Criminal Law Amendment Act 1885
Encyclopedia
The Criminal Law Amendment Act 1885 (48 & 49 Vict. c.69), 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 raised the age of consent
and delineated the penalties for sexual offences against women and minors. It also strengthened existing legislation against prostitution
and recriminalised male homosexuality
. This act was also notable for the circumstances of its passage in Parliament
.
, the age of consent was 12 (reflecting the common law
), it was a felony
to have unlawful carnal knowledge
of a girl under the age of 10, and it was a misdemeanour to have unlawful carnal knowledge of a girl between the ages of 10 and 12. In addition, the 1861 Act had made the penalty for indecent assault or attempted rape
of a girl below the consensual age two years imprisonment. Although the age of consent was subsequently raised to 13 upon amendments made to the 1861 act in 1875, these pieces of legislation were enacted to mainly protect the very young and the very wealthy. The reason for the latter was that the lawmakers at that time were concerned about the welfare of heiresses, meaning their daughters and by extension, that of their friends and patrons; this is why they imposed the most severe penalties on those who would seduce or abduct women without their parents' consent even though the perpetrator intended to marry his quarry. Girls over the age of 13 and the poor had little protection under this law.
This double standard
extended to prostitution. While it was tolerated in the middle-class, concern about the spread of venereal disease, specifically syphilis
persuaded Parliament to pass a series Contagious Diseases Acts
in an effort to contain the disease. The law permitted the police to arrest suspected prostitutes to be submitted for examination for venereal disease. Its unintended consequence
was that any woman who happened to look like a prostitute would be subject to this law. Men, however, were not subjected even though they were equally responsible for spreading the disease. These acts were later repealed due to public pressure over the double-standard nature of these laws.
Public opinion
at the time was thus in favour of stricter legislation and harsher penalties for sexual offenders, and better treatment for women and children. Social Purity groups like the Society for the Suppression of Vice and feminists
led by Josephine Butler
focused on the evils of child prostitution
as the chief factor in the sexual exploitation
of the young. In addition, during the 1860s and 1870s child advocacy
groups were concerned with child abuse
and other forms of maltreatment. Furthermore, groups like the Society for the Prevention of Cruelty to Children (SPCC
) were concerned about the limitation of the testimony of young children. They investigated, reported and brought to court accusations of child abuse and neglect. It was in this socio-political climate that legislation to change this was introduced in 1881.
to enact legislation for the protection of young girls from transportation to the Continent for "immoral purposes". In response, the House of Lords
formed a Select Committee to investigate and confirmed an increase in child prostitution and white slavery. The Committee's report made nine recommendations which became the basis for the Criminal Law Amendment Bill, including raising the age of consent to sixteen years as well as increased penalties for sexual offenses.
The Bill passed easily in the House of Lords in 1883, but was dropped in the House of Commons
. It was reintroduced in 1884 but was again dropped during the struggle over Parliamentary reform. In April 1885, the Earl of Dalhousie tempted fate by reintroducing the Bill a third time. While the Bill passed smoothly through the Lords in May — albeit with some revisions, most notably lowering the age of consent to fifteen — it again faced an uphill battle in the Commons, who were preparing to disband for the Whit Week bank holiday on 22 May 1884 and thus rather indifferent to the Bill. In addition, many Members of Parliament were opposed to the measure, citing the curtailment of civil liberties
through its increase of police powers.
Despite the effort of the Home Secretary
, Sir William Harcourt, to move for a second reading of the Bill, no vote was taken on the measure by the time Parliament was adjourned on 22 May 1884. Supporters of Bill by that time feared that the Bill would again be put aside and decided to take drastic action.
These fears apparently became real when Gladstone's
government resigned over the budget. A minority caretaker government was formed under Lord Salisbury
pending the holding of the general election later that year
. As a result, it was deemed that no time-consuming or controversial measure be undertaken until then.
, the editor of the Pall Mall Gazette
was approached by Benjamin Scott, who called his attention to its being set aside again. Stead, one of those who had been opposed to the Contagious Diseases Acts since the 1870s, was convinced to agitate popular support for protective legislation. His subsequent investigations were published in the Gazette from 6–10 July 1885 under the title "The Maiden Tribute of Modern Babylon". Not only did he base his investigations on interviews with the police, as well as those who were involved in the flesh trade, he went beyond it by setting an example: he "purchased" a girl and wrote about it.
