Wolfenden report
Encyclopedia
The Report of the Departmental Committee on Homosexual Offences and Prostitution (better known as the Wolfenden report, after Lord Wolfenden, the chairman of the committee) was published in Britain on 4 September 1957 after a succession of well-known men, including Lord Montagu, Michael Pitt-Rivers
and Peter Wildeblood
, were convicted of homosexual offences.
and Shrewsbury
and in 1950 became Vice Chancellor of the University of Reading
. He later became Director of the British Museum
.
In addition to the chairman, the committee members were the following:
The committee first met on 15 September 1954 and met on 62 days, 32 of which were used for interviewing witnesses. Wolfenden suggested at an early stage that for the sake of the ladies in the room, that they use the terms Huntley & Palmers
after the biscuit manufacturers - Huntleys for homosexuals, and Palmers for prostitutes. Evidence was heard from police and probation officers, psychiatrists, religious leaders, and gay
men whose lives had been affected by the law.
was 21 (the age of majority
in the UK then).
The report also discussed the rise in street prostitution at the time, which it associated with "community instability" and "weakening of the family". As a result there was a police crackdown on street prostitution following the report.
"The enforcement of Morals", by Patrick Devlin, holds a different account of the report's outcome. It is stated that "Adultery, fornication, and prostitution are not, as the Report points out, criminal offences: homosexuality between males is a criminal offence, but between females it is not."
The recommendations eventually led to the passage of the Sexual Offences Act 1967
, applying to England and Wales only, that replaced the previous law on sodomy contained in the Offences against the Person Act 1861
and the 1885 Labouchere Amendment
which outlawed every homosexual act short of sodomy. The law was only passed a decade after the report was published in 1957.
John Wolfenden came 45th in a list of the top 500 lesbian and gay heroes, Pink Paper
, 26 September 1997, issue 500, p19. It later became known that his son Jeremy Wolfenden
was gay.
Michael Pitt-Rivers
Major Michael Augustus Lane-Fox Pitt-Rivers was a West Country landowner who gained notoriety in Britain in the 1950s when he was put on trial charged with buggery...
and Peter Wildeblood
Peter Wildeblood
Peter Wildeblood was a British-Canadian journalist, novelist, playwright, and gay rights campaigner. He was one of the first men in the UK to publicly declare his homosexuality.-Career:...
, were convicted of homosexual offences.
The committee
The committee of 15 (three women and 12 men) was led by John Wolfenden (1906–1985) who had previously been headmaster of UppinghamUppingham School
Uppingham School is a co-educational independent school of the English public school tradition, situated in the small town of Uppingham in Rutland, England...
and Shrewsbury
Shrewsbury School
Shrewsbury School is a co-educational independent school for pupils aged 13 to 18, founded by Royal Charter in 1552. The present campus to which the school moved in 1882 is located on the banks of the River Severn in Shrewsbury, Shropshire, England...
and in 1950 became Vice Chancellor of the University of Reading
University of Reading
The University of Reading is a university in the English town of Reading, Berkshire. The University was established in 1892 as University College, Reading and received its Royal Charter in 1926. It is based on several campuses in, and around, the town of Reading.The University has a long tradition...
. He later became Director of the British Museum
British Museum
The British Museum is a museum of human history and culture in London. Its collections, which number more than seven million objects, are amongst the largest and most comprehensive in the world and originate from all continents, illustrating and documenting the story of human culture from its...
.
In addition to the chairman, the committee members were the following:
- James Adair OBE, former Procurator-FiscalProcurator FiscalA procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
for GlasgowGlasgowGlasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands... - Mrs Mary G. Cohen, vice-president of the City of GlasgowGlasgowGlasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
Girl GuidesGirlguiding UKGirlguiding UK is the national Guiding organisation of the United Kingdom. Guiding began in the UK in 1910 after Robert Baden-Powell asked his sister Agnes to start a group especially for girls that would be run along similar lines to Scouting for Boys. The Guide Association was a founder member of...
, Chairwoman of the Scottish Association of Girls' Clubs - Dr Desmond Curran MB FCP DPM, senior PsychiatristPsychiatristA psychiatrist is a physician who specializes in the diagnosis and treatment of mental disorders. All psychiatrists are trained in diagnostic evaluation and in psychotherapy...
at St George's HospitalSt George's HospitalFounded in 1733, St George’s Hospital is one of the UK's largest teaching hospitals. It shares its main hospital site in Tooting, England with the St George's, University of London which trains NHS staff and carries out advanced medical research....
, London and psychiatric consultant to the Royal NavyRoyal NavyThe Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service... - Rev Canon V.A. DemantVigo Auguste DemantVigo Auguste Demant, Anglican clergyman, theologian and social commentator, was one of the 14 committee members who served on the Wolfenden report on Homosexual Offences and Prostitution. He was born on 8 November 1893 and died on 3 March 1983 at the age of 89...
