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Criminal Law Amendment Act 1885

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136: 306:, 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. 24: 655:
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
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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
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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
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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
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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
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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
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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
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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.
698:, 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 " 567:, 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. 419:
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
372:(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. 539:
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.
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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.
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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.
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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
487:". 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. 1054: 672: 532:
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.
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demurred from giving precise descriptions of activity considered immoral. In practice, "gross indecency" was widely interpreted as any male homosexual behaviour short of actual
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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
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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
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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
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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
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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
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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
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at the time was thus in favour of stricter legislation and harsher penalties for sexual offenders, and better treatment for women and children.
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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
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It raised the age of felonious assaults to 13 and misdemeanor assault between 13 and 16 as well as imbecile women and girls.
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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
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An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes.
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It made it a criminal offence to procure girls for prostitution by administering drugs, intimidation or fraud;
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only five sexual offences against minors were reported between January 1884 and the end of July 1885,
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It gave power to the court to remove a girl from her legal guardians if they condoned her seduction;
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extended to prostitution. While it was tolerated in the middle-class, concern about the spread of
443: 34: 563:, to his side and re-introduce Smith's amendment, which he did on 9 August. The Home Secretary, 337: 326: 667:
The Act was repealed for England and Wales by section 51 of, and the fourth schedule to, the
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It criminalised "gross indecency between males" — previously the only homosexual crime was "
