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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Concerned, Labouchere presented his amendment towards the end of the Criminal Law Amendment Bill as it passed from bill to 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. We have noticed that there is an issue with your subscription billing details.

Another amendmentt 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 Karl Heinrich Ulrichsa German lawyer, in the s produced literature in favour of love between men. Internet History Sourcebooks Project.

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laboouchere Wilde was given the most severe sentence possible under the Act, which the judge described as “totally inadequate for a case such as this”.

From Wikipedia, the free encyclopedia. Retrieved from ” https: The first of these changed the requirements of evidence in sodomy trials from penetration and emission in the body to penetration only. Section 11 of the Criminal Law Amendment Actcommonly known as the Labouchere Amendmentmade ” gross indecency ” a crime in the United Kingdom.

July 291: Labouchere agreed, and the amendment was passed.

Clause 11 of the Criminal Law Amendment Act was not, as historians often claim, a revolution in jurisprudence. The Homosexual Revial of Renaissance Style. This law led to many convictions against male homosexuals and alleged homosexuals. British legislation, on close examination, was archaic and highly ambivalent in respect to any kind of homosexual category. Already a subscriber or registered access user? He argued for the Grecian pederastyand claimed that the modern era could rethink its values.


Please update your billing details here. Wilde was prosecuted to conviction under the Criminal Law Amendment Act,Section 11, which made homosexual acts between consenting males a criminal offence whether committed in public or in private, the section in question having been proposed by Henry Labouchere, editor of Truth, and agreed to in a thinly attended House in the small hours of an August morning on the eve of the parliamentary summer recess.

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. This clause, poet Symonds noticed, served essentially as a conspiracy charge, allowing for a broader pool of convictions. He originally wanted a seven-year minimum sentence of hard labour, but the Home Secretary and Attorney General persuaded him to a reduction of the sentence to any term not exceeding one year with or without hard labour.

Law of England and Wales portal Criminal justice portal. The Act had removed the capital indictment for sodomy, but retained the archaic Buggery Act of as the basis for legislation. Speaker Arthur Peel responded that under procedural rules any amendment was permitted as long as Parliament permitted it.

The new law was much more enforceable. Private homosexual activity, though stigmatised and demonised, was somewhat safer during this time; the prosecution had to prove penetration had actually occurred. Stead against juvenile prostitution and white slavery. In addition, the Act stimulated the minimum sentence, which must be no less than ten years penal servitude.

Furthermore, the section included a vague clause which allowed for the prosecution of anyone who played “party to the commission of” gross indecency. Under Elizabeth I it was placed on the statue books again in where it stayed until when it was decided to replace the death penalty for convicted offenders with imprisonment for at least ten years, and possibly for life.


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

Labouchere Amendment – Wikipedia

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. However, fellatiomasturbationand other acts of non-penetration remained lawful. But the legislation that criminalized sex between men in the period in question never, in essence, distinguished between bestiality, heterosexual sodomy or homosexual sex.

This elicited a storm of moral criticism from the public.

Labouchere Amendment

Buggery remained a capital offence in England labouxhere Wales until the enactment of the Offences against the Person Act ; the last execution for the crime took place in However, inBritish legislation did not amensment a specific legal category of a legal class or type of men who would have sex with other men.

As a result of amehdment vagueness of the term “gross indecency,” this law allowed juries, judges and lawyers to prosecute virtually any male homosexual behaviour. When sex between two men in private was decriminalised for men over 21, the Sexual Offenses Act of did not labluchere between anal sex and other forms of sexual contact between men.

The Buggery Act remained the basis of legislation for prosecuting acts of anal sex between men until Latest comments Forum posts: 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.