, Canon of Christ Church, OxfordChrist Church, OxfordChrist Church or house of Christ, and thus sometimes known as The House), is one of the largest constituent colleges of the University of Oxford in England...
and Regius Professor of Moral and Pastoral TheologyRegius Professor of Moral and Pastoral TheologyThe Regius Professorship of Moral and Pastoral Theology was founded at the University of Oxford in 1842; the initial title was Regius Professor of Pastoral Theology.*1842-1873 Charles Atmore Ogilvie*1873-1885 Edward King*1885-1892 Francis Paget...
at the University of OxfordUniversity of OxfordThe University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
(an Anglo-CatholicAnglo-CatholicismThe terms Anglo-Catholic and Anglo-Catholicism describe people, beliefs and practices within Anglicanism that affirm the Catholic, rather than Protestant, heritage and identity of the Anglican churches....
) - Mr Justice DiplockKenneth Diplock, Baron DiplockWilliam John Kenneth Diplock, Baron Diplock, KC was an English judge and Law Lord.-Early life:Born the son of a Croydon solicitor, he attended Whitgift School and University College, Oxford, where he read chemistry and was later to become an Honorary Fellow.-Career:Diplock was called to the bar by...
QC, RecorderRecorder (judge)A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of OxfordOxfordThe city of Oxford is the county town of Oxfordshire, England. The city, made prominent by its medieval university, has a population of just under 165,000, with 153,900 living within the district boundary. It lies about 50 miles north-west of London. The rivers Cherwell and Thames run through...
and High CourtHigh Court of JusticeThe High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judgeJudgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open... - Sir Hugh LinsteadHugh LinsteadSir Hugh Nicholas Linstead OBE was a British pharmaceutical chemist and barrister who served as Conservative Party Member of Parliament for Putney for 22 years. Linstead had significant business interests in the pharmaceutical industry...
, ConservativeConservative Party (UK)The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
MPMember of ParliamentA Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for PutneyPutney (UK Parliament constituency)-Elections 1950–1979:-Elections 1918–1945:-Notes and references:...
, and pharmaceutical chemist - Most Hon. the Marquess of LothianPeter Kerr, 12th Marquess of LothianPeter Francis Walter Kerr, 12th Marquess of Lothian, KCVO was a British peer, politician and landowner....
, a Foreign OfficeForeign and Commonwealth OfficeThe Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
minister - Mrs Kathleen Lovibond CBE, chairwoman of the Uxbridge juvenile Magistrates' CourtMagistrates' CourtA magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
and member of the ConservativeConservative Party (UK)The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
women's organisation - Victor MishconVictor Mishcon, Baron MishconVictor Mishcon, Baron Mishcon, QC, DL was a leading British solicitor and a Labour politician. His firm acted for Diana, Princess of Wales in her divorce...
, solicitor and LabourLabour Party (UK)The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
member of the London County CouncilLondon County CouncilLondon County Council was the principal local government body for the County of London, throughout its 1889–1965 existence, and the first London-wide general municipal authority to be directly elected. It covered the area today known as Inner London and was replaced by the Greater London Council... - Goronwy ReesGoronwy ReesGoronwy Rees was a Welsh journalist, academic and writer. He was educated at the University of Oxford.He was during the 1930s a Marxist intellectual, and in contact with the Cambridge Five spy ring through Guy Burgess. Right at the end of his life he admitted spying for the USSR for a short time,...
, Principal of the University College of Wales, AberystwythUniversity of Wales, AberystwythAberystwyth University is a university located in Aberystwyth, Wales. Aberystwyth was a founding Member Institution of the former federal University of Wales. As of late 2006, the university had over 12,000 students spread across seventeen academic departments.The university was founded in 1872 as... - Rev. R.F.V. Scott, PresbyterianPresbyterianismPresbyterianism refers to a number of Christian churches adhering to the Calvinist theological tradition within Protestantism, which are organized according to a characteristic Presbyterian polity. Presbyterian theology typically emphasizes the sovereignty of God, the authority of the Scriptures,...
Minister of St Columba's Church, LondonSt Columba's Church, LondonSt Columba's Church is one of the two London congregations of the Church of Scotland. The church building is located in Pont Street, Knightsbridge, near Harrod's department store....
(Church of ScotlandChurch of ScotlandThe Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
) - Lady Stopford; Doctor, Magistrate and wife of the Vice-Chancellor of the University of ManchesterUniversity of ManchesterThe University of Manchester is a public research university located in Manchester, United Kingdom. It is a "red brick" university and a member of the Russell Group of research-intensive British universities and the N8 Group...