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The bill for the amendment of the law took four years to bring to completion. It began when
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It made it a criminal offence to abduct a girl under 18 for purposes of carnal knowledge;
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government resigned over the budget. A minority caretaker government was formed under
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Even before the SPCC's "oath clause" was passed, another clause was introduced by MP
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In addition to the recommendations made by the SPCC, on 31 July 1885 Liverpool MP
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The Maiden Tribute: A Study of the White Slave Traffic of the Nineteenth Century
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It gave magistrates the power to issue search warrants to find missing females;
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to enact legislation for the protection of young girls from transportation to
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The bill passed easily in the House of Lords in 1883, but was dropped in the
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It punished householders who would permit under-age sex on their premises;
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It provided for summary proceedings to be taken against brothels; and
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to investigate and confirmed an increase in child prostitution and
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The Criminal Law Amendment Act 1885 and Sexual Assault on Minors
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The Criminal Law Amendment Act 1885 and Sexual Assault on Minors
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Attempt to commit the last Two Offences (sections 50 & 51).
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and other forms of maltreatment. Furthermore, groups like the
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Inspector Minahan Makes a Stand: The Missing Girls of England
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Carnally knowing a Girl between the Ages of Ten and Twelve.
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Even before the government crisis in June 1885, on 23 May,
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Hansard debates on the Criminal Law Amendment Bill 1885
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It raised the age of consent from 13 to 16 years of age;
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of the young. In addition, during the 1860s and 1870s,
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historical legislation that outlawed homosexual acts
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of what, exactly, constituted "gross indecency", as
1081:"Pardon for gay men convicted under abolished laws" 543:Outraged by this defeat, Stead condemned it in the 48:. Unsourced material may be challenged and removed. 370:Society for the Prevention of Cruelty to Children 1178: 1173:- a text of the law itself, including Section 11 518:The revelations caused an uproar. Copies of the 943:Carnally knowing a Girl under Ten Years of Age 680:Non-Fatal Offences against the Person Act 1997 651:of the accused to testify on his own behalf. 294:of a girl under the age of 10, and it was a 282:, the age of consent was 12 (reflecting the 321:, persuaded Parliament to pass a series of 252:United Kingdom of Great Britain and Ireland 685: 1103:Personal Reminiscences of a Great Crusade 396:for "immoral purposes". In response, the 108:Learn how and when to remove this message 1078: 442:These fears apparently became real when 1052: 428:through its increase of police powers. 1207:Prostitution law in the United Kingdom 1187:United Kingdom Acts of Parliament 1885 1179: 597: 375: 1053:Cowburn, Ashley (21 September 2016). 526: 483:from 6–10 July 1885 under the title " 231:Text of statute as originally enacted 1134:The Maiden Tribute of Modern Babylon 1079:Alderson, Reevel (15 October 2019). 