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The Report of the Departmental Committee on Homosexual Offences and Prostitution (better known as the Wolfenden report, after Sir John Wolfenden, the chairman of the committee) was published in the United Kingdom on 4 September 1957 after a succession of well-known men, including
Lord Montagu of Beaulieu Baron Montagu of Beaulieu (, Engl. pronunciation: "bewley", from French ''beau'', "beautiful" and ''lieu'', "place"), in the County of Hampshire, is a title in the Peerage of the United Kingdom. It was created in 1885 for the Conservative poli ...
,
Michael Pitt-Rivers Major Michael Augustus Lane-Fox Pitt-Rivers (27 May 1917 – December 1999) was a West Country landowner who gained notoriety in Britain in the 1950s when he was put on trial charged with buggery. This trial was instrumental in bringing publ ...
,
John Gielgud Sir Arthur John Gielgud, (; 14 April 1904 – 21 May 2000) was an English actor and theatre director whose career spanned eight decades. With Ralph Richardson and Laurence Olivier, he was one of the trinity of actors who dominated the Briti ...
, and Peter Wildeblood were convicted of
homosexual 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 p ...
offences.


Background

Under the
Criminal Law Amendment Act 1885 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 lat ...
, any
homosexual 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 p ...
activity between males was illegal. After the
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
, there had been an increase in arrests and prosecutions, and by the end of 1954, in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Engl ...
, there were 1,069 men in prison for homosexual acts, with a mean age of 37 years. During a time of several significant trials, notably that of
Lord Montagu of Beaulieu Baron Montagu of Beaulieu (, Engl. pronunciation: "bewley", from French ''beau'', "beautiful" and ''lieu'', "place"), in the County of Hampshire, is a title in the Peerage of the United Kingdom. It was created in 1885 for the Conservative poli ...
, the Conservative government set up a departmental committee (in the Home Office and Scottish Home Department responsible for criminal law) under Sir John Wolfenden to consider both homosexual offences and prostitution.


