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Labouchere Amendment


Section 11 of the Criminal Law Amendment Act 1885, commonly known as the Labouchere Amendment, made "gross indecency" a crime in the United Kingdom. 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. It was also meant to raise the age of consent for heterosexual intercourse. It was repealed by the Sexual Offences Act 1967, which partially decriminalized homosexual behaviour.

Most famously, Oscar Wilde was convicted under section 11 and sentenced to two years' hard labour, and Alan Turing was convicted under it and sentenced to oestrogen injections (chemical castration) as an alternative to prison.

The Buggery Act 1533, during the time of Henry VIII, codified sodomy into secular law as "the detestable and abominable vice of buggery".

The Offences against the Person Act 1861 specifically lowered the capital punishment for sodomy to life imprisonment which maintained until 1885. However, fellatio, masturbation, and other acts of non-penetration remained lawful. Private homosexual activity, though stigmatized and demonised, was somewhat safer during this time; the prosecution had to prove penetration had actually occurred.

In April 1870, transvestites Boulton and Park were arrested for wearing drag outside the Strand Theatre. They were charged with conspiracy to commit sodomy with Lord Arthur Pelham-Clinton, who died (probably of suicide) later that year and who was the third son of the Henry Pelham-Clinton, 5th Duke of Newcastle. However, since there was no actual witness of any such act nor evidence of semen on their posterior regions, the charges were dropped.


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