- William T. Wells, LabourLabour Party (UK)The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
MPMember of ParliamentA Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Walsall North and BarristerBarristerA barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions... - Dr Joseph Whitby, general practitioner with psychiatric experience
The committee first met on 15 September 1954 and met on 62 days, 32 of which were used for interviewing witnesses. Wolfenden suggested at an early stage that for the sake of the ladies in the room, that they use the terms Huntley & Palmers
Huntley & Palmers
Huntley & Palmers was a British firm of biscuit makers originally based in Reading, Berkshire. The company created one of the world's first global brands and ran what was once the world’s largest biscuit factory. Over the years, the company was also known as J...
after the biscuit manufacturers - Huntleys for homosexuals, and Palmers for prostitutes. Evidence was heard from police and probation officers, psychiatrists, religious leaders, and gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
men whose lives had been affected by the law.
The recommendations of the report
Disregarding the conventional ideas of the day, the committee recommended that "homosexual behaviour between consenting adults in private should no longer be a criminal offence". All but James Adair were in favour of this and, contrary to some medical and psychiatric witnesses' evidence at that time, found that "homosexuality cannot legitimately be regarded as a disease, because in many cases it is the only symptom and is compatible with full mental health in other respects." The report added, "The law's function is to preserve public order and decency, to protect the citizen from what is offensive or injurious, and to provide sufficient safeguards against exploitation and corruption of others ... It is not, in our view, the function of the law to intervene in the private life of citizens, or to seek to enforce any particular pattern of behaviour." The recommended age of consentAge 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...
was 21 (the age of majority
Age of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
in the UK then).
The report also discussed the rise in street prostitution at the time, which it associated with "community instability" and "weakening of the family". As a result there was a police crackdown on street prostitution following the report.
Aftermath
The report's recommendations attracted considerable public debate, including a famous exchange of views in publications by Lord Devlin, a leading British judge, whose ideas and publications argued against the report's philosophical basis, and H.L.A. Hart, a leading jurisprudential scholar, who provided argument in its support."The enforcement of Morals", by Patrick Devlin, holds a different account of the report's outcome. It is stated that "Adultery, fornication, and prostitution are not, as the Report points out, criminal offences: homosexuality between males is a criminal offence, but between females it is not."
The recommendations eventually led to the passage of the Sexual Offences Act 1967
Sexual Offences Act 1967
The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom . 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...
, applying to England and Wales only, that replaced the previous law on sodomy contained in 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...
and the 1885 Labouchere Amendment
Labouchere Amendment
The Labouchere Amendment, also known as Section 11 of the Criminal Law Amendment Act 1885 made gross indecency a crime in the United Kingdom. The amendment gave no definition of "gross indecency," as Victorian morality demurred from precise descriptions of activity held to be immoral...
which outlawed every homosexual act short of sodomy. The law was only passed a decade after the report was published in 1957.
John Wolfenden came 45th in a list of the top 500 lesbian and gay heroes, Pink Paper
Pink Paper
The Pink Paper is a UK publication covering gay and lesbian issues. Founded in 1987 as a newspaper, since June 2009 it has been available only on the Internet....
, 26 September 1997, issue 500, p19. It later became known that his son Jeremy Wolfenden
Jeremy Wolfenden
Jeremy Wolfenden was a foreign correspondent and British spy at the height of the Cold War.-Biography:...
was gay.
See also
- LGBT rights in the United Kingdom
- Law reformLaw reformLaw reform or Legal reform is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency....
- Sodomy lawSodomy lawA sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed unnatural. It also has a range of similar euphemisms...
- Homosexual Law Reform SocietyHomosexual Law Reform SocietyThe Homosexual Law Reform Society was an organisation that campaigned in the United Kingdom for changes in the laws that criminalised homosexual relations between men.- History :...
- Age of ConsentAge of consentWhile 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...
- Peter WildebloodPeter WildebloodPeter Wildeblood was a British-Canadian journalist, novelist, playwright, and gay rights campaigner. He was one of the first men in the UK to publicly declare his homosexuality.-Career:...
- Victim - 1961 film starring Dirk BogardeDirk BogardeSir Dirk Bogarde was an English actor and novelist. Initially a matinee idol in such films as Doctor in the House and other Rank Organisation pictures, Bogarde later acted in art-house films such as Death in Venice...
widely held to have contributed to the liberalisation of cultural and legal attitudes to homosexuality in the UKUnited KingdomThe 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...
External links
- BBC History page - "Homosexuality should not be a crime"
- BBC Timeline: Gay fight for equal rights 2002-12-06
- Knitting Circle report
- Queer History @ GMax
- Powerpoint slides from a recent talk on why The Wolfenden Report of 1957 is an important framework for understanding the relationship between law and homosexuality in contemporary societies