** I posted the article below to the net last night (11.06.92). However, at the time the system appeared to be suffering from a severe lack of disc space. I have therefore re-posted the article as it is not clear whether it arrived on the net. My apologies if I did in fact arrive. ** Several months ago I was asked to explain how the UK laws relating to sexual offences worked. I have enclosed a summary of them below. Buggery at common law consists in intercourse per anum by a man with a man or a woman or intercourse per anum or per vaginam by a man or a woman with an animal. It can be committed by a husband with his wife (Jellyman 1838). Consent is no defence. The consenting party is also guilty of the offence as a principal offender. Sexual Offences Act (1956) Section 12 (1) : "It is an offence for a person to commit buggery wtih another person or with an animal." BUT Sexual Offences Act (1967) Section 1 - it shall not be an offence for a man to commit buggery or gross indecency with another man provided that : (i) The act is done is private (ii) The parties consent and (iii) The parties have attained the age of 21 An act is not done in private for the purpose if (i) more than two persons take part or are present or (ii) the act is done in a lavatory to which the public have or are permitted to have access. A person suffering from severe mental handicap cannot consent - Sexual Offences Act (1956) Section 45. An act of buggery or gross indecency continues to be an offence where it is done on a United Kingdom merchant ship by a member of the crew of that ship with another man who is a member of that crew of that or any other merchant ship - Section 2 (67 act) Similar provisions exist under the Army Act (1955) and the Air Force Act (1955) Under Section 12 (1) it continues to be an offence for a man to commit buggery with a woman though both parties consent. There may be conspiracy to corrupt public morals by publicly encouraging homosexual acts - Knuller -V- Director of Public Prosecutions (1973) A person under the age of 14 cannot be convicted of buggery -Hogan (1962) Section 4 of the Sexual Offences Act (1967) creates a new offence of procuring another man to commit with a 3rd man an act of buggery which by reason of Section 1 of the act (see above) is not an offence. This carries a maximum of 2 years imprisonment. Section 13 Sexual Offences Act (1956) : "It is an offence for a man to comit an act of gross indecency with another man, whether in public or private or to be party to the commission by a man of an act of gross indecency with another man, or to procure the commission by a man of an act of gross indecency with another man." (This section is subject to the defence given above in Section 1 of the 67 act) Courtie (1984) defines these offences. There now appears to be two types: (i) by a man or over of 21 with a man under that age (5 years) and (ii) other offences (2 years) Penalties --------- Sexual Offences Act (1967) Section 3 - (Buggery) (i) If with a boy under the age of 16 or with a woman or an animal - life (ii) If with a man who is sixteen or over who did not consent - 10 years (iii) If with a man between sixteen and twenty-one who consented where the Defendant is twenty-one or over - 5 years (iv) If with a man of twenty-one or over who consented (Whatever the Defendant's age) - 2 years (v) If with a man of sixteen or over who consented and the Defendant is under twenty-one - 2 years. Section 32 of the Sexual Offences Act (1956) : "It is an offence for a man persistently to solicit or importune in a public place for immoral purposes." This basically covers all the offences which relate to Homosexuality in the United Kingdom. If anyone has got an specific questions then I would be more than happy to try and answer them. -- **************************************************** * Graham Wilson * lsg001@uk.ac.cov.cck * * LL.B. Law * Coventry University * **********Life Sucks - But Death Swallows***********