What Is Buggery Law?

What Is Buggery Law
What is buggery ? A 23-year-old woman sitting in a group of her peers discussing the issue of buggery and whether the law making it a criminal act should be repealed seemed a little uncomfortable and could not help asking, “What is buggery?” Her question was very instructive as it is often assumed that persons know what these sexual acts entail and may unknowingly engage in them in consensual or coerced situations.

Buggery is historically referred to as a ‘crime against nature’. Buggery, also known as sodomy, is defined as anal intercourse between a man and another man, a woman, or an animal (Collins English Dictionary). As a British English term, buggery is close in meaning to the term sodomy and is often commonly used today.

The word bugger is still commonly used in modern English as a mild exclamation for disgusting acts. English law Buggery is a detestable crime, contrary to the order of nature as a sex act by mankind with mankind or with brute beasts, or by womankind with brute beasts.

Buggery is a specific common-law offence, encompassing both sodomy and bestiality. Originating in English law, buggery was first used in the Buggery Act 1533, while Section 61 of the Offences against the Person Act 1861, titled ‘Sodomy and Bestiality’, defined punishments for “the abominable crime of buggery, committed either with mankind or with any animal”.

The definition of buggery was not specified in these or any statute, but rather established by judicial precedent. (Halsbury’s Laws of England.) Unnatural intercourse Over the years, the courts have defined buggery to include either anal intercourse by a man with a man or woman, or vaginal intercourse by either a man or a woman with an animal.

But it does not include any other form of “unnatural intercourse”. Under the law, if one is charged with buggery, neither consent nor the act of marriage can serve as a defence. In the United Kingdom, the punishment for buggery was reduced from hanging to life imprisonment by the Offences against the Person Act 1861.

As with the crime of rape, buggery required that penetration must have occurred, but ejaculation is not necessary. To be charged for buggery, it must be proven that penetration took place, or by having successful tests on blood or semen to show that there was actual intercourse.

If this is not successful, there may be a lesser charge of gross indecency. Anal sex Over time, laws have changed in keeping with contemporary approaches to sexual intimacy. Anal sex between consenting adults is no longer a crime. In most jurisdictions in England and Wales, homosexual buggery was decriminalised in 1967 and the age of consent was raised.

The Sexual Offences Act 2003 fully removed buggery as a concept in British law, introducing an equal age of consent and not differentiating between vaginal and anal sex. Abolition of the offence of non-consensual buggery between persons was abolished in 1993 in the Republic of Ireland as criminal prosecutions for buggery had not taken place for years.

  • However, the 1993 act created an offence of “buggery with a person under the age of 17 years” to give protection to children, viewing the act as “defilement of a child”, encompassing both “sexual intercourse” and “buggery”.
  • However, the act of buggery by way of bestiality is still unlawful under Section 61 of the Offences against the Person Act of 1861.

Earlier this year, a man was prosecuted under this Section after a woman died as a result of an allergic reaction after he had intercourse with his dog. (Reilly and Gavan, 2011)

Buggery of an animalThis offence is not too common today and, when discovered, raises public disgust to the point of violent attacks on the perpetrator. Encouraging tolerance towards bestiality, the public should weigh the act against the following parameters: Was the act committed in private? Is it likely to be repeated? Was injury done to the animal? Was the animal commercially exploited? Were children involved in the offence?Violence against women

Buggery is also considered gross indecency in the act of anal, sexual intercourse without consent, traumatising victims and leaving them in pain. Where anal intercourse takes place without consent, there should be a charge for rape as proposed by women’s organisations.

The 1999 UN General Assembly’s designation of November 25 as International Day for the Elimination of Violence against Women serves to highlight the fact that acts like sodomy are violent acts against women. Violence against women and girls is pandemic with at least one out of every three women around the world beaten, coerced into sex, or otherwise abused in her lifetime.

The abuser is usually someone she knows. Buggery and HIV In his article on ‘Buggery & Health’ in The Sunday Gleaner (November 13, 2011), Byron Buckley wrote extensively on buggery as a public-health issue in the context of “a consistent increase in HIV incidence among homosexual men since the late 1990s”.

