Labouchere Amendment - Origin

Origin

The Criminal Law Amendment Bill, 1885, was introduced to outlaw sex between men and underage girls. Henry Labouchere proposed his amendment at the last minute. Frank Harris, a contemporary, wrote that Labouchere proposed the amendment in order to make the law seem "ridiculous" and thus discredit it in its entirety; some historians agree, citing Labouchere's habitual obstructionism and other attempts to sink this bill by the same means, while others write that his role in the Cleveland Street scandal and the context of the law in controlling male sexuality suggest a sincere attempt. The amendment was rushed through and passed in the early hours of August 7, 1885, becoming section 11 of the Act. One member, Mr Charles Warton, questioned whether Labouchere's amendment had anything to do with the original intent of the bill, the prohibition of sexual assault against young women, and prostitution. Speaker Arthur Peel responded that under procedural rules any amendment was permitted as long as Parliament permitted it.

The former Attorney-General, Sir Henry James, while supporting the amendment, objected to the leniency of the sentence, and wanted to increase the penalty to two years' hard labour. Labouchere agreed, and the amendment was passed.