With the assistance of Bramwell Booth
of the Salvation Army
, Stead bought 13-year old Eliza Armstrong from her parents, who lived in the Lisson Grove
area of west London
, and went through the procedure of preparing her for export. She was examined to prove that she was still a virgin, then she was brought to a brothel
and lightly drugged to wait for Stead, her purchaser. He entered Eliza's room and, having regarded this as confirmation that he had his way, withdrew to write his story. Eliza was turned over to the care of the Salvation Army.
The revelations caused an uproar. Copies of the Pall Mall Gazette were snapped up, often fetching premium prices. While many denounced Stead's exposé, it did what it was intended to do: it prompted Parliament to resume the debate over the Criminal Law Amendment Bill on 9 July 1885.
In addition to the recommendations made by the SPCC, on 31 July 1885 Liverpool representative Samuel Smith
presented to the Commons a clause to abolish the oath for child victims for sexual assault. However, longtime opponents of the bill fought against it and, despite the best efforts of its supporters, the SPCC's proposal was narrowly defeated 123-120.
Outraged by this defeat, Stead condemned it in the Gazette, listing the names of each member who voted against the clause. Congregationalist
minister Benjamin Waugh
, the leader of the SPCC, focusing on the fact that the proposal was defeated by only three votes, redoubled his efforts to lobby support. Along the way he managed to bring Henry James
, the former Attorney-General, to his side and re-introduce Smith's amendment, which he did on 9 August. The Home Secretary, R.A. Cross
, dropped his earlier opposition to the measure after consulting with a colleague as to the provisions of Scottish law on the subject. This was influential when the measure was once again put to a vote, and the SPCC's "oath clause" was included in the final version of the bill.
late in the evening of 6 August 1885. Labouchere wanted to expand its reach. The clause provided for a term of imprisonment not exceeding one year, with or without hard labour, for any man found guilty of "gross indecency" with another male, whether "public or private". No definition was given of what, exactly, constituted "gross indecency," as Victorian morality
demurred from giving precise descriptions of activity considered immoral. In practice, "gross indecency" was widely interpreted as any male homosexual behaviour short of actual sodomy
, which remained a more serious and separate crime.
and the whole of the Offences against the Person Act 1875
. Its provisions were as follows:
It also had sections outlining the penalties for abduction and procuring for the purpose of prostitution for girls under the age of eighteen, as well as relaxing the rules on witness testimony: while children under the age of 12 were allowed to testify as proposed by the SPCC, it also gave the right of the accused to testify on his own behalf.
The effect of the law became noticeable almost immediately. While few cases of sexual offences were reported before the passage of the law, the number of reported cases skyrocketed in the months afterwards, especially child molestation cases. It may be that the actual number of cases remained the same, but the fact that more cases were reported and brought to the courts was at the very least a reflection of how the law changed perceptions of how women and children should be treated. While the inclusion of Section 11 criminalised male homosexuality, nevertheless it was connected with notions of male lust which many felt was the root cause for vice. It would take more than 80 years before decriminalisation would take effect.
; and for Scotland by section 21(2) of, and Schedule 2 to, the Sexual Offences (Scotland) Act 1976.
Sections 3(3), 7 and 8 of this Act were repealed for the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
.
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...
beginning with the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
that raised the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
and delineated the penalties for sexual offences against women and minors. It also strengthened existing legislation against 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...
and recriminalised male homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
. This act was also notable for the circumstances of its passage in Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
.
Background
Under the Offences against the Person Act 1861Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
, the age of consent was 12 (reflecting the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
), it was a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
to have unlawful carnal knowledge
Carnal knowledge
Carnal knowledge is an archaic or legal euphemism for sexual intercourse. The term derives from the Biblical usage of the verb know/knew, as in the King James and other versions, a euphemism for sexual conduct...
of a girl under the age of 10, and it was a misdemeanour to have unlawful carnal knowledge of a girl between the ages of 10 and 12. In addition, the 1861 Act had made the penalty for indecent assault or attempted rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
of a girl below the consensual age two years imprisonment. Although the age of consent was subsequently raised to 13 upon amendments made to the 1861 act in 1875, these pieces of legislation were enacted to mainly protect the very young and the very wealthy. The reason for the latter was that the lawmakers at that time were concerned about the welfare of heiresses, meaning their daughters and by extension, that of their friends and patrons; this is why they imposed the most severe penalties on those who would seduce or abduct women without their parents' consent even though the perpetrator intended to marry his quarry. Girls over the age of 13 and the poor had little protection under this law.
