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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July 291: 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.
Retrieved 19 September You are currently logged out. Stead published The Maiden Tribute of Modern Babylona series of articles amebdment the ease with which young girls could be “bought” on the street. Nor did it replace or supersede the Buggery laws as the basis of legislation.
Aemndment the Act did not attempt to define what was meant by buggery, later jurists attempted to specify what the act of sodomy actually described in law.
In many respects, the inclusion of Clause 11 in the Criminal law Amendment Act of cannot be viewed as a purposive attempt by the state to construct a pejorative homosexual type through legislation. By the same authors Larry Houston.
Manchester and New York, Further changes were made to this legislation in Legislation against homosexuality first became a function of the state with the Buggery Act in By the Criminal Law Amendment Act ofhomosexual acts of gross indecency not amounting to buggery, which had hitherto not been regarded as a crime labiuchere all, were made subject to a maximum of two years in imprisonment with hard labour. There was little in the legal framework to labouchhere that the legislature purposively constructed a homosexual category.
The Homosexual Revial of Renaissance Style. In its original form, as introduced in the House of Lords, the Criminal Law Amendment Bill made no mention of homosexuals acts, since it was not concerned with this subject at all.
Talk on the Wilde side: On 6 AugustLabouchere moved his now notorious amendment outlawing acts of gross indecency between men both in private and in public. The Criminal Law Amendment Act The Criminal Law Amendment Act or “An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes” was the latest in a year series of legislation in the Laboichere Kingdom beginning with the Offences Against the Person Act that raised the age of consent and delineated the penalties for sexual offences against women and minors.
The law regarding soliciting was changed inmaking it possible to prosecute someone for importuning a homosexual offence. Accessibility Links Skip to content. The Oxford Dictionary of National Biography says: Cocks, Secrets, Crimes, and Diseases,p. Lord Salisbury ‘s government introduced anendment Criminal Law Amendment bill to protect women from brothels and prostitutionraising the age of consent for women from 13 to 16 thus to outlaw sex between men and, what have been since accepted as, underage girls.
An 1885 disgrace
When the Criminal Law Amendment Act was added to the statue books in these existing measures remained in place and section 11 – the so-called Labouchere Amendment came as an ill-defined addendum.
Its principal provision was the raising of the age amrndment consent for young girls from thirteen to sixteen. As a result of the vagueness of the term “gross indecency”, this law allowed juries, judges, and lawyers to prosecute virtually any male homosexual behaviour where it could not be proven that the defendant had specifically engaged in homosexual anal intercourse, also known as sodomy or “buggery”.
Who’s who in gay and lesbian history: This was initiated by a radical Member of Parliament, Henry Labouchere, Old Etonian, nephew of a lord, who saw his main role in Parliament as being the exposure of fraud amendmetn scandal in high places.
It was used to keep government information closed mainly foreign and military secrets, but also any information chosen by the government. Also, the Codes Napoleon were adopted by Italy in This page was last edited on 21 Juneat Brady, Masculinity and Amendmfnt Homosexuality in Britain laouchere, p.
Undoubtedly, the inclusion of Clause 11 did have some cultural effects.
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The pre-existing legislation was based on the statue against sodomy with mankind or beast and had been modified in the course of the nineteenth century. Even the legislation controlling males soliciting males in only classified the guilty as vagabonds and rogues, along with pimps, dossers, beggars and female prostitutes.
Hyde, The Trials of Oscar Wilde, p. 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 llabouchere minute addition, made by the maverick Member of Parliament Henry Labouchere and introduced and passed in a chamber that was virtually empty.
While sodomy had ceased to be a capital crime amnedmentthough still penalized by life imprisonment, this Act broadened the definition of homosexual crime to include even consensual acts between adults in private, while reducing the penalty to two years opposed to the higher sentence imposed laboucherw acts often legally defined as attempted sodomy.
Until sodomy was punishable by death; in that year the penalty was reduced to penal servitude of between ten years and life; but less homosexual practices were not then illegal.