In the 1940s, Herbert was the victim of an attempted robbery while he was dressed as a woman. His assailants falsely claimed that Herbert had solicited them for sex, and Herbert was accused and convicted of indecency under Canada's same-sex sexual activity law, which was not repealed until 1969.
In the 1940s, Herbert was a victim of an attempted robbery when he wore female attire. His attackers falsely accused Herbert of soliciting them sexually and charged him with indecency under Canada's same-sex sexual activity law, which remained unamended until 1969.