This double standard
Double standard
A double standard is the unjust application of different sets of principles for similar situations. The concept implies that a single set of principles encompassing all situations is the desirable ideal. The term has been used in print since at least 1895...
extended to prostitution. While it was tolerated in the middle-class, concern about the spread of venereal disease, specifically syphilis
Syphilis
Syphilis is a sexually transmitted infection caused by the spirochete bacterium Treponema pallidum subspecies pallidum. The primary route of transmission is through sexual contact; however, it may also be transmitted from mother to fetus during pregnancy or at birth, resulting in congenital syphilis...
persuaded Parliament to pass a series Contagious Diseases Acts
Contagious Diseases Acts
The Contagious Diseases Acts were originally passed by the Parliament of the United Kingdom in 1864, with further alterations and editions made to it in 1866 and 1869. In 1862, a committee was established to inquire into venereal disease in the armed forces; on its recommendation the first...
in an effort to contain the disease. The law permitted the police to arrest suspected prostitutes to be submitted for examination for venereal disease. Its unintended consequence
Unintended consequence
In the social sciences, unintended consequences are outcomes that are not the outcomes intended by a purposeful action. The concept has long existed but was named and popularised in the 20th century by American sociologist Robert K. Merton...
was that any woman who happened to look like a prostitute would be subject to this law. Men, however, were not subjected even though they were equally responsible for spreading the disease. These acts were later repealed due to public pressure over the double-standard nature of these laws.
Public opinion
Public opinion
Public opinion is the aggregate of individual attitudes or beliefs held by the adult population. Public opinion can also be defined as the complex collection of opinions of many different people and the sum of all their views....
at the time was thus in favour of stricter legislation and harsher penalties for sexual offenders, and better treatment for women and children. Social Purity groups like the Society for the Suppression of Vice and feminists
Feminism
Feminism is a collection of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for women. Its concepts overlap with those of women's rights...
led by Josephine Butler
Josephine Butler
Josephine Elizabeth Butler was a Victorian era British feminist who was especially concerned with the welfare of prostitutes...
focused on the evils of child prostitution
Prostitution of children
Prostitution of children or child prostitution is the commercial sexual exploitation of children in which a child performs the services of prostitution, for financial benefit. The term normally refers to prostitution by a minor, or person under the local age of majority...
as the chief factor in the sexual exploitation
Exploitation
This article discusses the term exploitation in the meaning of using something in an unjust or cruel manner.- As unjust benefit :In political economy, economics, and sociology, exploitation involves a persistent social relationship in which certain persons are being mistreated or unfairly used for...
of the young. In addition, during the 1860s and 1870s child advocacy
Child advocacy
Child advocacy refers to a range of individuals, professionals and advocacy organizations who promote the optimal development of children. An individual or organization engaging in advocacy typically seeks to protect children's rights which may be abridged or abused in a number of areas.- Rights...
groups were concerned with child abuse
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
and other forms of maltreatment. Furthermore, groups like the Society for the Prevention of Cruelty to Children (SPCC
NSPCC
The National Society for the Prevention of Cruelty to Children is a United Kingdom charity campaigning and working in child protection.-History:...
) were concerned about the limitation of the testimony of young children. They investigated, reported and brought to court accusations of child abuse and neglect. It was in this socio-political climate that legislation to change this was introduced in 1881.
The Bill languishes
The Bill for the amendment of the law took four years to bring to completion. It began when Benjamin Scott, the anti-vice campaigner and Chamberlain of the City of London, approached Lord GranvilleGranville Leveson-Gower, 2nd Earl Granville
Granville George Leveson Gower, 2nd Earl Granville KG, PC FRS , styled Lord Leveson until 1846, was a British Liberal statesman...
to enact legislation for the protection of young girls from transportation to the Continent for "immoral purposes". In response, the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
formed a Select Committee to investigate and confirmed an increase in child prostitution and white slavery. The Committee's report made nine recommendations which became the basis for the Criminal Law Amendment Bill, including raising the age of consent to sixteen years as well as increased penalties for sexual offenses.
The Bill passed easily in the House of Lords in 1883, but was dropped in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
. It was reintroduced in 1884 but was again dropped during the struggle over Parliamentary reform. In April 1885, the Earl of Dalhousie tempted fate by reintroducing the Bill a third time. While the Bill passed smoothly through the Lords in May — albeit with some revisions, most notably lowering the age of consent to fifteen — it again faced an uphill battle in the Commons, who were preparing to disband for the Whit Week bank holiday on 22 May 1884 and thus rather indifferent to the Bill. In addition, many Members of Parliament were opposed to the measure, citing the curtailment of civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
through its increase of police powers.
