The Criminal Law Amendment Act of 1885, "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 twenty-five year series of legislation in the United Kingdom beginnning with the Offences against the Person Act of 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 criminalized male homosexuality. This act was also notable for the circumstances of its passage in Parliament. In criminal law, the age of consent is the age at which a person is considered to be capable of legally giving informed consent to sexual acts with another person. ... Prostitution is the sale of sexual services, such as oral sex or sexual intercourse, for money. ... Since its coining, the term homosexuality has acquired multiple meanings. ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ...

Background

In 1861 Parliament passed the Offences against the Person Act, confirming the age of consent at twelve, and having consensual sex with a girl under ten being considered a felony and between ten and twelve a misdemeanor. In addition, the penalty indecent assault or attempted rape upon a girl below the consensual age was two years imprisonment. Although this age was raised to thirteen 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 their friends and patrons. Which was the reason 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 thirteen and the poor had little protection under this law. 1861 is a common year starting on Tuesday. ... A felony, in many common law legal systems, is the term for a very serious crime; misdemeanors are considered to be less serious. ... Misdemeanors (or misdemeanours) are lesser criminal acts which are generally punished less severely than felonies; but more so than infractions. ... 1875 was a common year starting on Friday (see link for calendar). ...

The reason for this was that in a society that was more concerned with preserving the reputation and social standing of the accused, the courts tend to be prejudiced against a victim of rape, especially one who was very young, for it was felt that the victim had somehow encouraged the assault. So unless the evidence against the accused was overwhelming, the perpetrator would be often acquitted.

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 would be subject to this just because they looked like prostitutes. Men, however, were not subjected even though they were equally responsible for spreading the disease. These acts were later repealed due to public pressure on the double-standard nature of these laws. A double standard is a rule which is applied more stringently to one party than to others. ... Sexually-transmitted infections (STIs), also known as sexually-transmitted diseases (STDs), are diseases that are commonly transmitted between partners through some form of sexual activity, most commonly vaginal intercourse, oral sex, or anal sex. ... hey rob im good (Y) ... The Contagious Diseases Acts were passed by several different European nations during the middle of the nineteenth century and gave policeman the power to arrest prostitutes for the purpose of having them submit to mandatory venereal disease examinations. ...

Thus public opinion at the time was definitely for less lenient 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. Josephine Butler (1828 - 1906) was a Victorian era feminist campaigner who was primarily interested in the welfare of prostitutes. ... This article discusses the economic concept of exploitation. ... Child advocacy is an umbrella topic covering all individuals and professionals who promote the optimal development of children. ... ‹The template below has been proposed for deletion. ... The NSPCC, correctly known as the National Society for the Prevention of Cruelty to Children is the UKs leading charity [1] specialising in child protection and the prevention of cruelty to children. ... 1881 was a common year starting on Saturday (see link for calendar). ...

The Bill Languishes

Benjamin Scott, the anti-vice campaigner and the chamberlain of the city of London, approached Lord Granville 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 May 22 and thus rather indifferent to the Bill. In addition, many Members of Parliament were opposed to the measure (with some justification) citing the curtailment of civil liberties through its increase of police powers. Granville George Leveson-Gower, 2nd Earl Granville (May 11, 1815 - March 31, 1891) was a British Liberal statesman. ... This article is about the British House of Lords. ... A Select Committee of the British Parliament is a committee made up of a small number of members appointed to deal with particular areas or issues. ... White slavery is a form of slavery involving the sexual abuse of White women held as captives and forced into prostitution, as opposed to general race slavery. ... 1883 was a common year starting on Monday (see link for calendar). ... In some bicameral parliaments of a Westminster System, the House of Commons has historically been the name of the elected lower house. ... 1884 is a leap year starting on Tuesday (click on link to calendar). ... April is the fourth month of the year in the Gregorian Calendar and one of four with the length of 30 days. ... Sir John William Ramsay (1847 - 1887), 13th Earl of Dalhousie was a British politician. ... This article is about the month of May. ... The name of the Jewish holiday Shavuot is commonly translated as Pentecost. Pentecost is the Christian festival that commemorates the descent of the Holy Spirit upon the Apostles, fifty days after the Resurrection of Jesus at Easter, and ten days after the Ascension. ... May 22 is the 142nd day of the year in the Gregorian calendar (143rd in leap years). ...

