Labouchere Amendment
Encyclopedia
The Labouchere Amendment, also known as Section 11 of the Criminal Law Amendment Act 1885
made gross indecency a crime in the United Kingdom
. The amendment gave no definition of "gross indecency," as Victorian morality
demurred from precise descriptions of activity held to be immoral. In practice, the law was used broadly to prosecute male homosexuals where actual sodomy
(meaning, in this context, anal intercourse) could not be proven. The penalty of life imprisonment for sodomy (until 1861 it had been death) was also so harsh that successful prosecutions were rare. The new law was much more enforceable. They were both repealed by the Sexual Offences Act 1967
, which decriminalized homosexual behaviour.
Most famously, Oscar Wilde
was convicted under Section 11 and sentenced to 2 years' hard labour, and Alan Turing
was convicted under it and sentenced to chemical castration
.
, who added it to the Act at the last minute. Frank Harris
, a contemporary, wrote that Labouchere proposed the amendment in order to make the law seem "ridiculous" and thus discredit it in its entirety; some historians agree, citing Labouchere's habitual obstructionism and other attempts to sink this bill by the same means, while others write that his role in the Cleveland Street scandal
and the context of the law in controlling male sexuality suggest a sincere attempt. The amendment was rushed through and passed in the early hours of August 7, 1885, becoming Section 11 of the Act. One member, Mr Charles Warton, questioned whether Labouchere's amendment had anything to do with the original intent of the bill, the prohibition of sexual assault
against young women, and prostitution
. Speaker
Arthur Peel
responded that under procedural rules any amendment was permitted as long as Parliament permitted it.
The former Attorney-General
, Sir Henry James
, while supporting the amendment, objected to the leniency of the sentence, and wanted to increase the penalty to two years' hard labour. Labouchere agreed, and the amendment was passed.
or "buggery". The sentence was relatively light compared to the penalty for anal sodomy, which remained a separate crime.
Lawyers dubbed Section 11 of the Criminal Law Amendment Act 1885
, the "blackmailer's charter,". It was famously invoked to convict Oscar Wilde
in 1895. Wilde was given the most severe sentence possible under the act, which the judge described as "totally inadequate for a case such as this". The law was repealed in part by the Sexual Offences Act 1967
when homosexual acts were decriminalized in England and Wales
, with remaining provisions being deleted later.
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , 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 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...
made gross indecency a crime in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. The amendment gave no definition of "gross indecency," as Victorian morality
Victorian morality
Victorian morality is a distillation of the moral views of people living at the time of Queen Victoria's reign and of the moral climate of the United Kingdom throughout the 19th century in general, which contrasted greatly with the morality of the previous Georgian period...
demurred from precise descriptions of activity held to be immoral. In practice, the law was used broadly to prosecute male homosexuals where actual 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"...
(meaning, in this context, anal intercourse) could not be proven. The penalty of life imprisonment for sodomy (until 1861 it had been death) was also so harsh that successful prosecutions were rare. The new law was much more enforceable. They were both repealed by the Sexual Offences Act 1967
Sexual Offences Act 1967
The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom . It decriminalised homosexual acts in private between two men, both of whom had to have attained the age of 21. The Act applied only to England and Wales and did not cover the Merchant Navy or the Armed Forces...
, which decriminalized homosexual behaviour.
Most famously, Oscar Wilde
Oscar Wilde
Oscar Fingal O'Flahertie Wills Wilde was an Irish writer and poet. After writing in different forms throughout the 1880s, he became one of London's most popular playwrights in the early 1890s...
was convicted under Section 11 and sentenced to 2 years' hard labour, and Alan Turing
Alan Turing
Alan Mathison Turing, OBE, FRS , was an English mathematician, logician, cryptanalyst, and computer scientist. He was highly influential in the development of computer science, providing a formalisation of the concepts of "algorithm" and "computation" with the Turing machine, which played a...
was convicted under it and sentenced to chemical castration
Chemical castration
Chemical castration is the administration of medication designed to reduce libido and sexual activity, usually in the hope of preventing rapists, child molesters and other sex offenders from repeating their crimes...
.
Origin
It was named after Henry LabouchereHenry Labouchere
Henry Du Pré Labouchère was an English politician, writer, publisher and theatre owner in the Victorian and Edwardian eras. He married the actress Henrietta Hodson....
, who added it to the Act at the last minute. Frank Harris
Frank Harris
Frank Harris was a Irish-born, naturalized-American author, editor, journalist and publisher, who was friendly with many well-known figures of his day...
, a contemporary, wrote that Labouchere proposed the amendment in order to make the law seem "ridiculous" and thus discredit it in its entirety; some historians agree, citing Labouchere's habitual obstructionism and other attempts to sink this bill by the same means, while others write that his role in the Cleveland Street scandal
Cleveland Street scandal
The Cleveland Street scandal occurred in 1889, when a homosexual male brothel in Cleveland Street, Fitzrovia, London, was discovered by police. At the time, sexual acts between men were illegal in Britain, and the brothel's clients faced possible prosecution and certain social ostracism if discovered...
and the context of the law in controlling male sexuality suggest a sincere attempt. The amendment was rushed through and passed in the early hours of August 7, 1885, becoming Section 11 of the Act. One member, Mr Charles Warton, questioned whether Labouchere's amendment had anything to do with the original intent of the bill, the prohibition of sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
against young women, and prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
. Speaker
Speaker of the British House of Commons
The Speaker of the House of Commons is the presiding officer of the House of Commons, the United Kingdom's lower chamber of Parliament. The current Speaker is John Bercow, who was elected on 22 June 2009, following the resignation of Michael Martin...
Arthur Peel
Arthur Wellesley Peel, 1st Viscount Peel
Arthur Wellesley Peel, 1st Viscount Peel PC , was a British Liberal politician who sat in the House of Commons from 1865 to 1895...
responded that under procedural rules any amendment was permitted as long as Parliament permitted it.
The former Attorney-General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
, Sir Henry James
Henry James, 1st Baron James of Hereford
Henry James, 1st Baron James of Hereford GCVO, PC, QC , known as Sir Henry James between 1873 and 1895, was an Anglo-Welsh lawyer and statesman. Initially a Liberal, he served under William Ewart Gladstone as Solicitor General in 1873 and as Attorney-General between 1873 and 1874 and 1880 and 1885...
, while supporting the amendment, objected to the leniency of the sentence, and wanted to increase the penalty to two years' hard labour. Labouchere agreed, and the amendment was passed.
Text
Any male person who, in public or private, commits, or is a party to the commission of, or procures, or attempts to procure the commission by any male person of, any act of gross indecency shall be guilty of a misdemeanour, and being convicted shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years, with or without hard labour.
Prosecutions
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 sodomySodomy
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"...
or "buggery". The sentence was relatively light compared to the penalty for anal sodomy, which remained a separate crime.
Lawyers dubbed Section 11 of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , 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 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...
, the "blackmailer's charter,". It was famously invoked to convict Oscar Wilde
Oscar Wilde
Oscar Fingal O'Flahertie Wills Wilde was an Irish writer and poet. After writing in different forms throughout the 1880s, he became one of London's most popular playwrights in the early 1890s...
in 1895. Wilde was given the most severe sentence possible under the act, which the judge described as "totally inadequate for a case such as this". The law was repealed in part by the Sexual Offences Act 1967
Sexual Offences Act 1967
The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom . It decriminalised homosexual acts in private between two men, both of whom had to have attained the age of 21. The Act applied only to England and Wales and did not cover the Merchant Navy or the Armed Forces...
when homosexual acts were decriminalized in 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...
, with remaining provisions being deleted later.