1072: 608:Offences against the Person Act 1875 604:Offences against the Person Act 1861 485:The Maiden Tribute of Modern Babylon 304:Offences Against the Person Act 1875 280:Offences against the Person Act 1861 256:Offences against the Person Act 1861 46:adding citations to reliable sources 17: 673:Sexual Offences (Scotland) Act 1976 342:Society for the Suppression of Vice 13: 1202:Criminal law of the United Kingdom 1095: 610:. Its provisions were as follows: 14: 1223: 1147: 457: 386:Chamberlain of the City of London 176:England, Scotland, Wales, Ireland 57:"Criminal Law Amendment Act 1885" 452:general election later that year 248:Parliament of the United Kingdom 141:Parliament of the United Kingdom 134: 22: 1212:LGBTQ law in the United Kingdom 1164:Criminal Law Amendment Act 1885 384:, the anti-vice campaigner and 240:Criminal Law Amendment Act 1885 217:Criminal Law Amendment Act 1912 124:Criminal Law Amendment Act 1885 33:needs additional citations for 1129:(Hodder & Stoughton, 1964) 1046: 1020: 996: 971: 946: 921: 903: 1: 1197:19th century in LGBTQ history 780: 570: 273: 1154:The W.T. Stead Resource Site 896: 7: 1120:The Case of Eliza Armstrong 728: 707:Policing and Crime Act 2017 450:pending the holding of the 364:groups were concerned with 356:as the chief factor in the 10: 1228: 1005:According to a "survey of 991:, 1861 c. 100 (s. 52) 966:, 1861 c. 100 (s. 51) 941:, 1861 c. 100 (s. 50) 735:Criminal Law Amendment Act 662: 574: 461: 431:Despite the effort of the 120:United Kingdom legislation 1136:(Pall Mall Gazette, 1885) 229: 222: 212: 200: 195: 185: 180: 170: 157: 147: 133: 128: 1143:(Frederick Muller, 1959) 669:Sexual Offences Act 1956 464:The Eliza Armstrong Case 352:focused on the evils of 323:Contagious Diseases Acts 207:Sexual Offences Act 1956 172:Territorial extent  1105:(Horace Marshall, 1896) 686:Retroactive exoneration 490:With the assistance of 803:Report / Consideration 498:and former prostitute 327:unintended consequence 989:The National Archives 964:The National Archives 939:The National Archives 606:and the whole of the 1169:7 April 2023 at the 740:William Thomas Stead 577:Labouchere Amendment 472:, the editor of the 437:Sir William Harcourt 338:Social purity groups 42:improve this article 1192:1885 in British law 1108:Bridget O'Donnell, 1034:. 22 September 2016 787: 721:or convicted under 659:would take effect. 598:Passage and effects 376:The bill languishes 358:sexual exploitation 254:beginning with the 125: 1132:William T. Stead, 1127:The Age of Consent 1101:Josephine Butler, 984:legislation.gov.uk 959:legislation.gov.uk 934:legislation.gov.uk 785: 745:The Salvation Army 588:Victorian morality 527:The debate resumes 354:child prostitution 123: 894: 893: 657:decriminalisation 549:Congregationalist 520:Pall Mall Gazette 475:Pall Mall Gazette 417:Earl of Dalhousie 290:to have unlawful 244:48 & 49 Vict. 236: 235: 196:Other legislation 164:48 & 49 Vict. 129:Act of Parliament 118: 117: 110: 92: 1219: 1139:Charles Terrot, 1089: 1088: 1076: 1070: 1069: 1067: 1065: 1050: 1044: 1043: 1041: 1039: 1024: 1018: 1000: 994: 992: 975: 969: 967: 950: 944: 942: 925: 919: 918: 907: 788: 784: 770:Josephine Butler 583:Henry Labouchere 561:Attorney-General 413:House of Commons 402:select committee 350:Josephine Butler 315:venereal disease 292:carnal knowledge 258:. It raised the 224:Status: Repealed 173: 138: 137: 126: 122: 113: 106: 102: 99: 93: 91: 50: 26: 18: 1227: 1226: 1222: 1221: 1220: 1218: 1217: 1216: 1177: 1176: 1171:Wayback Machine 1150: 1112:(Picador, 2012) 1098: 1096:Further reading 1093: 1092: 1077: 1073: 1063: 1061: 1059:The Independent 1051: 1047: 1037: 1035: 1026: 1025: 1021: 1001: 997: 977: 976: 972: 952: 951: 947: 927: 926: 922: 915:www.swarb.co.uk 909: 908: 904: 899: 783: 775:Rebecca Jarrett 750:Catherine Booth 731: 700:Alan Turing law 688: 665: 600: 579: 573: 529: 500:Rebecca Jarrett 466: 460: 426:civil liberties 378: 317:, specifically 311:double standard 276: 225: 171: 143: 135: 121: 114: 103: 97: 94: 51: 49: 39: 27: 12: 11: 5: 1225: 1215: 1214: 1209: 1204: 1199: 1194: 1189: 1175: 1174: 1161: 1156: 1149: 1148:External links 1146: 1145: 1144: 1137: 1130: 1125:Ann Stafford, 1123: 1116:Alison Plowden 1113: 1106: 1097: 1094: 1091: 1090: 1071: 1045: 1019: 995: 970: 945: 920: 901: 900: 898: 895: 892: 891: 888: 883: 875: 864: 856: 853: 849: 848: 840: 835: 830: 825: 820: 815: 811: 810: 807: 804: 801: 798: 797:Second reading 795: 