By Leslie Moran
This article bargains an realizing of the histories of the modern felony culture and their present operation utilizing particular examples, resembling the impression of a court docket case over an alleged breach of the peace whilst males kissed in public. It seems to be at how felony discourse is built to put homosexuality in a truly particular band of law and specializes in homosexual and civil rights, equality less than the legislations and social attitudes in the direction of homosexuals.
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Additional resources for The Homosexual(ity) of Law
Following this line of argument the committee proposed that the maximum penalty for buggery should be fragmented as follows: a) A maximum penalty of life imprisonment would apply to those situations where an act of buggery was performed with a male person under the age of sixteen. b) A maximum penalty of ten years would be applicable to all acts of indecent assault. Indecent assault would not only embrace all acts of buggery or gross indecency committed against the will of the other party, whatever his age, but would also cover all acts of gross indecency committed with boys under sixteen.
In the final proposals of reform, the committee adopted the changes to the penalties to be attached to buggery, signifying a willingness to erase buggery as a distinct offence, and at the same time advocated the retention of the term ‘buggery’. Thereby the Wolfenden Committee attempted to ensure that, while buggery might be retained in the law as a distinctive offence, in practice it might have no practical effect as a distinctive offence. However, Wolfenden’s suggestion that this contradictory state of affairs would have ‘no practical effect’ should be treated with some caution.
Nor did they evidence a significant difference in social, occupational or educational levels. There was no evidence of any difference in the level of offenders found suitable for treatment and recidivism was no higher than among those convicted of other offences. Nor was there any evidence to support the suggestion that buggery was a particular physical or psychological danger to the parties taking part in the act. Finally, they found no evidence to support the conclusion that buggery was a serious threat to society.
The Homosexual(ity) of Law by Leslie Moran