Part of a series on |
LGBT rights in the United Kingdom |
---|
![]() |
By location |
Policy aspects |
Legislation |
Culture |
Organisations |
History |
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.
The Applicant, Mr Euan Sutherland was born in 1977, [1] and after realising he was homosexual, had his first sexual encounter with another homosexual man at the age of 16. Although the Applicant was never prosecuted, there was a justified fear that he may be since, in 1990, 455 prosecutions had given rise to 342 convictions and, in 1991, 213 prosecutions gave rise to 169 convictions. This fear led the Applicant to bring the complaint to the Commission.
Under section 12(1) of the Sexual Offences Act 1956 it was an offence for a person to commit buggery with another person and under section 13 it was an offence for a man to commit an act of "gross indecency" with another man, whether in public or private. The Sexual Offences Act 1967 stated that no offence is committed if both parties are aged 21 or over and consented to the acts.
The Commission considered the application and following a hearing published its findings on 1 July 1997. The published findings show that the Commission considered a very wide range of opinions and factors, including the rationale for a higher age of consent for homosexual acts, opinions from medical staff as to what a suitable age limit is and whether a different age for heterosexual and homosexual acts is discriminatory.
The commission, presided over by Stefan Trechsel, found that the existence of different age limits was discriminatory and that no valid grounds existed to justify that discrimination. They therefore found that the age of consent for homosexual acts should be lowered to 16. In arriving at their conclusion the commission cited their reasoning in the previous cases, Dudgeon v United Kingdom and Norris v. Ireland .
In response to the commission's findings the Applicant and the UK Government, on 13 October 1997, submitted an agreement that a Bill would be proposed to Parliament the summer of 1998 to reduce the age of consent for homosexual acts to 16. They agreed that once the legislation was passed the Government would pay reasonable costs and the parties would apply to the Court for approval of a friendly settlement.
The Government brought the Crime and Disorder Bill to Parliament in June 1998 which contained a provision to reduce the age of consent for homosexual acts to 16. Those provisions were accepted by the House of Commons, but were rejected by the House of Lords. The Sexual Offences (Amendment) Bill was introduced to the House of Commons on 16 December 1998 and the relevant provisions were again endorsed by that house, but were later rejected by the House of Lords.
The provisions were then reintroduced for a third time under the Parliament Acts such they could pass into force after a delay of one year.
On 28 January 2000, the Bill was re-introduced before the House of Commons and was passed by 263 votes to 102. It was then introduced into the House of Lords on 29 February 2000, where, on 11 April 2000 its Second Reading was not opposed, but some Lords stated they would propose amendments. As a result, the Bill was adopted under the Parliament Acts at the end of the 2000 Parliamentary year and the Sexual Offences (Amendment) Act 2000 received Royal Assent on 30 November 2000 and was brought into force on 8 January 2001.
Following a series of requests for extensions, the Court received notification from the Government on 23 January 2001 that the age of consent had been equalised and then on 1 February 2001 that the Government had paid the Applicant's costs. Accordingly, on 27 March 2001, the case was struck out of the Court's lists.
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one.
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'.
This is a list of notable events in the history of LGBT rights that took place in the year 2000.
The Criminal Law Amendment Act 1885, or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes," was an Act of the Parliament of the United Kingdom, the latest in a 25-year series of legislation in the United Kingdom of Great Britain and Ireland beginning with the Offences against the Person Act 1861. It raised the age of consent from 13 years of age to 16 years of age and delineated the penalties for sexual offences against women and minors. It also strengthened existing legislation against prostitution and homosexuality. This act was also notable for the circumstances of its passage in Parliament.
Chris Morris is an activist who, with Euan Sutherland, successfully challenged the British Government in the European Court of Human Rights and secured an equal age of consent for sexual activity between males. He went on to study psychology and work as a political speechwriter and consultant.
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.
The Bolton 7 were a group of gay and bisexual men who were convicted on 12 January 1998 in the United Kingdom before Judge Michael Lever at Bolton Crown Court of the offences of gross indecency under the Sexual Offences Act 1956. Although gay sex was partially decriminalised by the Sexual Offences Act 1967, they were all convicted under section 13 of the 1956 Act because more than two men had sex together, which was still illegal. One of the participants was also six months under the statutory age of consent for male gay sex: at the time, such an age was set at 18, while the heterosexual and lesbian age of consent was instead set at 16.
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.
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.
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.
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.
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.
The Homosexual Offences Order 1982, No. 1536, 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.
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).
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.
The Sexual Offences Act, 1957 is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution. Before the law relating to sex offences was consolidated and revised by the Criminal Law Amendment Act, 2007, it also prohibited various other sex offences, including sex with children under the age of consent and sex with the mentally incompetent. As the Immorality Act it was infamous for prohibiting sex between a white person and a person of another race, until that prohibition was removed by a 1985 amendment.
Lesbian, gay, bisexual and transgender (LGBTQ) rights in Western Australia have seen significant progress since the beginning of the 21st century, with male sex acts legal since 1990 and the state parliament passing comprehensive law reforms in 2002. The state decriminalised male homosexual acts in 1990 and was the first to grant full adoption rights to LGBT couples in 2002.
Article 365 of the Sri Lankan Penal Code criminalizes "carnal intercourse against the order of nature" and provides for a penalty of up to ten years in prison.