chapter  2
12 Pages

NOVELTY AS THE TRADITION OF LAW

Buggery as homosexual

Here it is used to name a new category of acts that are on the one hand in certain limited circumstances to be taken out of the calendar of criminal law and on the other hand are, in most instances, to remain criminal. In s. 1(7) the statute then goes on to explain the meaning of the ‘homosexual act’ in the following terms:

For the purposes of this section a man shall be treated as doing a homosexual act if, and only if, he commits buggery with another man or commits an act of gross indecency with another man or is a party to the commission by a man of such an act.