Wolfenden report

TheReport of the Departmental Committee on Homosexual Offences and Prostitution(better known as theWolfenden report,afterSir John Wolfenden,the chairman of the committee) was published in the United Kingdom on 4 September 1957 after a succession of well-known men, includingLord Montagu of Beaulieu,Michael Pitt-Rivers,John Gielgud,andPeter Wildebloodwere convicted ofhomosexualoffences.

Background

Under theCriminal Law Amendment Act 1885,anyhomosexualactivity between males was illegal. After theSecond World War,there had been an increase in arrests and prosecutions, and by the end of 1954, inEngland and Wales,there were 1,069 men in prison for homosexual acts, with a mean age of 37 years.^[1]During a time of several significant trials, notably that ofLord Montagu of Beaulieu,the Conservative government set up a departmental committee (in theHome OfficeandScottish Home Departmentresponsible for criminal law) underSir John Wolfendento consider both homosexual offences and prostitution.

Committee

The committee of 15 (4 women and 11 men) was led by Sir John Wolfenden (1906–1985), a former headmaster of bothUppingham Schooland ofShrewsbury School;and who in 1950 was appointed Vice Chancellor of theUniversity of Reading.^[2]He later became Director of theBritish Museum.

In addition to the chairman, the committee members were the following:

James Adair, formerProcurator-FiscalforGlasgow^[3]
Mary Cohen,^[3]vice-president of the City ofGlasgow Girl Guidesand chairwoman of the Scottish Association of Girls' Clubs
Desmond Curran,^[3]seniorpsychiatristatSt George's Hospital,London, and psychiatric consultant to theRoyal Navy
V. A. Demant,Anglo-Catholicpriest serving as Canon ofChrist Church, Oxford,andRegius Professor of Moral and Pastoral Theologyat theUniversity of Oxford^[3]
Sir Kenneth Diplock,RecorderofOxfordandHigh Court judge^[3]
Sir Hugh Linstead,Conservative Member of Parliament(MP) forPutney,barrister,and pharmaceutical chemist^[3]
Peter Kerr, 12th Marquess of Lothian,^[3]aForeign Officeminister
Kathleen Lovibond, chairwoman of the Uxbridge juvenilemagistrates' courtand member of theConservativewomen's organisation^[4]who became Mayor ofUxbridgein 1956^[5]
Victor Mishcon,solicitor andLabourmember and chairman of theLondon County Council^[6]
Goronwy Rees,Principal of theUniversity College of Wales, Aberystwyth^[6](resigned from the committee in April 1956)
R. F. V. Scott,Presbyterianminister ofSt Columba's Church, London(Church of Scotland)^[6](resigned from the committee in March 1956)
Lady (Lily) Stopford, ophthalmologist and magistrate^[6]
William Wells,Labour MP forWalsall Northand barrister^[6]
Joseph Whitby,general practitionerwith psychiatric experience^[6]

The committee first met on 15 September 1954 and met on 62 days, 32 of which were used for interviewing witnesses. Wolfenden suggested at an early stage that, for the sake of the ladies in the room, they use the termsHuntley & Palmersafter the biscuit manufacturers – Huntleys for homosexuals, and Palmers for prostitutes. Evidence was heard from police and probation officers, psychiatrists, religious leaders (who in those days were at the forefront of homosexuallaw reform^[7]), andgaymen whose lives had been affected by the law.

The estimated cost of preparing the report was £8,046 of which £735 represented the estimated cost of printing and publication. The secretary for the committee was W. C. Roberts (Home Office) and his assistant was E. J. Freeman (Scottish Home Department).

Getting gay men to give evidence proved to be very difficult for the committee: Wolfenden considered placing an advert in a newspaper or magazine, but the committee instead decided to locate three men willing to give evidence:Peter Wildeblood,Carl Winter,andPatrick Trevor-Roper.Wildeblood had been convicted and sent to prison. Winter was director of theFitzwilliam Museumand Trevor-Roper was an eye surgeon and brother of the historianHugh Trevor-Roper.In order to protect their identities, Trevor-Roper was referred to as the "Doctor" while Winter was referred to as "Mr White".^[8]

Recommendations

The committee recommended that "homosexual behaviour between consenting adults in private should no longer be a criminal offence".^[9]All but James Adair were in favour of this and, contrary to some medical and psychiatric witnesses' evidence at that time, found that "homosexuality cannot legitimately be regarded as a disease, because in many cases it is the only symptom and is compatible with full mental health in other respects." The report added:

The law's function is to preserve public order and decency, to protect the citizen from what is offensive or injurious, and to provide sufficient safeguards against exploitation and corruption of others... It is not, in our view, the function of the law to intervene in the private life of citizens, or to seek to enforce any particular pattern of behaviour.