Committee

The committee of 15 (4 women and 11 men) was led by Sir John Wolfenden (1906–1985), a former headmaster of both
Uppingham Uppingham is a market town in Rutland, England, off the A47 between Leicester and Peterborough, south of the county town, Oakham. It had a population of 4,745 according to the 2011 census, estimated at 4,853 in 2019. It is known for its ep ...
and of
Shrewsbury Shrewsbury ( , also ) is a market town, civil parish, and the county town of Shropshire, England, on the River Severn, north-west of London; at the 2021 census, it had a population of 76,782. The town's name can be pronounced as either 'Shr ...
; and who in 1950 was appointed Vice Chancellor of the
University of Reading The University of Reading is a public university in Reading, Berkshire, England. It was founded in 1892 as University College, Reading, a University of Oxford extension college. The institution received the power to grant its own degrees in 192 ...
. He later became Director of the
British Museum The British Museum is a public museum dedicated to human history, art and culture located in the Bloomsbury area of London. Its permanent collection of eight million works is among the largest and most comprehensive in existence. It documen ...
. In addition to the chairman, the committee members were the following: * James Adair, former Procurator-Fiscal for
Glasgow Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated pop ...
* Mary Cohen, vice-president of the City of
Glasgow Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated pop ...
Girl Guides Girl Guides (known as Girl Scouts in the United States and some other countries) is a worldwide movement, originally and largely still designed for girls and women only. The movement began in 1909 when girls requested to join the then-grassroot ...
and chairwoman of the Scottish Association of Girls' Clubs * Desmond Curran, senior
psychiatrist A psychiatrist is a physician who specializes in psychiatry, the branch of medicine devoted to the diagnosis, prevention, study, and treatment of mental disorders. Psychiatrists are physicians and evaluate patients to determine whether their sy ...
at
St George's Hospital St George's Hospital is a large teaching hospital in Tooting, London. Founded in 1733, it is one of the UK's largest teaching hospitals and one of the largest hospitals in Europe. It is run by the St George's University Hospitals NHS Foundation ...
, London, and psychiatric consultant to the
Royal Navy The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by English and Scottish kings from the early medieval period, the first major maritime engagements were fought in the Hundred Years' War against ...
* V. A. Demant, and
Regius Professor of Moral and Pastoral Theology The Regius Professorship of Moral and Pastoral Theology, together with the Regius Professorship of Ecclesiastical History, was founded at the University of Oxford by act of Parliament in 1840, and first filled in 1842. The act attached the chair t ...
at the
University of Oxford , mottoeng = The Lord is my light , established = , endowment = £6.1 billion (including colleges) (2019) , budget = £2.145 billion (2019–20) , chancellor ...
* Sir Kenneth Diplock, Recorder of
Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
and High Court judge * Sir Hugh Linstead,
Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization ...
Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members ofte ...
(MP) for
Putney Putney () is a district of southwest London, England, in the London Borough of Wandsworth, southwest of Charing Cross. The area is identified in the London Plan as one of 35 major centres in Greater London. History Putney is an ancient par ...
, barrister, and pharmaceutical chemist * The 12th Marquess of Lothian, a
Foreign Office Foreign may refer to: Government * Foreign policy, how a country interacts with other countries * Ministry of Foreign Affairs, in many countries ** Foreign Office, a department of the UK government ** Foreign office and foreign minister * United S ...
minister * Kathleen Lovibond, chairwoman of the Uxbridge juvenile
magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...
who became Mayor of
Uxbridge Uxbridge () is a suburban town in west London and the administrative headquarters of the London Borough of Hillingdon. Situated west-northwest of Charing Cross, it is one of the major metropolitan centres identified in the London Plan. Uxbri ...
in 1956 * Victor Mishcon, solicitor and Labour member and chairman of the
London County Council London County Council (LCC) was the principal local government body for the County of London throughout its existence from 1889 to 1965, and the first London-wide general municipal authority to be directly elected. It covered the area today kno ...
*
Goronwy Rees Goronwy Rees (29 November 1909 – 12 December 1979) was a Welsh journalist, academic and writer. Background Rees was born in Aberystwyth, where his father was minister of the Tabernacle Calvinistic Methodist Church. The family later moved to ...
, Principal of the
University College of Wales, Aberystwyth , mottoeng = A world without knowledge is no world at all , established = 1872 (as ''The University College of Wales'') , former_names = University of Wales, Aberystwyth , type = Public , endowment = ...
(resigned from the committee in April 1956) * R. F. V. Scott,
Presbyterian Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their na ...
minister of
St Columba's Church, London St Columba's Church is one of the two London congregations of the Church of Scotland. The church building, designed by Sir Edward Maufe, is located in Pont Street, Knightsbridge, near Harrod's department store. It was given Grade II listin ...
( Church of Scotland) (resigned from the committee in March 1956) * Lady (Lily) Stopford, ophthalmologist and magistrate * William Wells, Labour MP for Walsall North and barrister * 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 is a British company of biscuit makers originally based in Reading, Berkshire. Formed by Joseph Huntley in 1822, the company became one of the world's first global brands (chiefly led by George Palmer who joined in 1841) and r ...
after the biscuit manufacturers – Huntleys for homosexuals, and Palmers for prostitutes. Evidence was heard from police and probation officers, psychiatrists, religious leaders (who in those days were at the forefront of homosexual
law reform Law reform or legal reform is the process of examining existing laws, and advocating and implementing change in a legal system, usually with the aim of enhancing justice or efficiency. Intimately related are law reform bodies or law commissions, ...
), and
gay ''Gay'' is a term that primarily refers to a homosexual person or the trait of being homosexual. The term originally meant 'carefree', 'cheerful', or 'bright and showy'. While scant usage referring to male homosexuality dates to the late 1 ...
men whose lives had been affected by the law. The estimated cost of preparing the report was £8,046 of which £735 represented the estimated cost of printing and publication. The secretary for the committee was W. C. Roberts (Home Office) and his assistant was E. J. Freeman (Scottish Home Department). Getting gay men to give evidence proved to be very difficult for the committee: Wolfenden considered placing an advert in a newspaper or magazine, but the committee instead decided to locate three men willing to give evidence: Peter Wildeblood, Carl Winter, and
Patrick Trevor-Roper Patrick Dacre Trevor-Roper (7 June 1916 – 22 April 2004) was a British eye surgeon, author and pioneer gay rights activist, who played a leading role in the campaign to decriminalise homosexuality in the UK. Life and career He was born in Nor ...
. Wildeblood had been convicted and sent to prison. Winter was director of the
Fitzwilliam Museum The Fitzwilliam Museum is the art and antiquities museum of the University of Cambridge. It is located on Trumpington Street opposite Fitzwilliam Street in central Cambridge. It was founded in 1816 under the will of Richard FitzWilliam, 7th V ...
and Trevor-Roper was a distinguished eye surgeon and brother of the famous historian
Hugh Trevor-Roper Hugh Redwald Trevor-Roper, Baron Dacre of Glanton (15 January 1914 – 26 January 2003) was an English historian. He was Regius Professor of Modern History at the University of Oxford. Trevor-Roper was a polemicist and essayist on a range of ...
. In order to protect their identities, Trevor-Roper was referred to as the "Doctor" while Winter was referred to as "Mr White".


