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Criminal Law Amendment Act 1885 (-)
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This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.
An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes.
Procuring defilement of woman by threats or fraud or administering drugs.
3. Any person who
(1) By threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connexion either within or without the Queen's dominions; or
(2) By false pretences or false representations procures any woman or girl, . . . to have any unlawful carnal connexion, either within or without the Queen's dominions; or
(3) Applies, administers to, or causes to be taken by any women or girl any drug, matter, or thing, with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connexion with such woman or girl,
Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.
Defilement of girl under fourteen years of age.
4. Any person who unlawfully and carnally knows any girl under the age of [fourteen years] shall be guilty of felony, and being convicted thereof shall be liable... to be kept in penal servitude for life....
Any person who attempts to have unlawful carnal knowledge of any girl under the age of [fourteen years] shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years....
Whereas doubts have been entertained whether a man who induces a married woman to permit him to have connexion with her by personating her husband is or is not guilty of rape, it is hereby enacted and declared that every such offender shall be deemed to be guilty of rape.
Defilement of girl under seventeen years of age.
5. Any person who
(1) Unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any girl... under the age of [seventeen years];
Provided also, that no prosecution shall be commenced for an offence under . . . this section more than [twelve] months after the commission of the offence.
Householder, &c. permitting defilement of young girl on his premises.
6. Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control thereof induces or knowingly suffers any girl... to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, shall if such girl is ... under the age of [seventeen years]... be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years.…
Abduction of girl under eighteen with intent to have carnal knowledge.
7. Any person who with intent that any unmarried girl under the age of eighteen years should be unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally takes or causes to be taken such girl out of the possession and against the will of her father or mother, or any other person having the lawful care or charge of her,
Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court or jury that the person so charged had reasonable cause to believe that the girl was of or above the age of eighteen years.
Unlawful detention with intent to have carnal knowledge.
8. Any person who detains any woman or girl against her will
(1) In or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man, or generally, or
(2) In any brothel, Where a woman or girl is in or upon any premises for the purpose of having any unlawful carnal connexion, or is in any brothel, a person shall be deemed to detain such woman or girl in or upon such premises or in such brothel, if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withholds from such woman or girl any wearing apparel or other property belonging to her, or, where wearing apparel has been lent or otherwise supplied to such woman or girl by or by the direction of such person, such person threatens such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.
No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel.
Power, on indictment for rape, to convict of certain offences.
(1) A person indicted for rape may, if the evidence does not warrant a conviction of rape but warrants a conviction of an offence under section 3 of this Act or of indecent assault, be found not guilty of rape but guilty of an offence under the said section 3 or of indecent assault.
(2) A person indicted for an offence under section 4 of this Act may, if the evidence does not warrant a conviction of an offence under the said section 4 but warrants a conviction of indecent assault, be found not guilty of an offence under the said section 4 but guilty of indecent assault.
Power of search.
10. If it appears to any justice of the peace, on information made before him on oath by any parent, relative, or guardian of any woman or girl, or any other person who, in the opinion of the justice, is bona8 fide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such justice, such justice may issue a warrant authorizing any person named therein to search for, and, when found, to take to and detain in a place of safety such woman or girl until she can be brought before a justice of the peace; and the justice of the peace before whom such woman or girl is brought may cause her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require.
The justice of the peace issuing such warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining such woman or girl to be apprehended and brought before a justice, and proceedings to be taken for punishing such person according to law.
A woman or girl shall be deemed to be unlawfully detained for immoral purposes if she is so detained for the purpose of being unlawfully and carnally known by any man, whether any particular man or generally, and
(a) Either is under the age of seventeen years; or
(b) If of or over the age of [seventeen years], and under the age of eighteen years, is so detained against her will, or against the will of her father or mother or of any other person having the lawful care or charge of her; or
(c) If of or above the age of eighteen years is so detained against her will.
Provided always, that every warrant issued under this section shall be addressed to and executed by some superintendent, inspector, or other officer of police, who shall be accompanied by the parent, relative, or guardian or other person making the information, if such person so desire, unless the justice shall otherwise direct.
Outrages on decency.
11. Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, . . .
Custody of girls under seventeen.
12. Where on the trial of any offence under this Act it is proved to the satisfaction of the court that the seduction or prostitution of a girl under the age of [seventeen years] has been caused, encouraged, or favoured by her father, mother, guardian, master, or mistress, it shall be in the power of the court to divest such father, mother, guardian, master, or mistress of all authority over her, and to appoint any person or persons willing to take charge of such girl to be her guardian until she has attained the age of [eighteen], or any age below this as the court may direct, and the High Court shall have the power from time to time to rescind or vary such order by the appointment of any other person or persons as such guardian, or in any other respect.
13. Any person who
(1) keeps or manages or acts or assists in the management of a brothel, or
(2) being the tenant, lessee, or occupier [or person in charge] of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or
(3) being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel,
(a) to a fine not exceeding one hundred pounds or to imprisonment... for a term not exceeding three months; and
(b) on a second or subsequent conviction, to a fine not exceeding two hundred and fifty pounds or to imprisonment... for a term not exceeding six months;
Saving of liability to other criminal proceedings.
16. This Act shall not exempt any person from any proceeding for an offence which is punishable at common law, or under any Act of Parliament other than this Act, so that a person be not punished twice for the same offence.
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