The recommendedage of consentwas 21 years (theage of majorityin the UK then, though for mixed sex couples theage of consentwas 16 and 16-year-olds could marry with their parents' permission).

The report also discussed the rise in street prostitution at the time, which it associated with "community instability" and "weakening of the family". As a result, there was a police crackdown on street prostitution following the report^[10]and theStreet Offences Act 1959was passed.

Aftermath

The report's recommendations attracted considerable public debate, including an exchange of views in publications byLord Devlin,a leading British judge, whose ideas and publications argued against the report's philosophical basis, andH. L. A. Hart,a leading jurisprudential scholar, who provided argument in its support.

InThe Enforcement of Morals,Devlin states that the Wolfenden report "is recognized to be an excellent study of two very difficult legal and social problems".^[11]Devlin attacks the principle, derived fromJohn Stuart Mill'sOn Liberty,that the law ought not concern itself with "private immorality", saying that the report "requires special circumstances to be shown to justify the intervention of the law. I think that this is wrong in principle".^[12]

In late 1957, shortly after the report was published, the General Assembly of theChurch of England,by a vote of 155 to 138, passed a resolution "That this Assembly generally approves the principles on which the criminal law concerned with sexual behaviour should be based as stated by the Wolfenden Committee, and also its recommendations relating to homosexuality, but considers that the recommendations relating to prostitution require further study".^[13]

The recommendations eventually led to the passage of theSexual Offences Act 1967,applying to England and Wales only, that replaced the previouslaw on sodomycontained in theOffences against the Person Act 1861and the 1885Labouchere Amendmentwhich outlawed every homosexual act short of sodomy. The Act did not become law until a decade after the report was published in 1957.

The historian Patrick Higgins has described a number of flaws with the report: "its failure to understand or appreciate (except in the most negative terms) the importance of the homosexual subculture".^[14]^[15]

It later became known publicly, (in 2017), that Wolfenden's sonJeremy Wolfendenwas gay when historian Roger Lockyer stated the fact in aBBCinterview.^[16]^[3]

In 1997, John Wolfenden came 45th in thePink Paper’s list of the “top 500 lesbian and gay heroes”.^[17]

References

Wolfenden Report - 50th anniversary of the 1967 Sexual Offences Act- UK Parliament Living Heritage

Footnotes

^Higgins 1996,p. 56.
^Lewis 2016,p. 6.
^^a ^b ^c ^d ^e ^f ^g ^hLewis 2016,p. 7.
^Google Books website,Politics, Society and Homosexuality in Post-War Britain: The Sexual Offences,by Keith Dockray
^Lewis 2016,pp. 7–8.
^^a ^b ^c ^d ^e ^fLewis 2016,p. 8.
^Bedell, Geraldine(24 June 2007)."Coming out of the Dark Ages".The Observer.London: Guardian Media Group.Archivedfrom the original on 31 August 2013.Retrieved10 March2018.
^Higgins 1996,pp. 41–42.
^Lewis 2016,p. 275.
^Weeks 1981,p. 240.
^Devlin 1965.
^Devlin 1965,p. 11.
^"HOMOSEXUAL OFFENCES AND PROSTITUTION".Parliamentary Debates (Hansard).House of Lords. 4 December 1957. col. 734.Retrieved26 June2023.
^Hutton, Alice (4 November 2017)."Obituary: Gay rights pioneer Roger Lockyer".BBC.Retrieved14 October2024.
^Higgins 1996,p. 89.
^Hutton, Alice (4 November 2017)."Obituary: Gay rights pioneer Roger Lockyer".BBC.Retrieved14 October2024.
^Pink Paper(500). 26 September 1997. p. 19.

Bibliography

Berg, Charles (1959).Fear, Punishment, Anxiety and the Wolfenden Report.George Allen & Unwin.
Chesser, Eustace(1958).Live and Let Live: The Moral of the Wolfenden Report.Taylor Garnett & Evans.
Committee on Homosexual Offences and Prostitution (1957).Report of the Committee on Homosexual Offences and Prostitution.London: Her Majesty's Stationery Office.
Devlin, Patrick(1965).The Enforcement of Morals.London: Oxford University Press.ISBN 978-0-19-285018-8.Retrieved10 March2018.
Grey, Antony(1992).Quest for Justice: Towards Homosexual Emancipation.Sinclair-Stevenson.
Higgins, Patrick (1996).Heterosexual Dictatorship: Male Homosexuality in Postwar Britain.London: Fourth Estate.ISBN 978-1-85702-355-8.
Lewis, Brian (2016).Wolfenden's Witnesses: Homosexuality in Postwar Britain.Basingstoke, England: Palgrave Macmillan.doi:10.1057/9781137321503.ISBN 978-1-137-32150-3.
Weeks, Jeffery(1981).Sex, Politics and Society: The Regulation of Sexuality since 1800.London: Longman.