Despite the effort of the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, Sir William Harcourt, to move for a second reading of the Bill, no vote was taken on the measure by the time Parliament was adjourned on 22 May 1884. Supporters of Bill by that time feared that the Bill would again be put aside and decided to take drastic action.
These fears apparently became real when Gladstone's
William Ewart Gladstone
William Ewart Gladstone FRS FSS was a British Liberal statesman. In a career lasting over sixty years, he served as Prime Minister four separate times , more than any other person. Gladstone was also Britain's oldest Prime Minister, 84 years old when he resigned for the last time...
government resigned over the budget. A minority caretaker government was formed under Lord Salisbury
Robert Gascoyne-Cecil, 3rd Marquess of Salisbury
Robert Arthur Talbot Gascoyne-Cecil, 3rd Marquess of Salisbury, KG, GCVO, PC , styled Lord Robert Cecil before 1865 and Viscount Cranborne from June 1865 until April 1868, was a British Conservative statesman and thrice Prime Minister, serving for a total of over 13 years...
pending the holding of the general election later that year
United Kingdom general election, 1885
-Seats summary:-See also:*List of MPs elected in the United Kingdom general election, 1885*Parliamentary Franchise in the United Kingdom 1885–1918*Representation of the People Act 1884*Redistribution of Seats Act 1885-References:...
. As a result, it was deemed that no time-consuming or controversial measure be undertaken until then.
Armstrong Case
Even before the government crisis in June 1885, on 23 May, W.T. SteadWilliam Thomas Stead
William Thomas Stead was an English journalist and editor who, as one of the early pioneers of investigative journalism, became one of the most controversial figures of the Victorian era. His 'New Journalism' paved the way for today's tabloid press...
, the editor of the Pall Mall Gazette
Pall Mall Gazette
The Pall Mall Gazette was an evening newspaper founded in London on 7 February 1865 by George Murray Smith; its first editor was Frederick Greenwood...
was approached by Benjamin Scott, who called his attention to its being set aside again. Stead, one of those who had been opposed to the Contagious Diseases Acts since the 1870s, was convinced to agitate popular support for protective legislation. His subsequent investigations were published in the Gazette from 6–10 July 1885 under the title "The Maiden Tribute of Modern Babylon". Not only did he base his investigations on interviews with the police, as well as those who were involved in the flesh trade, he went beyond it by setting an example: he "purchased" a girl and wrote about it.
With the assistance of Bramwell Booth
Bramwell Booth
Bramwell Booth, CH was the first Chief of Staff and the second General of The Salvation Army , succeeding his father, William Booth.-Biography:...
of the Salvation Army
Salvation Army
The Salvation Army is a Protestant Christian church known for its thrift stores and charity work. It is an international movement that currently works in over a hundred countries....
, Stead bought 13-year old Eliza Armstrong from her parents, who lived in the Lisson Grove
Lisson Grove
Lisson Grove is a district and also a street of the City of Westminster, London, England located just to the north of the city ring road. There are many landmarks surrounding the area. To the north is Lord's Cricket Ground in St John's Wood. To the west are Paddington and Watling Street...
area of west London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, and went through the procedure of preparing her for export. She was examined to prove that she was still a virgin, then she was brought to a brothel
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...
and lightly drugged to wait for Stead, her purchaser. He entered Eliza's room and, having regarded this as confirmation that he had his way, withdrew to write his story. Eliza was turned over to the care of the Salvation Army.
The revelations caused an uproar. Copies of the Pall Mall Gazette were snapped up, often fetching premium prices. While many denounced Stead's exposé, it did what it was intended to do: it prompted Parliament to resume the debate over the Criminal Law Amendment Bill on 9 July 1885.
The debate resumes
The SPCC, which celebrated its first anniversary on 13 July 1885, took advantage of the resumption of the debate to make its own recommendations to the Bill, including the raising of the age of consent to 18 years and more severe measures to protect children from exploitation. These proposals were introduced through their representatives in Parliament. However, many members of Parliament, already infuriated by Stead's tactics, sought to obstruct any alterations to the laws.In addition to the recommendations made by the SPCC, on 31 July 1885 Liverpool representative Samuel Smith
Samuel Smith (1836-1906)
Samuel Smith was a British politician. He served as a Liberal Member of Parliament from 1882 to 1885 and from 1886 to 1906....
presented to the Commons a clause to abolish the oath for child victims for sexual assault. However, longtime opponents of the bill fought against it and, despite the best efforts of its supporters, the SPCC's proposal was narrowly defeated 123-120.
