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In response to a wave
of sensationalism in the press about the prostitution of teenaged girls,
the British Parliament adopted the Criminal Law Amendment Act in 1885. During
the passage of the bill, Henry Labouchere introduced a clause late on the
night of August 6, 1885. This was accepted without debate and was rushed
through the third reading the following night, August 7. It was passed and
became Section II of the Act. This provided for a term of imprisonment not
exceeding two years, with or without hard labour, for any male person guilty
of an act of gross indecency with another male person in public or in private.
The effect of this was that any and every form of male homosexual expression
which offended the feelings of a jury became criminal. This law was dubbed
the "blackmailer's charter" and cast a shadow of criminality over
British homosexual life until its repeal 82 years later. It was used in
1895 to convict Oscar Wilde and to send him for two years hard labour in
prison.
The text of Section II of the Criminal Law Amendment Act,
1885 is as follows:
"Any male person who, in public or private, commits,
or is a party to the commission of, or procures, or attempts to procure
the commission by any male person of, any act of gross indecency shall
be guilty of misdemeanour, and being convicted shall be liable at the
discretion of the Court to be imprisoned for any term not exceeding two
years, with or without hard labour."
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