Homosexual Offences (Northern Ireland) Order 1982

Last updated

Homosexual Offences (Northern Ireland) Order 1982
Statutory Instrument
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Citation 1982 No. 1536 (N.I. 19)
Dates
Made27 October 1982
Commencement 9 December 1982
Other legislation
Made under Northern Ireland (Temporary Provisions) Act 1972
Amended by Criminal Justice and Public Order Act 1994
Sexual Offences (Amendment) Act 2000
Sexual Offences Act 2003
Relates to Sexual Offences Act 1967
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Homosexual Offences (Northern Ireland) Order 1982, No. 1536 (N.I. 19), is an Order in Council which decriminalized homosexual acts between consenting adults in Northern Ireland. The Order was adopted as a result of a European Court of Human Rights case, Dudgeon v. United Kingdom (1981), which ruled that Northern Ireland's criminalisation of homosexual acts between consenting adults was a violation of Article 8 of the European Convention on Human Rights.

Contents

A draft of the Order, laid before Parliament in July 1982, was approved by the House of Commons on 25 October by a vote of 168 to 21, and by the House of Lords on 26 October by simple voice vote.

The homosexual age of consent fixed by the Order (21) was higher than the heterosexual age of consent in the rest of the United Kingdom, which had been set at 16 for decades, and also higher than the heterosexual age of consent in Northern Ireland, which had been set at 17 for decades, but was equal to the homosexual age of consent in England, which was also 21 at this time. The ages of consent for homosexual and heterosexual acts in Northern Ireland were eventually equalised at 17 by the Parliament of the United Kingdom with the passage of the Sexual Offences (Amendment) Act 2000.

To bring Northern Ireland in line with the rest of the United Kingdom, the Sexual Offences (Northern Ireland) Order 2008 [1] reduced the age of consent to 16. [2]

See also

Related Research Articles

<span class="mw-page-title-main">Wolfenden report</span> Departmental committee report (1957)

The Report of the Departmental Committee on Homosexual Offences and Prostitution was published in the United Kingdom on 4 September 1957 after a succession of well-known men, including Lord Montagu of Beaulieu, Michael Pitt-Rivers, John Gielgud, and Peter Wildeblood were convicted of homosexual offences.

<span class="mw-page-title-main">Sexual Offences (Amendment) Act 2000</span> United Kingdom legislation

The Sexual Offences (Amendment) Act 2000 (c.44) is an Act of the Parliament of the United Kingdom. It set the age of consent for male homosexual sexual activities and for heterosexual anal sex at 16, which had long been the age of consent for all other types of sexual activities, such as vaginal sex or lesbian sex. As such, it made the age of consent for all types of sexual acts equal, without discrimimating on the basis of the type of act or of the sexes of those involved in the act. It also introduced the new offence of 'having sexual intercourse or engaging in any other sexual activity with a person under 18 if in a position of trust in relation to that person'.

<span class="mw-page-title-main">OutRage!</span> British advocacy group for LGBT+ rights

OutRage! was a British political group focused on lesbian and gay rights. Founded in 1990, the organisation ran for 21 years until 2011. It described itself as "a broad based group of queers committed to radical, non-violent direct action and civil disobedience" and was formed to advocate that lesbian, gay and bisexual people have the same rights as heterosexual people, to end homophobia and to affirm the right of queer people to their "sexual freedom, choice and self-determination".

<span class="mw-page-title-main">LGBTQ rights in the United Kingdom</span>

The rights of lesbian, gay, bisexual, and transgender (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.

X. v. the United Kingdom was a 1978 case before the European Court of Human Rights, challenging the Sexual Offences Act 1956 in the United Kingdom. The case addressed privacy protections and age of consent laws for homosexuals.

Sutherland v United Kingdom originated as a complaint by Mr Euan Sutherland to the European Commission of Human Rights that the fixing of the minimum age for lawful homosexual activities at 18 rather than 16, as for heterosexual activities, violated his right to respect for private life under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The complaint was first filed on 8 June 1994 and ultimately led to the equalisation of the age of consent for homosexual and heterosexual acts.

Save Ulster from Sodomy was a political campaign launched in 1977 by Ian Paisley, MP, then leader of the Democratic Unionist Party (DUP) and Free Presbyterian Church, to prevent the decriminalisation of homosexuality in Northern Ireland. The campaign was ultimately unsuccessful.

