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Sexual Offences Act 1967

Sexual Offences Act, 1967
Long title An Act to amend the law of England and Wales relating to homosexual acts.
Citation 1967 c. 60
Introduced by Leo Abse and Lord Arran
Territorial extent England & Wales
Dates
Royal assent 27 July 1967
Other legislation
Amended by Sexual Offences Act 2003
Relates to Sexual Offences (Amendment) Act 2000
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom (citation 1967 c. 60). 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. Homosexual acts were decriminalised in Scotland by the Criminal Justice (Scotland) Act 1980 and in Northern Ireland by the Homosexual Offences (Northern Ireland) Order 1982.

In the 1960s, a Jewish socialist MP, Leo Abse, and a peer, Lord Arran, put forward proposals to change the way in which criminal law treated homosexual men by means of the Sexual Offences Bill. This attempt to liberalise the law relating to male homosexuality can be placed in a context of the rising number of prosecutions of homosexual men.

In his 1965 Sexual Offences Bill, Lord Arran drew heavily upon the findings of the Wolfenden Report (1957) which recommended the decriminalisation of certain homosexual offences.

The Wolfenden committee had been set up to investigate homosexuality and prostitution in 1954, and included on its panel a judge, a psychiatrist, an academic and various theologians. They came to the conclusion (with one dissenter) that criminal law could not credibly intervene in the private sexual affairs of consenting adults in the privacy of their homes. The position was summarised by the committee as follows: “unless a deliberate attempt be made by society through the agency of the law to equate the sphere of crime with that of sin, there must remain a realm of private that is in brief, not the law's business” (Wolfenden Report, 1957).

There was no political impetus after the publication of the Wolfenden report to legislate on this matter, but by 1967 the Labour Government of the time showed support for Lord Arran's mode of liberal thought. It was considered that criminal law should not penalise homosexual men, already the object of ridicule and derision. The comments of Roy Jenkins, Home Secretary at the time, captured the government's attitude: "those who suffer from this disability carry a great weight of shame all their lives" (quoted during parliamentary debate by The Times on 4 July 1967).


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