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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Legislation against sodomy was in place and enforced well before the Criminal Law Amendment Act was passed in Felony Misdemeanour Arrestable offence. Already a subscriber or registered access user? Stead had written to Labouchere from jail, telling of the rise in male prostitution in London and other large cities.
However, fellatiomasturbationand other acts of non-penetration remained lawful. The charge against Queensberry was urged by Queensberry’s son Lord Alfred Douglaswho reluctantly fled to France at the time to avoid possible arrest. Also in this section Also in this section.
Instead, legislation criminalized, through the Buggery laws and Clause 11 in combination, a cascade of sexual acts perpetrated by any man, ranging from anal penetration of other males and bestiality and the anal penetration of women to mutual masturbation between males.
Inhowever, Parliament passed an act to protect women and young girls from being victimized and to suppress female brothels, and on to this was tacked at the last moment an amendment which made gross indecency between adult males a misdemeanour punishable by two years in prison hard labour.
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. From Wikipedia, the free lzbouchere.
It was used to keep government information closed mainly foreign and military secrets, but also any information chosen by the government. Furthermore, the prevalence of homosexual conduct is attested by the fact that sodomy amendmeht regarded from early times as an ecclesiastical offence, although it did not become a felony and thus subject to ordinary criminal jurisdiction until the reign of Henry VIII.
Laboucyere against homosexuality first became a function of the state with the Buggery Act in As a result of the vagueness of the term “gross indecency”, this law allowed juries, judges, and lawyers to prosecute kabouchere 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”.
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. He was editor of a weekly paper, Truth, a nineteenth-century version of Private Eye, like which he was much involved in suits for libel.
An 1885 disgrace
Henry Labourchere, the Liberal-Radical M. The legislature perpetuated, throughout the second half of the nineteenth century, an archaic, highly inefficient and ambivalent legal framework for prosecuting sex between males.
In Apriltransvestites Boulton and Park were arrested for wearing drag outside the Strand Theatre. The increase of these monsters in the shape of men, commonly designated margeries, poofs etc.
Eder, Lesley Hall and Gert Hekma. Home Lahouchere dossiers of sentencing policies for bestiality and sodomy between men were some of the first to be closed using the Official Secrets Acts inalong with foreign and military secrets. The Trials of Oscar Wilde. The Oxford Dictionary of National Biography says: The Buggery Act of remained the basis for legislation until Harper Collins Publishers Inc. The Buggery Actduring the time of Henry VIIIcodified laboucher into secular law as “the detestable and abominable vice of buggery “.
Hall, Sexual cultures in Britain: 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.
It also strengthened existing legislation against prostitution and recriminalised male homosexuality. It was under his amendment that ten years later Wilde was to be convicted.
However, since there was no actual witness of any such act nor evidence of semen on their posterior regions, the charges were dropped. In the first of these, a temporary measure passed inbuggery with man or beast became a capital offense. Until sodomy was punishable by death; in that year the penalty was reduced labouchee penal servitude of between ten years and life; but less homosexual practices were not then illegal.
Nay, it is not long since, in the neighborhood of Charing Cross, they posted bills in the windows of laboychere public houses, cautioning the public to “Beware of Sods! Empire and Sexuality The British Experience. Most famously, Oscar Wilde was convicted under section 11 and sentenced to two years’ hard labourand Alan Turing was convicted under it and sentenced to oestrogen injections chemical castration as an alternative to prison.
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Labouchere Amendment – Wikipedia
Even the addition of Clause 11, without debate, to the Criminal Law Amendment Act in did not, as historians claim, create a legal amendmfnt of a homosexual type that then, in turn, constructed notions of this type to amongst the public. 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 and scandal in high places.
In practice, the law was used broadly to prosecute male homosexuals where actual sodomy meaning, in this context, anal intercourse could not be proven.
Furthermore, the section included a vague clause which allowed for the prosecution of anyone who played “party to the commission of” gross indecency. Private homosexual activity, though stigmatised and demonised, was somewhat safer during this time; the prosecution had to prove penetration had actually occurred.
Labouchere Amendment – Pride Matters
It also formalized the maximum and minimum sentences for indecent assault by introducing a prison term of between two and ten years as the standard sentence. The Real Trial of Oscar Wilde. The Secret Life of Oscar Wilde. 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.