200 Years of LGBTQIA+ History

From Shadows to Pride — UK & Global Timeline

Source Record

Offences Against the Person Act 1861, section 61

Why this source is used

Primary legislation text for section 61 as enacted, replacing the death penalty for buggery with penal servitude terms.

Start with the answer

Start with the answer How did UK law criminalise homosexuality before 1967? Before 1967, English and Welsh law criminalised male same-sex intimacy through buggery and gross indecency offences, with punishments ranging from execution to imprisonment. Read the topic guide Criminalisation Before Decriminalisation Before partial decriminalisation in 1967, English and Welsh law criminalised male same-sex intimacy through sodomy and gross indecency offences.

Source Status

Publisher
legislation.gov.uk
Type
legal
Reliability
high
Cited by
3 pages

Source Links

Open original source https://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/61/enacted Accessed 2 June 2026 Open archived copy https://web.archive.org/web/*/https://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/61/enacted

Used by Topics

Criminalisation Before Decriminalisation

Used by Questions

How did UK law criminalise homosexuality before 1967?

Used by Timeline Events

6 August 1861 DiscriminationLegalUK

Death Penalty Removed for Sodomy in England and Wales

The 1861 Offences Against the Person Act abolished the death penalty for sodomy, replacing it with life imprisonment. While this represented a reduction in severity, it maintained the criminalisation of same-sex relations and ensured that gay men continued to face devastating legal consequences for consensual intimacy.