<span class="mw-page-title-main">Sexual Offences Act 1967</span> United Kingdom legislation

The Sexual Offences Act 1967 is an act of Parliament in the United Kingdom. It legalised homosexual acts in England and Wales, on the condition that they were consensual, in private and between two men who had attained the age of 21. The law was extended to Scotland by the Criminal Justice (Scotland) Act 1980 and to Northern Ireland by the Homosexual Offences Order 1982.

Section 11 of the Criminal Law Amendment Act 1885, commonly known as the Labouchere Amendment, made "gross indecency" a crime in the United Kingdom. In practice, the law was used broadly to prosecute male homosexuals where actual sodomy could not be proven. The penalty of life imprisonment for sodomy was also so harsh that successful prosecutions were rare. The new law was much more enforceable. Section 11 was repealed and re-enacted by section 13 of the Sexual Offences Act 1956, which in turn was repealed by the Sexual Offences Act 1967, which partially decriminalised male homosexual behaviour.

The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.

<span class="mw-page-title-main">Ages of consent in Europe</span> Legal ages for sexual activities in Europe

The age of consent varies by jurisdiction across Europe. The ages of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16.

Age of consent reform is an effort to change age of consent laws. Proposed reforms typically include raising, lowering, or abolishing the age of consent, applying close-in-age exemptions, changing penalties, or changing how cases are examined in court. A related issue is whether or not to enforce ages of consent on homosexual relationships that are different from those enforced on heterosexual relationships. Organized efforts have ranged from academic discussions to political petitions.

Restrictions on sexual activity involving minors in the United Kingdom and its predecessors have existed since medieval times. During the 1970s, there was some political advocacy in favour of significantly reducing the age of consent, supported by various 'youth liberation' organizations and mostly by members of the Paedophile Information Exchange. Meanwhile, over a similar time period, the unequal age of consent for straight and gay young people was campaigned against by the LGBT rights movement. More recently arguments have occasionally been made in favour of reducing the age of consent, generally to an earlier point in adolescence.

<i>National Coalition for Gay and Lesbian Equality v Minister of Justice</i> South African legal case

National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.

<span class="mw-page-title-main">Criminal Justice (Scotland) Act 1980</span> United Kingdom legislation

The Criminal Justice (Scotland) Act 1980 is an act of Parliament in the United Kingdom. Most of the act's provisions were merely a consolidation of already existing legislation, and as such subject to little controversy, with the notable exception was section 80, which partially decriminalised private homosexual acts between consenting adults in Scotland.

Criminal Law Amendment Act is a stock short title used for legislation in the United Kingdom, the Republic of Ireland, Canada, India, Pakistan and South Africa which amends the criminal law. It tends to be used for Acts that do not have a single cohesive subject matter.

<span class="mw-page-title-main">LGBT rights in Northern Ireland</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Northern Ireland enjoy most of the same rights as non-LGBT people. However, the advancement of LGBT rights has traditionally been slower than the rest of the United Kingdom, with the region having lagged behind England, Scotland, and Wales. Northern Ireland was the last part of the United Kingdom where same-sex sexual activity was decriminalised, the last to implement a blood donation “monogamous no waiting period” policy system for men who have sex with men and, after intervention by the Parliament of the United Kingdom, the last to allow same-sex marriage. Compared to the neighbouring Republic of Ireland, all major LGBT rights milestones had been reached earlier in Northern Ireland, with the exception of same-sex marriage. Homosexuality was decriminalised in Northern Ireland a decade earlier and civil partnerships were introduced six years earlier.

<i>Toonen v. Australia</i> Court case

Toonen v. Australia was a landmark human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian resident Nicholas Toonen in 1994. The case resulted in the repeal of Australia's last sodomy laws when the Committee held that sexual orientation was included in the antidiscrimination provisions as a protected status under the International Covenant on Civil and Political Rights (ICCPR).

<span class="mw-page-title-main">Sodomy law</span> Laws criminalising certain sexual acts

A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.

<span class="mw-page-title-main">Sexual offences in the United Kingdom</span>

There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland.

References

  1. Statutory Instrument 2008/1769
  2. "NI age of consent to be lowered". BBC News. 20 November 2007. Retrieved 27 March 2008.