Keith Mack
Sodomy laws, which criminalized sexual acts considered illegal, illicit, unlawful, unnatural, and immoral, were first introduced in England during the reign of Henry VIII. The Buggery Act of 1533, the country's first civil sodomy law, declared that the detestable and abominable Vice of Buggery committed with mankind or beast be punishable by death. This law was part of Henry VIII's attack on the monasteries and a means of expressing his political power. While the act was repealed in 1553, it was re-enacted by Queen Elizabeth I in 1562. The last known execution for buggery in England took place in 1836, and the death penalty for sodomy was abolished in England and Wales in 1861. The Wolfenden Report, published in 1957, led to the decriminalization of sexual acts between two adult males in private in England and Wales in 1967. The creation and enforcement of sodomy laws in Victorian England reflect societal attitudes towards homosexuality and the state's power to intervene in the sexual lives of its citizens.
| Characteristics | Values |
|---|---|
| Country | England and Wales |
| Law | Henry VIII's Buggery Act 1533 |
| Punishment | Death penalty, imprisonment, pillory, hanging |
| Last execution | 1835 or 1836 |
| Repeal | Offences Against the Person Act 1828, Offences against the Person Act 1861 |
| First relaxation | Wolfenden Report, 1957 |
| Decriminalization | 1967 |
| Number of countries with sodomy laws | 63 |
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What You'll Learn
- Sodomy laws in England were created to target 'sodomites' who threatened purity and carried contamination
- The Buggery Act of 1533 was the first civil sodomy law in England, punishable by death
- Sodomy laws were enforced by the state, allowing intervention into people's bodies and private lives
- The last known execution for sodomy in England was in 1836
- Sodomy laws were exported to British colonies, where they formed the basis for modern-day anti-LGBTQ+ laws
Sodomy laws in England were created to target 'sodomites' who threatened purity and carried contamination
Sodomy laws in England were created to target 'sodomites' who were believed to threaten purity and carry contamination. The term 'sodomite' was used to refer to those who engaged in same-sex sexual activity, particularly anal intercourse, which was considered a sinful and abominable act. The origins of these laws can be traced back to the 11th and 12th centuries in Europe, when a "persecuting society" emerged, targeting various groups deemed to be enemies, including Jews, lepers, heretics, witches, prostitutes, and 'sodomites'.
In England, the first civil sodomy law was enacted during the reign of Henry VIII. The Buggery Act of 1533, also known as the "detestable and abominable Vice of Buggery committed with mankind or beast", made sodomy a felony punishable by death. This law was part of Henry VIII's attack on the monasteries and a shift from ecclesiastical courts to secular ones. The act was repealed in 1553 during the reign of Queen Mary, who preferred these matters to be handled by the church courts. However, it was re-enacted by Queen Elizabeth I in 1562, and it remained in force until it was replaced by the Offences Against the Person Act in 1828.
The Buggery Act of 1533 not only criminalized same-sex sexual activity but also sex with animals. It is important to note that the term "buggery" was later interpreted by the courts to include anal penetration and bestiality, regardless of the gender of the participants. The law was enforced through public executions, with those convicted being hanged or burned, as well as subjected to brutal punishments such as being stood in the pillory, where they were attacked by enraged crowds.
The last known execution for sodomy in England was in 1835 or 1836, and the law was officially repealed in 1861 when the maximum sentence was reduced to life imprisonment. However, it is worth mentioning that in 1885, Henry Labouchere introduced a clause to the Criminal Law Amendment Act that outlawed "gross indecency" between men, further perpetuating the criminalization of homosexual acts. It wasn't until 1967 that sexual acts between two adult males were fully legalized in England and Wales, marking a significant step towards recognizing the rights and freedoms of the LGBTQ+ community.
The impact of these sodomy laws extended beyond England, as they were also transplanted into British colonies, influencing the legal frameworks of numerous countries and contributing to the global criminalization of same-sex relationships. The legacy of these laws has been long-lasting, with many countries still struggling to decriminalize homosexual conduct and ensure equal rights for all citizens, regardless of sexual orientation.