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 May 22. Supporters of Bill by that time feared that the Bill would again be put aside and decided to take drastic action. The Home Secretary (official full title Secretary of State for the Home Department) is the chief United Kingdom government minister responsible for law and order in England and Wales; his or her remit includes policing, the criminal justice system, the prison service, internal security, and matters of citizenship and immigration. ... May 22 is the 142nd day of the year in the Gregorian calendar (143rd in leap years). ...

These fears apparently became real when Gladstone's government resigned over the budget. An 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. William Ewart Gladstone (December 29, 1809 - May 19, 1898) was a British Liberal politician and Prime Minister (1868-1874, 1880-1885, 1886 and 1892-1894). ... The Most Honourable Robert Arthur Talbot Gascoyne-Cecil, 3rd Marquess of Salisbury, KG, GCVO, PC (3 February 1830–22 August 1903), known as Lord Robert Cecil before 1865 and as Viscount Cranborne from 1865 until 1868, was a British statesman and Prime Minister. ... The 1885 UK general election was from the 24th November - 18th December 1885. ...

The Armstrong Case

Main article: The Eliza Armstrong Case

Even before the government crisis in June, on May 23 W.T. Stead, the editor of the Pall Mall Gazette was approached by Benjamin Scott and called his attention on its being set aside again. Stead, being one of those who was 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 July 6-10 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 would "purchase" a girl and write about it. The Eliza Armstrong Case was a major scandal in the United Kingdom involving a child supposedly bought for prostitution for the purpose of exposing the evils of white slavery. ... May 23 is the 143rd day of the year in the Gregorian calendar (144th in leap years). ... William Thomas Stead (July 5, 1849 - April 15, 1912), English journalist, was born at Embleton, Northumberland, the son of a Congregational minister. ... do i even know who you are??? // Headline text Bold textAn Editor is a person who prepares text—typically language, but also images and sounds—for publication by correcting, condensing, or otherwise modifying it. ... The Pall Mall Gazette was an evening newpaper founded in London February 7, 1865. ... July 6 is the 187th day of the year (188th in leap years) in the Gregorian Calendar, with 178 days remaining. ... July 10 is the 191st day (192nd in leap years) of the year in the Gregorian Calendar, with 174 days remaining. ...

With the assistance of Bramwell Booth of the Salvation Army Stead bought a thirteen-year old girl, 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 her purchaser, who was Stead. He entered Eliza's room, and having regarded this as confirmation that he had his way, withdrew to write his story. Eliza, in turn, was turned over to the care of the Salvation Army. Bramwell Booth (March 8, 1856 – June 16, 1929) was the 2nd General of The Salvation Army (1912-1929). ... The Salvation Army is a Protestant Christian evangelical denomination, as well as a charity and social services organisation, with international headquarters at 101 Queen Victoria Street London, England. ... The clock tower of the Palace of Westminster, which contains Big Ben London is the capital city of the United Kingdom and of England. ... Prostitution is the sale of sexual services (typically manual stimulation, oral sex, sexual intercourse, or anal sex) for cash or other kind of return, generally indiscriminately with many persons. ...

The revelations caused an uproar. Copies of the Pall Mall Gazette were snapped up, often fetching premium prices. While many denounced Stead's exposés, it did what it was intended to do: it prompted Parliament to resume the debate over the Criminal Law Amendment Bill on July 9. July 9 is the 190th day of the year (191st in leap years) in the Gregorian Calendar, with 175 days remaining. ...

The Debate Resumes

The SPCC, which celebrated its first anniversary on July 13, took advantage of the resumption of the debate to make its own recommendations to the Bill, including the raising of the age consent to eighteen years and more draconian 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. July 13 is the 194th day (195th in leap years) of the year in the Gregorian Calendar, with 171 days remaining. ...

In addition to the recommendations made by the SPCC, on July 31 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. July 31 is the 212th day (213th in leap years) of the year in the Gregorian Calendar, with 153 days remaining, as the final day of July. ...

Outraged by this defeat, Stead condemned this 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 August 9. 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. Congregational churches are Protestant Christian churches practicing congregationalist church governance, in which each congregation indepedently and autonomously runs its own affairs. ... The Reverend Benjamin Waugh (February 20, 1839 — March 11, 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 hymns. ... Henry James, (October 30, 1828 – August 18, 1911), was an English lawyer and statesman. ... Her Majestys Attorney General for England and Wales, usually known as the Attorney General, is the chief legal adviser of the Crown in England and Wales. ... August 9 is the 221st day of the year in the Gregorian Calendar (222nd in leap years), with 144 days remaining. ... The Rt Hon. ...

