词条 | Sexual Offences Act 1967 |
释义 |
|short_title = Sexual Offences Act, 1967 |parliament = Parliament of the United Kingdom |long_title = An Act to amend the law of England and Wales relating to homosexual acts. |year = 1967 |statute_book_chapter = 1967 c. 60 |introduced_by = Leo Abse and Lord Arran |territorial_extent = England & Wales |royal_assent = {{start date|1967|7|27|df=y}} |commencement = |repeal_date = |amendments = Sexual Offences Act 2003 |related_legislation = {{Plainlist}}
|repealing_legislation = |status = Amended |original_text = http://www.legislation.gov.uk/ukpga/1967/60/pdfs/ukpga_19670060_en.pdf |legislation_history = |revised_text = http://www.legislation.gov.uk/ukpga/1967/60 |}} The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom (citation 1967 c. 60). It decriminalised homosexual acts in private between two men, both of whom had to have attained the age of 21. The Act applied only to England and Wales and did not cover the Merchant Navy or the Armed Forces. Homosexual acts were decriminalised in Scotland by the Criminal Justice (Scotland) Act 1980, which took effect on 1 February 1981,[1] and in Northern Ireland by the Homosexual Offences (Northern Ireland) Order 1982. Legislative historyIn the 1960s, a Labour MP, Leo Abse, and a Conservative peer, Lord Arran, put forward proposals to change the way in which criminal law treated homosexual men by means of the Sexual Offences Bill. This attempt to liberalise the law relating to male homosexuality can be placed in a context of the rising number of prosecutions of homosexual men.{{dubious|prosecutions peaked in the 1950s|date=May 2018}} In his 1965 Sexual Offences Bill, Lord Arran drew heavily upon the findings of the Wolfenden Report (1957) which recommended the decriminalisation of certain homosexual offences. The Wolfenden committee had been set up to investigate homosexuality and prostitution in 1954, and included on its panel a judge, a psychiatrist, an academic and various theologians. They came to the conclusion (with one dissenter) that criminal law could not credibly intervene in the private sexual affairs of consenting adults in the privacy of their homes. The position was summarised by the committee as follows: “unless a deliberate attempt be made by society through the agency of the law to equate the sphere of crime with that of sin, there must remain a realm of private that is in brief, not the law's business” (Wolfenden Report, 1957). There was no political impetus after the publication of the Wolfenden report to legislate on this matter, but by 1967 the Labour Government of the time showed support for Lord Arran's mode of liberal thought. It was considered that criminal law should not penalise homosexual men, already the object of ridicule and derision. The comments of Roy Jenkins, Home Secretary at the time, captured the government's attitude: "those who suffer from this disability carry a great weight of shame all their lives" (quoted during parliamentary debate by The Times on 4 July 1967). Jenkins himself had had homosexual relationships. According to gay activist Peter Tatchell, dissent against the bill could be summed up by the Earl of Dudley's 16 June 1966[2] statement that "[homosexuals] are the most disgusting people in the world... Prison is much too good a place for them; in fact, that is a place where many of them like to go—for obvious reasons."[3] The Bill received royal assent on 27 July 1967 after an intense late night debate in the House of Commons. Lord Arran, in an attempt to minimise criticisms that the legislation would lead to further public debate and visibility of issues relating to homosexual civil rights made the following qualification to this "historic" milestone: "I ask those [homosexuals] to show their thanks by comporting themselves quietly and with dignity… any form of ostentatious behaviour now or in the future or any form of public flaunting would be utterly distasteful… [And] make the sponsors of this bill regret that they had done what they had done" (quoted during Royal Assent of the bill by The Times newspaper on 28 July 1967). The legal consequence of the legislation is often described as partial decriminalisation of male homosexuality as the act introduced a strict exemption from prosecution (distinct from a full decriminalisation), the implication of this being that outside this exemption, technically speaking, homosexual acts continued to be a punishable offence in and of themselves. Peter Tatchell in his 1992 book Europe in The Pink claims that the legislation facilitated an increase in prosecutions against homosexual men. DebateNo subsequent reconsideration of the issue of male homosexuality in statutory law took place in England and Wales until the late 1970s. In 1979, the Home Office Policy Advisory Committee's Working Party report Age of Consent in relation to Sexual Offences recommended that the age of consent for homosexual acts should be 18. This was rejected at the time, in part due to fears that further decriminalisation would serve only to encourage younger men to experiment sexually with other men, a choice that some at the time claimed would place such an individual outside of wider society. Amendments
See also{{Portal|1960s|LGBT|United Kingdom}}
References1. ^{{Cite web |url=http://hansard.millbanksystems.com/written_answers/1980/dec/17/the-criminal-justice-scotlandact-1980 |title=Criminal Justice (Scotland) Act 1980 |work=Hansard |date=17 December 1980 |via=hansard.millbanksystems.com |access-date=2017-09-04 }} 2. ^{{cite web|last1=Earl of Dudley|title=SEXUAL OFFENCES BILL [H.L.] (Hansard, 16 June 1966)|url=http://hansard.millbanksystems.com/lords/1966/jun/16/sexual-offences-bill-hl#S5LV0275P0_19660616_HOL_91|website=hansard.millbanksystems.com|accessdate=27 January 2018}} 3. ^{{cite news|last1=Bedell|first1=Geraldine|title=Coming out of the dark ages|url=https://www.theguardian.com/society/2007/jun/24/communities.gayrights|accessdate=27 January 2018|work=the Guardian|date=24 June 2007|language=en}} Sources
External links
| title = Original text of the Sexual Offences Act 1967 | publisher = Office of Public Sector Information | url = http://www.opsi.gov.uk/acts/acts1967/pdf/ukpga_19670060_en.pdf | format = PDF | accessdate = 2008-03-27}}
| title = Text of the Sexual Offences Act 1967 as amended and in force today | publisher = UK Statute Law Database | url = http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1186262 | accessdate = 2008-03-27}}
5 : United Kingdom Acts of Parliament 1967|LGBT law in the United Kingdom|Sex crimes in the United Kingdom|1967 in LGBT history|Gay history |
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