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The Buggery Act of 1533 was the first civil sodomy law in England, punishable by death
The Buggery Act of 1533, also known as "An Acte for the punishment of the vice of Buggerie", was the first civil sodomy law in England, enacted during the reign of King Henry VIII. Previously, such offences were dealt with by the Church through ecclesiastical courts. The Act was part of Henry VIII's attack on the monasteries and his broader break with the Catholic Church, which led to the revision of many common laws.
The term “buggery” was not defined in the text of the legislation but was later interpreted by the courts to include anal penetration and bestiality, regardless of the sex of the participants. The Act also criminalised sex with animals and punished "the detestable and abominable Vice of Buggery committed with Mankind or Beast". The punishment for those convicted was the death penalty, and their possessions could be confiscated by the government. The Act remained in force until it was repealed and replaced by the Offences Against the Person Act in 1828, although buggery remained a capital offence until 1861.
The Buggery Act reflected the historical persecution of "sodomites" in Europe, who were seen as threatening purity and carrying contamination. The law was a way to segregate and control those who did not conform to societal norms. The sense of "sodomy" or "buggery" as mysterious and polluting further complicated legal definitions, as precision was dangerous as it was associated with contamination. This led to imaginative forensic methods to identify "habitual sodomites".
The first execution under the Buggery Act took place in 1540, when Walter Hungerford, 1st Baron Hungerford of Heytesbury, was charged with buggery, among other offences. The last known execution for "buggery" in England was in 1836, and the law was fully repealed in 1861. The Wolfenden Report of 1957 further relaxed sodomy laws in England, recommending that "homosexual behaviour between consenting adults in private should no longer be a criminal offence".
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Sodomy laws were enforced by the state, allowing intervention into people's bodies and private lives
Sodomy laws, such as Henry VIII's Buggery Act of 1533, allowed the state to intervene in people's bodies and private lives. The law, which was England's first civil sodomy law, criminalised "the detestable and abominable Vice of Buggery committed with mankind or beast". This act was punishable by death and remained in force until it was repealed and replaced by the Offences Against the Person Act of 1828. The Buggery Act of 1533 was part of Henry VIII's attack on the monasteries and was passed following his break with the Catholic Church. The law moved what had previously been an offence tried by ecclesiastical courts into the secular realm, giving the state the power to intervene in matters of sexuality and punish those deemed to be engaging in "sodomy".
The Buggery Act of 1533 was not the first time that sodomy was criminalised in England. By the 13th century, a legal document called the 'Fleta' required 'sodomites' to be punished by being buried alive, while another document called the 'Britton' advocated burning. While there is no evidence that these punishments were carried out, they reflect the emergence of a "persecuting society" in Europe that targeted various groups deemed to be threatening or contaminating. "Sodomy" was seen as a form of pollution that needed to be punished and controlled.
The Buggery Act of 1533 was repealed in 1553 during the reign of the Catholic Queen Mary, who preferred legal matters to be handled by ecclesiastical courts. However, it was re-enacted by Queen Elizabeth I in 1562 as "An act for the punishment of the vice of buggery". While prosecutions for homosexual acts were sparse during the 16th century, there are records of numerous prosecutions in the 18th and early 19th centuries that resulted in sentences of hanging. The last two men to be hanged for sodomy in England were James Pratt and John Smith, who were executed in 1835.
The Offences Against the Person Act of 1861 repealed the Buggery Act of 1533 and reduced the maximum sentence for sodomy from death to life imprisonment. This marked a shift in how sodomy was addressed by the state, moving away from the harsh punishment of death towards a focus on imprisonment and surveillance. The state continued to intervene in the private lives of those deemed to be engaging in "sodomy", with men arrested at the White Swan in Vere Street, London, in 1810 being forced to stand in the pillory as punishment.
The Wolfenden Report, published in 1957, recommended that "homosexual behaviour between consenting adults in private should no longer be a criminal offence". As a result, sexual acts between two adult males were decriminalised in England and Wales in 1967, marking a significant shift away from state intervention into people's private lives and a recognition of the rights of individuals to engage in consensual sexual acts without state interference.