Section 11

Even before the SPCC's "oath clause" was passed, another clause was introduced by MP Henry Labouchere late in the evening of August 6. An ardent homophobe, Labouchere wanted to expand its reach. It provided for a term of imprisonment for a term of imprisonment of not exceeding one year, with or without hard labor, for any man found guilty of "gross indecency" with another male whether "public or private", in effect, criminalizing male homosexuality. Henry Du Pré Labouchere (November 9, 1831–January 15, 1912) was a prominent British politician and writer/publisher in the late 19th century. ... August 6 is the 218th day of the year in the Gregorian Calendar (219th in leap years), with 147 days remaining. ... The term homophobia is constructed from Greek όμοιος (homos), same and φόβος (fobos), fear. ...

When the bill came up for a vote the following day, one member questioned whether Labouchere's amendment had anything to do with the original intent of the bill. But the Speaker, Arthur Peel, responded that under procedural rules any amendment was permitted as long as Parliament permitted it. The Attorney-General, Richard Webster, while supporting the amendment, objected to the leniency of the sentence, and wanted to increase the penalty to two years hard labor. Labouchere agreed, and the amendment was passed. In the United Kingdom, the Speaker of the House of Commons is the presiding officer of the Lower House of Parliament, the House of Commons, and is seen historically as the First Commoner of the Land. ... Arthur Wellesley Peel, 1st Viscount Peel (3 August 1829 - 24 October 1912), Speaker of the British House of Commons 1884-95, was the youngest son of the Conservative Prime Minister Sir Robert Peel, and was named after the Duke of Wellington. ... ALVERSTONE, RICHARD EVERARD WEBSTER, IST BARON (1842- ), lord chief justice of England, was born on the 22nd of December 1842, being the second son of Thomas Webster, Q.C. He was educated at Kings College and Charterhouse schools, and Trinity College, Cambridge; was called to the bar in 1868...

Labouchere's insertion caused a minor furore in the press. The main objection was that the phrase "in public or in private" could expose decent folk to extortion. One commentator dubbed it as "The Blackmailer's Charter". Since the law required witnesses to the act, a potential blackmailer could make up a story about anyone; therefore a man can be convicted on the strength of another's allegations. Still, the public was willing to accept this in exchange for increased protection for women and children.

However, the more far-reaching consequence was that it criminalized male homosexual acts, whether consensual or otherwise and was given the broadest possible interpretation, far from what Labouchere intended. It was the violation of this law which convicted Oscar Wilde to two years in prison in 1895. It was only in 1967 that private homosexual acts between men were decriminalized under the Sexual Offences Act of 1967. Its a sorry man who can not invent an Oscar Wilde quote to fit his situation. ... 1895 was a common year starting on Tuesday (see link for calendar). ... 1967 was a common year starting on Sunday of the Gregorian calendar. ...

Passage and Effects

The Criminal Law Amendment Act was finally passed on August 14 and in its final form effectively repealed Sections 49 and 52 of the Offences Against the Person Act of 1861 and all of the 1875 version. Its provisions were as follows: August 14 is the 226th day of the year in the Gregorian Calendar (227th in leap years), with 139 days remaining. ...

• It raised the age of consent from thirteen to sixteen 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 crimial offence to abduct a girl under 18 without her consent for purposes of carnal knowledge;
• It gave magustrates 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 thirteen and misdemeanor assault between thirteen and sixteen as well as imbecile women and girls.

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 laxing the rules on witness testimony: while children under the age of twelve 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 have skyrocketed since in the months afterwards, especially child molestation cases. It may be that the actual number of cases remained relatively the same but the fact that more cases were reported and brought to the courts was a reflection of how the law changed perceptions of how women and children should be treated. In an era when over half the adult population were denied the priveleges of citizenship such as the right of suffrage, allowing a child to testify under oath with prejudice was a powerful means of meting out justice. While the inclusion of Section 11 criminalized 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 eighty years before decriminalization would take effect.

External Links

• The Criminal Law Amendment Act of 1885 and Sexual Assault on Minors
• Criminal Law Amendment Act of 1885 - a text of the law itself, including Section 11