  • This increase among homosexual men is attributed to unprotected anal intercourse compromising the advances in the prevention and treatment for HIV/AIDS.
  • Buckley further added that compared with other sexually active adults, men who have sex with men are more likely to be infected with several other sexually transmitted diseases.
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At a recent meeting of the UNAIDS Caribbean regional support team, it was announced that HIV prevalence rates were significantly higher among men who engaged in sex with men in countries where buggery laws were not repealed. Risky sex Anal sex is risky as the cell walls of the rectum are very thin and are easily torn on penetration.

Before inserting foreign objects, they should be checked to see if they are free from sharp and rough edges. It is recommended that lubricated condoms and latex gloves be used for anal sex. Symptoms of injury in anal sex include abdominal pain, sudden change in the number of times for defecation and black and bloody stools.

Abolish buggery laws There have been calls from several sectors, including the United Nations Human Rights Committee, for Jamaica to abolish its buggery laws. Some persons believe that legitimising homosexuality will reduce the incidence of HIV/AIDS. However, there is no guarantee that this will happen unless safe sex is practised all the time during anal penetration.

  1. It is interesting to note that Britain scrapped the homosexuality laws in its five Caribbean territories after legislatures refused to do so.
  2. The British Privy Council, which acts as the highest court for the territories, decriminalised homosexual activities between adults in private.
  3. The order, which is already in effect, applies to Anguilla, the Cayman Islands, the British Virgin Islands, Montserrat and the Turks and Caicos.

The British government had for years experienced great difficulty in persuading local politicians to repeal the laws in island legislatures. Anti-gay laws in the islands violate human rights agreements signed by Britain. Buggery morphed into anal sex today is practised among two consenting adults, so if the act is repealed, then the word ‘buggery’ would no longer be used in everyday language.
A 23-year-old woman sitting in a group of her peers discussing the issue of buggery and whether the law making it a criminal act should be repealed seemed a little uncomfortable and could not help asking, “What is buggery?” Her question was very instructive as it is often assumed that persons know what these sexual acts entail and may unknowingly engage in them in consensual or coerced situations.

  • Buggery is historically referred to as a ‘crime against nature’.
  • Buggery, also known as sodomy, is defined as anal intercourse between a man and another man, a woman, or an animal (Collins English Dictionary).
  • As a British English term, buggery is close in meaning to the term sodomy and is often commonly used today.

The word bugger is still commonly used in modern English as a mild exclamation for disgusting acts. English law Buggery is a detestable crime, contrary to the order of nature as a sex act by mankind with mankind or with brute beasts, or by womankind with brute beasts.

Is buggery a crime?

buggery Also found in:,,,,,, Note: This page may contain content that is offensive or inappropriate for some readers. The criminal offense of anal or oral copulation by penetration of the male organ into the anus or mouth of another person of either sex or copulation between members of either sex with an animal.

  1. Buggery is historically referred to as a “crime against nature.” It is an offense under both and statutes.
  2. Although prosecution for buggery is rare, the punishment upon conviction can be a fine, imprisonment, or both.
  3. The term is often used interchangeably with,
  4. West’s Encyclopedia of American Law, edition 2.

Copyright 2008 The Gale Group, Inc. All rights reserved. the insertion of the male member into the anus of another person or animal (or an animal’s vagina) and an offence in English law. However, over recent years it was first permitted to those over 21 consenting in private, then whether or not in private, and now may be consented to by those 16 or over.

  1. A person consenting under 16 does not commit the offence.
  2. Non-consensual buggery is now,
  3. Collins Dictionary of Law © W.J.
  4. Stewart, 2006 BUGGERY, crim. law.
  5. The detestable crime of having commerce contrary to the order of nature, by mankind with mankind, or with brute beasts, or by womankind with brute beasts.3 Inst.58; 12 Co.36; Dane’s Ab.

Index, h.t.; Merl. Repert. mot Bestialie. This is a highly penal offence. A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856. Want to thank TFD for its existence?, add a link to this page, or visit,

Link to this page: Moreover, Warnicke touches on a further issue very resonant for Perkin Warbeck when she argues that the fall of Anne Boleyn can be linked not only to her miscarriage and to accusations of witchcraft against her but also to breaches of the Buggery Statute – the same law that a century later was to ensnare the Earl of Castlehaven.

They included 16 counts of indecent assault, two count of gross indecency with a boy under 14, three counts of buggery, five counts of incitement to commit gross indecency and one count of assault with intent to commit buggery, Maybe Mr Blackman feels that buggery within marriage is evil, but buggering up your marriage behind your wife’s back is fine.