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The last known execution for sodomy in England was in 1836
Sodomy laws, which criminalised same-sex sexual activity, were first introduced in England in 1533 by King Henry VIII. The Buggery Act, as it was known, was part of a wider attack on the monasteries and criminalised "the detestable and abominable Vice of Buggery committed with mankind or beast". The law remained in force until 1828 when it was repealed and replaced by the Offences Against the Person Act, which continued to criminalise buggery and made it a capital offence.
The last known execution for sodomy in England took place in 1836, when James Pratt and John Smith were hanged outside Newgate Prison in London. They were the last two people to be executed for sodomy in England, and their execution was the last time anyone in England was put to death for any offence other than murder. Pratt and Smith were arrested in August 1835 after being spied on through a keyhole allegedly engaging in "carnal knowledge" of each other. Despite an appeal for mercy submitted by their wives and the landlord and his wife, who had been witnesses against them, they were sentenced to death.
The death penalty for buggery was finally abolished in England and Wales in 1861, and in Scotland in 1887. However, sodomy laws continued to be used to target and harass LGBT people, who could be prosecuted under general public order laws. It wasn't until 1967 that sexual acts between two adult men were decriminalised in England and Wales, and it was only in 1991, during the transition to democracy, that anti-sodomy laws were fully repealed.
The legacy of sodomy laws can still be felt today, with 63 countries still criminalising same-sex sexual activity as of April 2025. These laws have their roots in the colonial era, when British rulers imposed their moral values on the colonies, and they continue to impact the lives and rights of LGBT people around the world.
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Sodomy laws were exported to British colonies, where they formed the basis for modern-day anti-LGBTQ+ laws
In England, sodomy was made a felony by Henry VIII's Buggery Act of 1533, which was part of the attack on the monasteries. The law, which was the country's first civil sodomy law, remained in force until it was repealed and replaced by the Offences Against the Person Act of 1828. Buggery remained a capital offence until 1861, though the last executions were carried out in 1835.
Over time, these laws came to seek punishment against not particular acts but whole classes of people. For example, the British listed "eunuchs" - their term for India's hijras, or transgender people - as a "criminal tribe" because they were prone to "sodomy." Simply for appearing in public, hijras could be arrested and jailed for up to two years.
Today, more than half of the world's remaining "sodomy" laws criminalizing consensual homosexual conduct are relics of British colonial rule. These laws persist in many of Britain's old colonial possessions, including eleven former colonies in the Caribbean, and countries in Africa, Asia, and the Pacific. In recent years, there have been efforts to challenge and repeal these laws in countries such as Belize, Singapore, India, and Jamaica. However, in some cases, there has been opposition to these changes, and in others, the laws have been strengthened or used to further harass and discriminate against LGBTQ+ individuals and activists.
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Frequently asked questions
The Buggery Act of 1533 was the first civil sodomy law in England, passed during the reign of Henry VIII. It was part of an attack on monasteries and criminalised sex with animals. It declared that the "detestable and abominable Vice of Buggery committed with mankind or beast" be punishable by death.
Sodomy was punishable by death in England until 1861. The last known execution for "buggery" in England was in 1836, although some sources state 1835. Those convicted of sodomy could also be sentenced to stand in the pillory, where they were attacked by crowds with various objects.
The Labouchere Amendment was introduced in 1885 by Henry Labouchere, who added a clause to the Criminal Law Amendment Act that outlawed "gross indecency" between men "in public and private". This added another way of describing what was already illegal, and it led to further prosecutions of homosexual acts.
Sodomy laws in England were repealed in 1967, when sexual acts between two adult males were made legal. However, LGBT people continued to face harassment and detention under general public order laws.
Sodomy laws were created as part of a "persecuting society" that targeted various groups deemed threatening or impure, including Jews, lepers, heretics, witches, prostitutes, and "sodomites". Punishing sodomy was a way to mark racial and religious identity and segregate the "Christian, European self" from "alien entities".
