Criminal Law Amendment Act 1885
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Act of Parliament | ||
![]() Commencement 14 August 1885 | | |
Other legislation | ||
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Repealed by | Sexual Offences Act 1956 | |
Relates to | Criminal Law Amendment Act 1912 | |
Status: Repealed | ||
Text of statute as originally enacted |
The Criminal Law Amendment Act 1885 (
Background
Under the
This
Delay
The bill for the amendment of the law took four years to bring to completion. It began when
The bill passed easily in the House of Lords in 1883, but was dropped in the
Despite the effort of the
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.
Armstrong Case
Even before the government crisis in June 1885, on 23 May,
With the assistance of
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.
Resumption of debate
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
Outraged by this defeat, Stead condemned it in the Gazette, listing the names of each member who voted against the clause.
Section 11
Even before the SPCC's "oath clause" was passed, another clause was introduced by MP
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The Criminal Law Amendment Act was finally passed on 14 August 1885 and in its final form effectively repealed Sections 49 and 52 of the
- 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.
Repeals
The Act was repealed for England and Wales by section 51 of, and the fourth schedule to, the Sexual Offences Act 1956; 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
Retroactive exoneration
Following the
The Policing and Crime Act 2017 serves as an amnesty law to pardon men who were cautioned or convicted under historical legislation that outlawed homosexual acts.[8]
See also
- Criminal Law Amendment Act
- William Thomas Stead
- The Salvation Army
- Catherine Booth
- William Booth
- Bramwell Booth
- Benjamin Scott
- Josephine Butler
- Rebecca Jarrett
References
House | First reading | Second reading | Committee | Report / Consideration | Third reading | Returned |
---|---|---|---|---|---|---|
Lords | Mar 26 | Apr 13 | Apr 28 | Apr 30 | May 1 | Aug 7 Aug 10 |
Commons | N/A | May 22 Jul 9 | Jul 30 Jul 31 Aug 3 | Aug 6 Aug 7 | Aug 7 | N/A |
Citations
- ^ "Criminal Law Amendment Act 1885 - An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes". www.swarb.co.uk. 1885.
- ^ "Offences Against the Person Act 1861 (original, as enacted): Section 50", legislation.gov.uk, The National Archives, 1861 c. 100 (s. 50) Carnally knowing a Girl under Ten Years of Age
- ^ "Offences Against the Person Act 1861 (original, as enacted): Section 51", legislation.gov.uk, The National Archives, 1861 c. 100 (s. 51) Carnally knowing a Girl between the Ages of Ten and Twelve.
- ^ "Offences Against the Person Act 1861 (original, as enacted): Section 52", legislation.gov.uk, The National Archives, 1861 c. 100 (s. 52) Attempt to commit the last Two Offences (sections 50 & 51).
- ^ The Criminal Law Amendment Act 1885 and Sexual Assault on Minors According to a "survey of The Times criminal trials and police columns between January 1884 and September 1886 indicates that the reporting of criminal assaults, indecent assaults, and rapes enacted against minors increased dramatically after the publicity of "The Maiden Tribute" and the passage of the Criminal Law Amendment Act. Where only five sexual offences against minors were reported between January 1884 and the end of July 1885, The Times lists sixty-five cases between August 1885 and September 1886. In the space of nine months after the passage of the Criminal Law Amendment Act, twelve times as many cases were reported as in the previous year and a half."
- ^ "Government 'committed' to Alan Turing gay pardon law". BBC News. 22 September 2016. Retrieved 22 September 2016.
- ^ Cowburn, Ashley (21 September 2016). "Theresa May committed to introducing the 'Alan Turing Law'". The Independent. Retrieved 22 September 2016.
- ^ Alderson, Reevel (15 October 2019). "Pardon for gay men convicted under abolished laws". BBC News.
Further reading
- Josephine Butler, Personal Reminiscences of a Great Crusade (Horace Marshall, 1896)
- Bridget O'Donnell, Inspector Minahan Makes a Stand: The Missing Girls of England (Picador, 2012)
- Alison Plowden, The Case of Eliza Armstrong (BBC, 1974)
- Ann Stafford, The Age of Consent (Hodder & Stoughton, 1964)
- William T. Stead, The Maiden Tribute of Modern Babylon (Pall Mall Gazette, 1885)
- Charles Terrot, The Maiden Tribute: A Study of the White Slave Traffic of the Nineteenth Century (Frederick Muller, 1959)
External links
- The W.T. Stead Resource Site
- The Criminal Law Amendment Act 1885 and Sexual Assault on Minors
- Criminal Law Amendment Act 1885 Archived 7 April 2023 at the Wayback Machine - a text of the law itself, including Section 11