Outraged by this defeat, Stead condemned it in the Gazette, listing the names of each member who voted against the clause. Congregationalist
Congregational church
Congregational churches are Protestant Christian churches practicing Congregationalist church governance, in which each congregation independently and autonomously runs its own affairs....
minister Benjamin Waugh
Benjamin Waugh
The Reverend Benjamin Waugh was a Victorian social reformer and campaigner who founded the UK charity, the National Society for the Prevention of Cruelty to Children in the late 19th century, and also wrote various hymns.Waugh was born, the son of a clergyman, in Settle, North Yorkshire and...
, the leader of the SPCC, focusing on the fact that the proposal was defeated by only three votes, redoubled his efforts to lobby support. Along the way he managed to bring 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...
, the former Attorney-General, to his side and re-introduce Smith's amendment, which he did on 9 August. The Home Secretary, R.A. Cross
R. A. Cross, 1st Viscount Cross
Richard Assheton Cross, 1st Viscount Cross, GCB, GCSI, PC, FRS , known before his elevation to the peerage as R. A. Cross, was a British statesman and Conservative politician...
, dropped his earlier opposition to the measure after consulting with a colleague as to the provisions of Scottish law on the subject. This was influential when the measure was once again put to a vote, and the SPCC's "oath clause" was included in the final version of the bill.
Section 11
Even before the SPCC's "oath clause" was passed, another clause was introduced by MP 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....
late in the evening of 6 August 1885. Labouchere wanted to expand its reach. The clause provided for a term of imprisonment not exceeding one year, with or without hard labour, for any man found guilty of "gross indecency" with another male, whether "public or private". No definition was given of what, exactly, constituted "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 giving precise descriptions of activity considered immoral. In practice, "gross indecency" was widely interpreted as any male homosexual behaviour short of 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"...
, which remained a more serious and separate crime.
Passage and effects
The Criminal Law Amendment Act was finally passed on 14 August 1885 and in its final form effectively repealed Sections 49 and 52 of the Offences against the Person Act 1861Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
and the whole of the Offences against the Person Act 1875
Offences against the Person Act 1875
The Offences against the Person Act 1875 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland...
. Its provisions were as follows:
- It raised the age of consent from 13 to 16 years of age;
- It made it a criminal offence to procure girls for prostitution by administering drugs, intimidation or fraud;
- It punished householders who would permit under-age sex on their premises;
- It made it a criminal offence to abduct a girl under 18 for purposes of carnal knowledge;
- It gave magistrates the power to issue search warrants to find missing females;
- It gave power to the court to remove a girl from her legal guardians if they condoned her seduction;
- It provided for summary proceedings to be taken against brothels; and
- It raised the age of felonious assaults to 13 and misdemeanor assault between 13 and 16 as well as imbecile women and girls.
- Extended buggeryBuggeryThe British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.-In law:...
laws to include any kind of sexual activity between males.
It also had sections outlining the penalties for abduction and procuring for the purpose of prostitution for girls under the age of eighteen, as well as relaxing the rules on witness testimony: while children under the age of 12 were allowed to testify as proposed by the SPCC, it also gave the right of the accused to testify on his own behalf.
The effect of the law became noticeable almost immediately. While few cases of sexual offences were reported before the passage of the law, the number of reported cases skyrocketed in the months afterwards, especially child molestation cases. It may be that the actual number of cases remained the same, but the fact that more cases were reported and brought to the courts was at the very least a reflection of how the law changed perceptions of how women and children should be treated. While the inclusion of Section 11 criminalised male homosexuality, nevertheless it was connected with notions of male lust which many felt was the root cause for vice. It would take more than 80 years before decriminalisation would take effect.
Repeals
The Act was repealed for England and Wales by section 51 of, and the fourth schedule to, the Sexual Offences Act 1956Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...
; and for Scotland by section 21(2) of, and Schedule 2 to, the Sexual Offences (Scotland) Act 1976.
Sections 3(3), 7 and 8 of this Act were repealed for the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...
.
External links
- The W.T. Stead Resource Site
- The Criminal Law Amendment Act 1885 and Sexual Assault on Minors
- Criminal Law Amendment Act 1885 - a text of the law itself, including Section 11