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 an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

, the latest in a 25-year series of legislation in the

United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Great B ...

beginning with the Offences against the Person Act 1861. It raised the

age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...

from 13 years of age to 16 years of age and delineated the penalties for sexual offences against women and minors. It also strengthened existing legislation against

prostitution Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...

and

homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...

. This act was also notable for the circumstances of its passage in Parliament.

Background

Under the Offences against the Person Act 1861, the age of consent was 12 (reflecting the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

), it was a

felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...

to have unlawful

carnal knowledge Carnal knowledge is an archaic or legal euphemism for sexual intercourse. In modern statutes, the term " sexual penetration" is widely used, though with various definitions. Biblical source The term derives from ''carnal'', meaning "of the fles ...

of a girl under the age of 10, and it was a

misdemeanour A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...

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 is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...

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 with the Offences Against the Person Act 1875, these pieces of legislation were enacted to protect mainly 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 own daughters and, by extension, those 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 A double standard is the application of different sets of principles for situations that are, in principle, the same. It is often used to describe treatment whereby one group is given more latitude than another. A double standard arises when two ...

extended to prostitution. While it was tolerated in the middle-class, concern about the spread of

venereal disease Sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs) and the older term venereal diseases, are infections that are spread by sexual activity, especially vaginal intercourse, anal sex, and oral se ...

, specifically

syphilis Syphilis () is a sexually transmitted infection caused by the bacterium ''Treponema pallidum'' subspecies ''pallidum''. The signs and symptoms of syphilis vary depending in which of the four stages it presents (primary, secondary, latent, an ...

, persuaded Parliament to pass a series of

Contagious Diseases Acts The Contagious Diseases Acts (CD Acts) were originally passed by the Parliament of the United Kingdom in 1864 (27 & 28 Vict. c. 85), with alterations and additions made in 1866 (29 & 30 Vict. c. 35) and 1869 (32 & 33 Vict. c. 96). In 1862, a com ...

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 In the social sciences, unintended consequences (sometimes unanticipated consequences or unforeseen consequences) are outcomes of a purposeful action that are not intended or foreseen. The term was popularised in the twentieth century by Ameri ...

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 is the collective opinion on a specific topic or voting intention relevant to a society. It is the people's views on matters affecting them. Etymology The term "public opinion" was derived from the French ', which was first use ...

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 The Society for the Suppression of Vice, formerly the Proclamation Society Against Vice and Immorality, or simply Proclamation Society, was a 19th-century English society dedicated to promoting public morality. It was established in 1802, based o ...

and

feminists Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male poi ...

led by

Josephine Butler Josephine Elizabeth Butler (' Grey; 13 April 1828 – 30 December 1906) was an English feminist and social reformer in the Victorian era. She campaigned for women's suffrage, the right of women to better education, the end of coverture ...

focused on the evils of

child prostitution Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent. In most jurisdictions, child ...

as the chief factor in the

sexual exploitation Sexual slavery and sexual exploitation is an attachment of any ownership right over one or more people with the intent of coercing or otherwise forcing them to engage in sexual activities. This includes forced labor, reducing a person to a s ...

of the young. In addition, during the 1860s and 1870s,

child advocacy Child advocacy refers to a range of individuals, professionals and advocacy organizations who speak out on the best interests of children. An individual or organization engaging in advocacy typically seeks to protect children's rights which may be a ...

groups were concerned with

child abuse Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...

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.

The bill languishes

The bill for the amendment of the law took four years to bring to completion. It began when

Benjamin Scott Benjamin Scott FRAS (15 April 1814 – 17 January 1892) served as the Chamberlain of London from 1858 until his death. As well as an enduring figure in the life of the city, he was also a committed social activist of the age, collaborating with ...

, the anti-vice campaigner and

Chamberlain of the City of London The Chamberlain of the City of London is an ancient office of the City of London, dating back to at least 1237. The Chamberlain is the finance director of the City of London Corporation. They are the financial adviser, accountant, receiver and pa ...

, approached

Lord Granville Earl Granville is a title that has been created twice, once in the Peerage of Great Britain and once in the Peerage of the United Kingdom. It is now held by members of the Leveson-Gower family. First creation The first creation came in the Pee ...

to enact legislation for the protection of young girls from transportation to

the Continent Continental Europe or mainland Europe is the contiguous continent of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by ...

for "immoral purposes". In response, the

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

formed a select committee to investigate and confirmed an increase in child prostitution and

white slavery White slavery (also white slave trade or white slave trafficking) refers to the slavery of Europeans, whether by non-Europeans (such as West Asians and North Africa, North Africans), or by other Europeans (for example naval galley slaves or th ...

. 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 offences. The bill passed easily in the House of Lords in 1883, but was dropped in the

House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...

. It was reintroduced in 1884 but was again dropped during the struggle over parliamentary reform. In April 1885, the

Earl of Dalhousie Earl of Dalhousie, in the County of Midlothian, is a title in the Peerage of Scotland, held by the Chief of Clan Ramsay. History The family descends from Sir George Ramsay, who represented Kincardineshire in the Scottish Parliament in 1617. ...

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 Whitsun (also Whitsunday or Whit Sunday) is the name used in Britain, and other countries among Anglicans and Methodists, for the Christian High Holy Day of Pentecost. It is the seventh Sunday after Easter, which commemorates the descent of the H ...

bank holiday on 22 May 1885 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 are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...

through its increase of police powers. Despite the effort of the

Home Secretary The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...