He had previously pleaded guilty to buggery of a donkey between February 2 and February 5 1999, and buggery of a horse between March 15 and 18 2004. Squires is charged with buggery of a donkey between February 1999 and April the same year, and buggery of a horse between March 5 and 12, 2004. Iris Way denies nine charges – two of indecently assaulting the boy, one charge of attempted buggery, two of inciting the boy to have sex with the girl, and four of indecent assault upon the girl.

Despite the report’s own pessimism about the prospects for success, the Navy decided to go full steam ahead with its crackdown on buggery at sea.

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▲buggery▼

: buggery

What is Buggery Act 1533?

Buggery Act 1533

Parliament of England
Long title An Acte for the punishment of the vice of Buggerie
Citation 25 Hen.8 c.6
Other legislation
Repealed by Offences against the Person Act 1828 (9 Geo.4 c.31)
Status: Repealed
Text of statute as originally enacted

The Buggery Act 1533, formally An Acte for the punishment of the vice of Buggerie (25 Hen.8 c.6), was an Act of the Parliament of England that was passed during the reign of Henry VIII, It was the country’s first civil sodomy law, such offences having previously been dealt with by the ecclesiastical courts,

The term buggery, not defined in the text of the legislation, was later interpreted by the courts to include only anal penetration and bestiality, regardless of the sex of the participants, but not oral penetration, The act remained in force until it was repealed and replaced by the Offences against the Person Act 1828,

Buggery remained a capital offence until 1861, though the last executions were in 1835.

What is the meaning of buggery?

Also found in: Dictionary, Thesaurus, Medical, Idioms, Encyclopedia, Wikipedia. Buggery. The criminal offense of anal or oral copulation by penetration of the male organ into the anus or mouth of another person of either sex or copulation between members of either sex with an animal. Buggery is historically referred to as a ‘crime against nature.’.

Is buggery a capital offence in the UK?

Repeal in 1828 – The Act was repealed by section 1 of the Offences against the Person Act 1828 (9 Geo.4 c.31) and by section 125 of the Criminal Law (India) Act 1828 (c.74). It was replaced by section 15 of the Offences against the Person Act 1828, and section 63 of the Criminal Law (India) Act 1828, which provided that buggery would continue to be a capital offence.

  • The new Act expressly specified that conviction of buggery no longer required proof of completion (“emission of seed”) and evidence of penetration was sufficient for conviction.
  • Buggery remained a capital offence in England and Wales until the enactment of the Offences against the Person Act 1861,
  • The United Kingdom Parliament repealed buggery laws for England and Wales in 1967 (in so far as they related to consensual homosexual acts in private), ten years after the Wolfenden report,

Jurisdictions in many former colonies have retained such legislation, such as in the Anglophone Caribbean, Heterosexual sodomy, i.e. anal sex, remained a criminal offence, regardless of consent, until the Criminal Justice and Public Order Act was passed in 1994.

Is buggery a crime?

buggery Also found in:,,,,,, Note: This page may contain content that is offensive or inappropriate for some readers. The criminal offense of anal or oral copulation by penetration of the male organ into the anus or mouth of another person of either sex or copulation between members of either sex with an animal.

Buggery is historically referred to as a “crime against nature.” It is an offense under both and statutes. Although prosecution for buggery is rare, the punishment upon conviction can be a fine, imprisonment, or both. The term is often used interchangeably with, West’s Encyclopedia of American Law, edition 2.

Copyright 2008 The Gale Group, Inc. All rights reserved. the insertion of the male member into the anus of another person or animal (or an animal’s vagina) and an offence in English law. However, over recent years it was first permitted to those over 21 consenting in private, then whether or not in private, and now may be consented to by those 16 or over.

  • A person consenting under 16 does not commit the offence.
  • Non-consensual buggery is now,
  • Collins Dictionary of Law © W.J.
  • Stewart, 2006 BUGGERY, crim. law.
  • The detestable crime of having commerce contrary to the order of nature, by mankind with mankind, or with brute beasts, or by womankind with brute beasts.3 Inst.58; 12 Co.36; Dane’s Ab.

Index, h.t.; Merl. Repert. mot Bestialie. This is a highly penal offence. A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856. Want to thank TFD for its existence?, add a link to this page, or visit,

Link to this page: Moreover, Warnicke touches on a further issue very resonant for Perkin Warbeck when she argues that the fall of Anne Boleyn can be linked not only to her miscarriage and to accusations of witchcraft against her but also to breaches of the Buggery Statute – the same law that a century later was to ensnare the Earl of Castlehaven.