792: 782: 779: 778: 777: 772: 767: 765:Benjamin Scott 762: 760:Bramwell Booth 757: 752: 747: 742: 737: 730: 727: 690:Following the 687: 684: 664: 661: 648: 647: 646: 645: 638: 635: 632: 629: 626: 623: 620: 617: 599: 596: 575:Main article: 572: 569: 553:Benjamin Waugh 528: 525: 496:Salvation Army 492:Bramwell Booth 462:Main article: 459: 458:Armstrong Case 456: 448:Lord Salisbury 433:Home Secretary 398:House of Lords 390:Lord Granville 382:Benjamin Scott 377: 374: 362:child advocacy 334:Public opinion 275: 272: 260:age of consent 234: 233: 227: 226: 223: 220: 219: 214: 210: 209: 204: 198: 197: 193: 192: 191:14 August 1885 189: 183: 182: 178: 177: 174: 168: 167: 161: 155: 154: 151: 145: 144: 139: 131: 130: 119: 116: 115: 30: 28: 21: 9: 6: 4: 3: 2: 1224: 1213: 1210: 1208: 1205: 1203: 1200: 1198: 1195: 1193: 1190: 1188: 1185: 1184: 1182: 1172: 1168: 1165: 1162: 1160: 1157: 1155: 1152: 1151: 1142: 1138: 1135: 1131: 1128: 1124: 1121: 1117: 1114: 1111: 1107: 1104: 1100: 1099: 1086: 1082: 1075: 1060: 1056: 1049: 1033: 1029: 1023: 1015: 1010: 1009: 1004: 999: 990: 986: 985: 980: 974: 965: 961: 960: 955: 949: 940: 936: 935: 930: 924: 916: 912: 906: 902: 889: 887: 884: 882: 879: 876: 874: 871: 868: 865: 863: 860: 857: 854: 851: 850: 847: 844: 841: 839: 836: 834: 831: 829: 826: 824: 821: 819: 816: 813: 812: 808: 806:Third reading 805: 802: 799: 796: 794:First reading 793: 790: 789: 776: 773: 771: 768: 766: 763: 761: 758: 756: 755:William Booth 753: 751: 748: 746: 743: 741: 738: 736: 733: 732: 726: 724: 720: 717:men who were 716: 712: 709:serves as an 708: 703: 701: 697: 693: 683: 681: 676: 674: 670: 660: 658: 652: 644:" (anal sex). 643: 639: 636: 633: 630: 627: 624: 621: 618: 615: 614: 613: 612: 611: 609: 605: 595: 593: 589: 584: 578: 568: 566: 562: 559:, the former 558: 554: 550: 546: 541: 538: 533: 524: 521: 516: 513: 509: 506:area of west 505: 501: 497: 493: 488: 486: 482: 477: 476: 471: 465: 455: 453: 449: 445: 440: 438: 434: 429: 427: 423: 418: 414: 409: 407: 406:white slavery 403: 399: 395: 394:the Continent 391: 388:, approached 387: 383: 373: 371: 367: 363: 359: 355: 351: 347: 343: 339: 335: 331: 328: 324: 320: 316: 312: 307: 305: 301: 297: 293: 289: 285: 281: 271: 269: 268:homosexuality 265: 261: 257: 253: 249: 245: 241: 232: 228: 221: 218: 215: 211: 208: 205: 203: 199: 194: 190: 188: 184: 179: 175: 169: 165: 162: 160: 156: 152: 150: 146: 142: 132: 127: 112: 109: 101: 90: 87: 83: 80: 76: 73: 69: 66: 62: 59: –  58: 54: 53:Find sources: 47: 43: 37: 36: 31:This article 29: 25: 20: 19: 16: 1140: 1133: 1126: 1119: 1109: 1102: 1084: 1074: 1064:22 September 1062:. 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Stead 284:common law 278:Under the 274:Background 213:Relates to 149:Long title 68:newspapers 1014:The Times 1008:The Times 897:Citations 809:Returned 800:Committee 719:cautioned 551:minister 422:Whit Week 400:formed a 346:feminists 340:like the 98:June 2013 1167:Archived 1085:BBC News 1032:BBC News 852:Commons 729:See also 319:syphilis 159:Citation 917:. 1885. 663:Repeals 642:buggery 545:Gazette 512:brothel 494:of the 481:Gazette 348:led by 82:scholar 1017:half." 870:Jul 31 867:Jul 30 859:May 22 846:Aug 10 833:Apr 30 828:Apr 28 823:Apr 13 818:Mar 26 814:Lords 715:pardon 592:sodomy 508:London 288:felony 84:  77:  70:  63:  55:  886:Aug 7 881:Aug 7 878:Aug 6 873:Aug 3 862:Jul 9 843:Aug 7 838:May 1 791:House 309:This 181:Dates 166:c. 69 89:JSTOR 75:books 1066:2016 1040:2016 890:N/A 855:N/A 705:The 344:and 300:rape 266:and 238:The 61:news 713:to 702:". 694:of 44:by 1183:: 1118:, 1083:. 1057:. 1030:. 987:, 981:, 962:, 956:, 937:, 931:, 913:. 725:. 682:. 675:. 435:, 1087:. 1068:. 1042:. 242:( 111:) 105:( 100:) 96:( 86:· 79:· 72:· 65:· 38:.

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"Criminal Law Amendment Act 1885"
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Parliament of the United Kingdom
Long title
Citation
48 & 49 Vict.
Commencement
Repealed by
Sexual Offences Act 1956
Criminal Law Amendment Act 1912
Text of statute as originally enacted
48 & 49 Vict.
Parliament of the United Kingdom
United Kingdom of Great Britain and Ireland
Offences against the Person Act 1861
age of consent
prostitution
homosexuality
Offences against the Person Act 1861
common law
felony

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