Recommendations

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 recommended
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 clai ...
was 21 years (the
age of majority The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contro ...
in the UK then though for mixed sex couples 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 clai ...
was 16 and 16-year-olds could marry with their parents' permission ). 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 and the
Street Offences Act 1959 The Street Offences Act 1959 (7 & 8 Eliz 2 c 57) is an Act of the Parliament of the United Kingdom concerning street prostitution. It was passed following the publication of the Wolfenden report which discussed the rise in street prostitution at ...
was passed.


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. In ''The Enforcement of Morals'', Devlin states that the Wolfenden report "is recognized to be an excellent study of two very difficult legal and social problems". Devlin attacks the principle, derived from
John Stuart Mill John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, Member of Parliament (MP) and civil servant. One of the most influential thinkers in the history of classical liberalism, he contributed widely to ...
's ''
On Liberty ''On Liberty'' is a philosophical essay by the English philosopher John Stuart Mill. Published in 1859, it applies Mill's ethical system of utilitarianism to society and state. Mill suggests standards for the relationship between authority an ...
'', that the law ought not concern itself with "private immorality", saying that the report "requires special circumstances to be shown to justify the intervention of the law. I think that this is wrong in principle". The recommendations eventually led to the passage of the
Sexual Offences Act 1967 The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom (citation 1967 c. 60). It legalised homosexual acts in England and Wales, on the condition that they were consensual, in private and between two men who had attained th ...
, 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 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 ...
which outlawed every homosexual act short of sodomy. The Act did not become law until a decade after the report was published in 1957. The historian Patrick Higgins has described a number of flaws with the report: "its failure to understand or appreciate (except in the most negative terms) the importance of the homosexual subculture". It later became known that Wolfenden's son Jeremy Wolfenden was gay. In 1997, John Wolfenden came 45th in the ''
Pink Paper The ''Pink Paper'' was a UK publication covering gay and lesbian issues published by Millivres Prowler Limited. Founded in 1987 as a newspaper, it switched to internet-only publication in June 2009. The decision to go online-only was announced ...
''’s list of the “top 500 lesbian and gay heroes”.''Pink Paper'' (500). 26 September 1997. p. 19.


See also

*
Homosexual Law Reform Society The Homosexual Law Reform Society was an organisation that campaigned in the United Kingdom for changes to the set of laws which criminalised homosexuality at the time. History In 1954 the Conservative government set up a Departmental Committee ...
*
LGBT rights in the United Kingdom The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have varied over time. Prior to the formal introduction of Christianity in Britain in 597 AD, when Augustine of Ca ...
* ''Victim'' (1961 film) – 1961 film starring
Dirk Bogarde Sir Dirk Bogarde (born Derek Jules Gaspard Ulric Niven van den Bogaerde; 28 March 1921 – 8 May 1999) was an English actor, novelist and screenwriter. Initially a matinée idol in films such as ''Doctor in the House'' (1954) for the Rank Organ ...
widely held to have contributed to the liberalisation of cultural and legal attitudes to homosexuality in the UK. * '' Consenting Adults'' - television play by
Julian Mitchell Charles Julian Humphrey Mitchell, FRSL (born 1 May 1935) is an English playwright, screenwriter and occasional novelist. He is best known as the writer of the play and film '' Another Country'', and as a screenwriter for TV, producing many origi ...
with
Charles Dance Walter Charles Dance (born 10 October 1946) is an English actor. He is known for playing strict, authoritarian characters and villains. His most notable film roles include Sardo Numspa in ''The Golden Child'' (1986), Dr. Jonathan Clemens in ''A ...
as Sir John Wolfenden.


References


Wolfenden Report - 50th anniversary of the 1967 Sexual Offences Act- UK Parliament Living Heritage


Footnotes


Bibliography

* * * * * * * *


Further reading

* * * * {{refend LGBT history in the United Kingdom LGBT law in the United Kingdom 1957 in the United Kingdom 1950s in LGBT history