, 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 1885. Supporters of the bill by that time feared that it 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 Robert Arthur Talbot Gascoyne-Cecil, 3rd Marquess of Salisbury (; 3 February 183022 August 1903) was a British statesman and Conservative politician who served as Prime Minister of the United Kingdom three times for a total of over thirteen y ...

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.

Armstrong Case

Even before the government crisis in June 1885, on 23 May, W.T. Stead, the editor of the ''

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. In 1921, '' The Globe'' merged into ''The Pall Mall Gazette'', which itself was absorbed int ...

'' 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 "The Maiden Tribute of Modern Babylon" was a series of newspaper articles on child prostitution that appeared in ''The Pall Mall Gazette'' in July 1885. Written by the paper's crusading editor W. T. Stead, the series was a ''tour de force'' of ...

". 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 William Bramwell Booth, CH (8 March 1856 – 16 June 1929) was a Salvation Army officer, Christian and British charity worker who was the first Chief of Staff (1881–1912) and the second General of The Salvation Army (1912–1929), succeedin ...

of the

Salvation Army Salvation (from Latin: ''salvatio'', from ''salva'', 'safe, saved') is the state of being saved or protected from harm or a dire situation. In religion and theology, ''salvation'' generally refers to the deliverance of the soul from sin and its c ...

, Stead bought 13-year-old Eliza Armstrong from her parents, who lived in the

Lisson Grove Lisson Grove is a street and district in Marylebone, City of Westminster, London. The neighbourhood contains a few important cultural landmarks, including Lisson Gallery, Alfies Antique Market, Red Bus Recording Studios, the former Christ Chu ...

area of west

London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...

, 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 A brothel, bordello, ranch, or whorehouse is a place where people engage in sexual activity with prostitutes. However, for legal or cultural reasons, establishments often describe themselves as massage parlors, bars, strip clubs, body rub par ...

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 MP 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 Benjamin Waugh (20 February 183911 March 1908) was a Victorian social reformer and campaigner who founded the UK charity, the National Society for the Prevention of Cruelty to Children (NSPCC) in the late 19th century, and also wrote various hy ...

, 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 ( – ) was an American-British author. He is regarded as a key transitional figure between literary realism and literary modernism, and is considered by many to be among the greatest novelists in the English language. He was the ...

, the former

Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

, 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.

Section 11

Even before the SPCC's "oath clause" was passed, another clause was introduced by MP

Henry Labouchere Henry may refer to: People *Henry (given name) *Henry (surname) * Henry Lau, Canadian singer and musician who performs under the mononym Henry Royalty * Portuguese royalty ** King-Cardinal Henry, King of Portugal ** Henry, Count of Portugal, ...

late in the evening of 6 August 1885. Labouchere wanted to expand its reach. The clause provided for a term of imprisonment "not exceeding two years", with or without hard labour, for any man found guilty of gross indecency with another male, whether "in public or in private". No definition was given of what, exactly, constituted "gross indecency", as

Victorian morality Victorian morality is a distillation of the moral views of the middle class in 19th-century Britain, the Victorian era. Victorian values emerged in all classes and reached all facets of Victorian living. The values of the period—which can be ...

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 () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...

, 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 1861 and the whole of the Offences against the Person Act 1875. 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. :* It criminalised "gross indecency between males" — previously the only homosexual crime was " buggery" (anal sex). 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 of vice. More than 80 years would pass before

decriminalisation Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This refor ...

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 1956 The Sexual Offences Act 1956 (4 & 5 Eliz.2 c.69) 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 (from 1 May 2004) by the Sex ...

; and for Scotland by section 21(2) of, and Schedule 2 to, the

Sexual Offences (Scotland) Act 1976 Sex is the biological distinction of an organism between male and female. Sex or SEX may also refer to: Biology and behaviour *Animal sexual behaviour **Copulation (zoology) **Human sexual activity ** Non-penetrative sex, or sexual outercourse ...

. 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 #REDIRECT Non-Fatal Offences Against the Person Act 1997 {{R from other capitalisation ...

Retroactive exoneration

Following the

Royal Pardon In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal preroga ...

Alan Turing Alan Mathison Turing (; 23 June 1912 – 7 June 1954) was an English mathematician, computer scientist, logician, cryptanalyst, philosopher, and theoretical biologist. Turing was highly influential in the development of theoretical com ...

, who was convicted of gross indecency under this Act for homosexual acts with another man, the government announced in 2016 its intention to expand this retroactive exoneration to other men convicted of similar historical offences, through enacting what has been described as an " Alan Turing law". The

Policing and Crime Act 2017 The Policing and Crime Act 2017 (c. 3) is an act of the Parliament of the United Kingdom. It received royal assent on 31 January 2017. Synopsis The act enacts various changes to existing rules involving PCCs, complaints through the IPCC, amendm ...

serves as an

amnesty law An Amnesty law is any legislative, constitutional or executive arrangement that retroactively exempts a select group of people, usually military leaders and government leaders, from criminal liability for the crimes that they committed. More speci ...

pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...

men who were cautioned or convicted under historical legislation that outlawed homosexual acts.

References

Citations

External links

The W.T. Stead Resource Site
* ttp://www.swarb.co.uk/acts/1885Criminal_Law_AmendmentAct.shtml Criminal Law Amendment Act 1885- a text of the law itself, including Section 11 {{UK legislation United Kingdom Acts of Parliament 1885 1885 in law 19th century in LGBT history Criminal law of the United Kingdom Prostitution law in the United Kingdom