Buggery
Encyclopedia
The British English
term buggery is very close in meaning to the term sodomy
, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.
, "buggery" was first used in the Buggery Act 1533
, while Section 61 of the Offences against the Person Act 1861
, entitled "Sodomy and Bestiality", defined punishments for "the abominable Crime of Buggery, committed either with Mankind or with any Animal". The definition of "buggery" was not specified in these or any statute, but rather established by judicial precedent
. Over the years the courts have defined buggery as including either:
but not any other form of "unnatural intercourse". The implication being that anal sex with an animal would not constitute buggery. Such a case has not, to date, come before the courts of a common law jurisdiction in any reported decision. However, it seems highly improbable that a person would be exculpated of a crime associated with sex with animals only by reason of the fact that penetration involved the anus rather than the vagina.
At common law consent was not a defence; nor was the fact that the parties were married
. In the UK the punishment for buggery was reduced from hanging to life imprisonment by the Offences against the Person Act 1861
. As with the crime of rape
, buggery required that penetration must have occurred, but ejaculation
is not necessary.
Most common law jurisdictions have now modified the law to permit anal sex between consenting adults. Hong Kong
did so retroactively in 1990, barring prosecution for "crimes against nature" committed before the Crimes (Amendment) Ordinance 1990 entered into force except those that would still have constituted a crime if they had been done thereafter. In the England and Wales
, homosexual buggery was decriminalised in 1967 with a higher age of consent. The Sexual Offences Act 2003
fully removed buggery as a concept in British law, introducing an equal age of consent and not differentiating between vaginal and anal sex.
In the Republic of Ireland
, the Criminal Law (Sexual Offences) Act, 1993 abolished the offence of "buggery between persons". For some years prior to 1993, criminal prosecution had not been made for buggery between consenting adults. The 1993 Act created an offence of "buggery with a person under the age of 17 years", penalised similar to statutory rape
, which also had 17 years as the age of consent
. The Criminal Law (Sexual Offences) Act 2006 replaced this offence with "defilement of a child", encompassing both "sexual intercourse" and "buggery". The act of buggery by way of bestiality is still unlawful under Section 61 of the Offences against the Person Act of 1861. In 2011 a man was prosecuted under this Section, after a woman died as the result of an allergic reaction after having intercourse with his dog.
and buggery are still commonly used in modern English as a mild exclamation, and "buggery" is also synonymous with anal sex.
The word "bugger" was derived, via the French "bougre", from "Bulgar
", that is, "Bulgarian", meaning the medieval Bulgarian heretical sect
of the Bogomils, which spread into Western Europe and was claimed by the established church to be devoted to the practice of sodomy. "Buggery" first appears in English in 1330, though "bugger" in a sexual sense is not recorded until 1555.
British English
British English, or English , is the broad term used to distinguish the forms of the English language used in the United Kingdom from forms used elsewhere...
term buggery is very close in meaning to the term sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.
In law
In English lawEnglish law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, "buggery" was first used in the Buggery Act 1533
Buggery Act 1533
The Buggery Act 1533, formally An Acte for the punysshement of the vice of Buggerie , was an Act of the Parliament of England that was passed during the reign of Henry VIII...
, while Section 61 of the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
, entitled "Sodomy and Bestiality", defined punishments for "the abominable Crime of Buggery, committed either with Mankind or with any Animal". The definition of "buggery" was not specified in these or any statute, but rather established by judicial precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
. Over the years the courts have defined buggery as including either:
- anal intercourseAnal sexAnal sex is the sex act in which the penis is inserted into the anus of a sexual partner. The term can also include other sexual acts involving the anus, including pegging, anilingus , fingering, and object insertion.Common misconception describes anal sex as practiced almost exclusively by gay men...
by a man with a man or woman, or - vaginal intercourseSexual intercourseSexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
by either a man or a woman with an animalZoophiliaZoophilia, from the Greek ζῷον and φιλία is the practice of sex between humans and non-human animals , or a preference or fixation on such practice...
,
but not any other form of "unnatural intercourse". The implication being that anal sex with an animal would not constitute buggery. Such a case has not, to date, come before the courts of a common law jurisdiction in any reported decision. However, it seems highly improbable that a person would be exculpated of a crime associated with sex with animals only by reason of the fact that penetration involved the anus rather than the vagina.
At common law consent was not a defence; nor was the fact that the parties were married
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. In the UK the punishment for buggery was reduced from hanging to life imprisonment by the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
. As with the crime of rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, buggery required that penetration must have occurred, but ejaculation
Ejaculation
Ejaculation is the ejecting of semen from the male reproductory tract, and is usually accompanied by orgasm. It is usually the final stage and natural objective of male sexual stimulation, and an essential component of natural conception. In rare cases ejaculation occurs because of prostatic disease...
is not necessary.
Most common law jurisdictions have now modified the law to permit anal sex between consenting adults. Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
did so retroactively in 1990, barring prosecution for "crimes against nature" committed before the Crimes (Amendment) Ordinance 1990 entered into force except those that would still have constituted a crime if they had been done thereafter. In the England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, homosexual buggery was decriminalised in 1967 with a higher age of consent. The Sexual Offences Act 2003
Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...
fully removed buggery as a concept in British law, introducing an equal age of consent and not differentiating between vaginal and anal sex.
In the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, the Criminal Law (Sexual Offences) Act, 1993 abolished the offence of "buggery between persons". For some years prior to 1993, criminal prosecution had not been made for buggery between consenting adults. The 1993 Act created an offence of "buggery with a person under the age of 17 years", penalised similar to statutory rape
Statutory rape
The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...
, which also had 17 years as the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
. The Criminal Law (Sexual Offences) Act 2006 replaced this offence with "defilement of a child", encompassing both "sexual intercourse" and "buggery". The act of buggery by way of bestiality is still unlawful under Section 61 of the Offences against the Person Act of 1861. In 2011 a man was prosecuted under this Section, after a woman died as the result of an allergic reaction after having intercourse with his dog.
Etymology
The word buggerBugger
Bugger is a slang word used in the vernacular British English, Australian English, Canadian English, New Zealand English, South African English, Caribbean English, Sri Lankan English and occasionally also in Malaysian English and Singaporean English, and rarely American English...
and buggery are still commonly used in modern English as a mild exclamation, and "buggery" is also synonymous with anal sex.
The word "bugger" was derived, via the French "bougre", from "Bulgar
Bulgars
The Bulgars were a semi-nomadic who flourished in the Pontic Steppe and the Volga basin in the 7th century.The Bulgars emerge after the collapse of the Hunnic Empire in the 5th century....
", that is, "Bulgarian", meaning the medieval Bulgarian heretical sect
Sect
A sect is a group with distinctive religious, political or philosophical beliefs. Although in past it was mostly used to refer to religious groups, it has since expanded and in modern culture can refer to any organization that breaks away from a larger one to follow a different set of rules and...
of the Bogomils, which spread into Western Europe and was claimed by the established church to be devoted to the practice of sodomy. "Buggery" first appears in English in 1330, though "bugger" in a sexual sense is not recorded until 1555.
Further reading
- Smith & Hogan, Criminal Law (10th ed), ISBN 0-406-94801-1