual orientation or transgender identity can be changed through physical, sexual, economic and psychological abuse.
The government said the proposed legislation will not criminalise expressing beliefs about LGBT+ identities, or ban “explorative” conversations and questioning about someone’s identity”. It stressed that there is a “high threshold for criminality” which will only cover acts deemed abusive, attempting to change someone’s identity, and which create “real harm” to the person.
Healthcare professionals, therapists and counsellors will still be able to have “free and open conversations about sexuality and transgender identity” with patients, the government said as it noted exemptions to the ban for legitimate healthcare.
The Bill’s publication comes eight years after a ban was first promised in 2018, by former Conservative prime minister Theresa May.
That was later downgraded under Boris Johnson’s leadership to not include transgender people, but the Conservative government under Rishi Sunak said in January 2023 that the conversion therapy ban would be for “everyone”, including transgender people.
Labour vowed in its manifesto that if it gained power it would “finally deliver a full trans-inclusive ban on conversion practices, while protecting the freedom for people to explore their sexual orientation and gender identity”.
The government said a series of legal loopholes mean conversion practices are still happening, with current legislation not adequately addressing the problem and leaving a gap in the law.
Anyone found guilty of carrying out abusive conversion practices could face a maximum prison sentence of five years, an unlimited fine or both.
In a major new report conducted by anti-abuse charity Galop and shared with The Independent, it was revealed that 76 per cent of cases were perpetrated or initiated by family members, including 63 per cent by parents.
Meanwhile, 81 per cent involved coercive and controlling conversion practices such as abuse, threats, forced marriage or restriction and surveillance.
Olivia Bailey MP, Minister for Equalities, said: “Conversion practices are driven by the false belief that being LGBT+ is shameful and can be forcibly changed.
“No-one should face abuse just because of who they are. That’s why we are delivering on our manifesto commitment to ban abusive conversion practices.
“Legal loopholes have left LGBT+ people vulnerable to these harmful acts which is why we must legislate.”
Baroness Hilary Cass, who undertook a review into children’s gender care in the NHS, said she was pleased the legislation “gives a clearer definition of what conversion practices are, compared to previous drafts, but also what they are not”.
She said: “It is important that healthcare professionals providing much needed holistic care to young people feel confident that they are able to do their job without fear of litigation and the Minister has kept that important issue in mind at the same time as the need to protect vulnerable young people.
“I look forward to the pre legislative scrutiny process which will facilitate further constructive debate. “
Jasmine O’Connor, co-chief executive of Galop, said the charity “frequently witnesses the devastating impacts caused by conversion practices” and said gaps in the law had left LGBT+ people “unprotected against covert and insidious forms of abuse”.
She added: “We welcome this long-overdue legislation – it’s a vital first step toward addressing conversion practices as a distinct form of harm.”
Stonewall chief executive Simon Blake said people who are gay or transgender “are not broken or in need of ‘fixing’”, adding that such practices “are abuse, and every day without a ban in place leaves people at risk of serious harm”.
Bishop of Manchester David Walker said the Church of England, whose parliament – or General Synod – had voted in favour of a ban in 2017 – welcomed the Bill as “a positive step” towards stopping practices which have “harmed LGBT+ people over many years, leaving many with lifelong trauma”.
Subscribe here to get the latest updates from The Independent
