LABOUCHERE’S AMENDMENT TO THE CRIMINAL. LAW AMENDMENT BILL. THE 1 lth clause of the Criminal Law Amendments Act (48 & 49 Vic. cap. The Labouchere Amendment to the Criminal Law Amendment Act in the United Kingdom was named after the Member of Parliament who introduced it to . In the Victorian era, common wisdom held that women were passive, sexually innocent beings who did not initiate sexual contact, while men possessed a lustful.

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Contact Larry Houston at Larry banap. The general public, or at least significant sections of urban dwellers demonstrated, throughout the amendmenr half of the nineteenth century, a well-developed and tacit understanding of the guises and location of this sexuality. Labouchere was concerned with a supposed rise in male homosexual and extra-marital sexual activity.

The introduction of Clause 11 in did ensure a catch-all of sexual acts between males. Even the legislation controlling males soliciting males in only classified the guilty as vagabonds and rogues, along lqbouchere pimps, dossers, beggars and female prostitutes.

Brady, Masculinity and Male Homosexuality in Britainp. It is arguable that this legislation, inwas the first English law to distinguish a class of men who sex with other men.

Accessibility Links Skip to content. This was later defined by the courts to include only anal penetration and bestiality. Please update your billing details here to continue enjoying your access to the most informative and considered journalism in the UK.

As originally drafted this measure was designed in the words of its title to make further provision for the protection of women and girls, the suppression of brothels and other purposes and it was brought in by the Government as the direct result of a powerful press campaign carried on by the Liberal journalist W.

This change expanded the definition of a homosexual act while at the same time making it easier for the prosecution of homosexuality.

However, historians such as Cohen and Weeks emphasise the effects of this legislation, once implemented, on broader perceptions of a homosexual identity. However, since there was laboucher actual witness of any such labouchete nor evidence of semen on their posterior regions, the charges were dropped. By the same authors Larry Houston.

An 1885 disgrace

There is little to laboucnere in the legal framework for prosecuting sex between men that the British legislature, in the late nineteenth century, purposively constructed through a law concept of a homosexual identity. Labouchere agreed, and the amendment was passed. Italy and the Netherlands actually abolished punishment for consenting adults in private in the late s, while it took the advent of Hitler to make Germany follow the new British model.


Nonetheless, laboucere retention of the capital charge meant that juries were still reluctant to convict for amendmemt offenses, as men continued to be hanged until for sodomy and the charged remained a capital indictment until Internet History Sourcebooks Project.

Retrieved from ” http: The late Victorian administrations largely succeeded in this aim, as the bulk of this historically important material does not even appear, even in recent historiography. Basingstoke England and New York, There is also little sense of the actions of individuals in policy making in the Home Pabouchere, the government department that had the responsibility for interpreting and implementing the changes in legislation.

Labouchere, inspired to action by the modern question over sexual norms, pushed in the four-minute debate for strong action against “deviants”. There was no discussion, except that one member asked the Speaker whether it was in order to introduce at that stage a clause dealing with a totally different class of offence to that against which the Bill was directed.

It consolidated provisions related to offences against the person an expression which, in particular, includes offences of violence from a number of earlier statutes into a single Act.

Sodom on the Thames: For instance, France had decriminalized sex between consulting adult males with the implementation of the Codes Napoleon With this legislation acts of gross indencency between males whether committed in public or private was a misdemeanour and was liable to imprisonment for up two years.

In addition, the Act stimulated the minimum sentence, which must be no less than ten years penal servitude. The secrecy surrounding this material is indicative of the imperative to keep the discussion of sexuality between men out of the public domain, utilizing the rarely implemented one hundred year rule. One member questioned whether Labouchere’s amendment had anything to do with the original intent of the bill – sex crimes relating to young women and prostitution. Although historians have described homosexual offences before, the question of what forms of behaviour actually constituted a crime at the beginning of the nineteen century is still relatively unclear.

Henry LabouchereLiberal MP for Northamptonhad been a diplomat; he now was the founding editor of Truth magazine, which had its selling point in exposing corruption and degeneration.


Homosexuality in Great Britain Section Two: The Criminal Law Amendment Act was passed, as we have seen, on the back of mass protest, section 11 of the act which criminalized acts of gross indecency between men was a last minute addition, made by the maverick Member of Parliament Henry Labouchere and introduced and passed in a chamber that was virtually empty.

However, in the eighteen century the judiciay went by laws passed by the Tudor monarchs.

An disgrace | The Times

When sex between two men in private was decriminalised for men over 21, the Sexual Offenses Act of did not distinguish between anal sex and other forms of sexual contact between men. Another series of dossiers, containing material about prosecution of sex between men relating to the late s, s and the s, but compiled between andwere finally closed using the one hundred year rule in This offence remained on the statute books until the Sexual Offences Act History of English criminal law.

Start your free trial. In Apriltransvestites Boulton and Park were arrested for wearing drag outside the Strand Theatre.

Calling it Uranian love, he even considered it to be a higher form of love than common heterosexual love. Clause 11 of the Criminal Law Amendment Act was not, as historians often claim, a revolution in jurisprudence.

A number committed suicide. The law regarding soliciting was changed inmaking it possible to prosecute someone for importuning a homosexual offence.

The Offences Against the Person Act offinally removed the capital charge for sodomy. A fourth piece of legislation, the Official Secrets Acts in indirectly dealt with homosexuality. Legislation against homosexuality first became a function of the state with the Buggery Act in This clause, poet Symonds noticed, served essentially as a conspiracy charge, allowing for a broader pool of convictions.

The Bill in question, entitled, A Bill to make further provision for the protection of women and girls, the suppression, of brothels and other purposes, was introduced and passed in the House of Lords without any reference to indecency between males. Your subscription will end shortly.