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They included 16 counts of indecent assault, two count of gross indecency with a boy under 14, three counts of buggery, five counts of incitement to commit gross indecency and one count of assault with intent to commit buggery, Maybe Mr Blackman feels that buggery within marriage is evil, but buggering up your marriage behind your wife’s back is fine.

He had previously pleaded guilty to buggery of a donkey between February 2 and February 5 1999, and buggery of a horse between March 15 and 18 2004. Squires is charged with buggery of a donkey between February 1999 and April the same year, and buggery of a horse between March 5 and 12, 2004. Iris Way denies nine charges – two of indecently assaulting the boy, one charge of attempted buggery, two of inciting the boy to have sex with the girl, and four of indecent assault upon the girl.

Despite the report’s own pessimism about the prospects for success, the Navy decided to go full steam ahead with its crackdown on buggery at sea.

▲buggery▼

: buggery

What is Buggery Act 1533?

Buggery Act 1533

Parliament of England
Long title An Acte for the punishment of the vice of Buggerie
Citation 25 Hen.8 c.6
Other legislation
Repealed by Offences against the Person Act 1828 (9 Geo.4 c.31)
Status: Repealed
Text of statute as originally enacted

The Buggery Act 1533, formally An Acte for the punishment of the vice of Buggerie (25 Hen.8 c.6), was an Act of the Parliament of England that was passed during the reign of Henry VIII, It was the country’s first civil sodomy law, such offences having previously been dealt with by the ecclesiastical courts,

The term buggery, not defined in the text of the legislation, was later interpreted by the courts to include only anal penetration and bestiality, regardless of the sex of the participants, but not oral penetration, The act remained in force until it was repealed and replaced by the Offences against the Person Act 1828,

Buggery remained a capital offence until 1861, though the last executions were in 1835.

What is the meaning of buggery?

Also found in: Dictionary, Thesaurus, Medical, Idioms, Encyclopedia, Wikipedia. Buggery. The criminal offense of anal or oral copulation by penetration of the male organ into the anus or mouth of another person of either sex or copulation between members of either sex with an animal. Buggery is historically referred to as a ‘crime against nature.’.

What are the consequences of buggery?

Description – The Act was piloted through Parliament by Henry VIII’s minister Thomas Cromwell (though it is unrecorded who actually wrote the bill), and punished “the detestable and abominable Vice of Buggery committed with Mankind or Beast”. Prior to the 1550s, the term “Buggery” was not used in a homosexual sense, rather related to any sexual activity not related to procreation, regardless of gender or species involved in the sexual act, and also covered sexual crimes of a non-consensual nature.

The law was not designed to police sexual activity, rather was simply taking a canon law and making it a civil law, a test case in removing church power. “Buggery” was not further defined in the law. According to the Act: the offenders being hereof convict by verdict confession or outlawry, shall suffer such pains of death, and losses and penalties of their good chattels debts lands tenements and hereditaments, as felons be accustomed to do, according to the Order of the Common Laws of this Realm; and that no person offending in any such offence shall be admitted to his Clergy,

Barbados High Court strikes down ‘buggery’ and ‘indecency’ laws

This meant that a convicted sodomite’s possessions could be confiscated by the government, rather than going to their next of kin, and that even priests and monks could be executed for the offence—even though they could not be executed for murder. In moving what had previously been an offence tried by ecclesiastical courts into the secular ones, Henry may have intended it as a simple expression of political power along with other contemporary acts such as Submission of the Clergy Act 1533 and one year before the Act of Supremacy 1534,

  1. However Henry later used the law to execute monks and nuns (thanks to information his spies had gathered) and take their monastery lands—the same tactics had been used 200 years before by Philip IV of France against the Knights Templar,
  2. In July 1540, Walter Hungerford, 1st Baron Hungerford of Heytesbury, was charged with treason for harbouring a known member of the Pilgrimage of Grace movement.

He was also accused of buggery, as he was suspected of raping his own daughter. Hungerford was beheaded at Tower Hill, on 28 July 1540, the same day as Thomas Cromwell. Nicholas Udall, a cleric, playwright, and Headmaster of Eton College, was the first to be charged with violation of the Act alone in 1541, for sexually abusing his pupils.