Inventing a ‘Lesbian Age of Consent’? The History of the Minimum Age for Sex between Women in the UK

Abstract

This article analyses historical and contemporary debates over age of consent legislation regulating sex between women in the UK. A minimum age for sexual activity between females was created by the Criminal Law Amendment Act 1922, which removed ‘consent’ as a defence to the offence of ‘indecent assault’ against a girl under the age of 16, yet prosecutions remained extremely rare until recent years. The article analyses parliamentary debates surrounding the creation of this legislation to investigate whether and how sex between females was represented. It then examines how the subject was addressed at a series of historical moments when age of consent laws were subject to official review. It is argued that the recent invention of a ‘lesbian age of consent’ in popular and professional legal discourse signals changes in the ways in which the law is interpreted and implemented. In conclusion, the article argues that while a standardization and equalization of the law applying in male-female, male-male and female-female contexts is desirable, an appreciation of the specific form and history of the age of consent applying to sex between females raises particular questions concerning the impact of reformulating age of consent laws.

A comparison of the gender-specificity of age of consent legislation in Europe and China: Towards a gender-neutral age of consent in China?

“…In the Dutch Republic (1581-1795), for instance, lesbianism was a capital crime, but there were no records of execution found during that period (Crompton 2004), whereas laws regulating consensual sexual acts between women was practically lacking in the UK (Waites 2002). This demonstrates the indifference of law makers and law enforcement towards lesbianism, an indifference confirmed by Herzog's (2011) survey of trends in the history of sexuality in twentieth century Europe.…”

“…Although lesbian acts used to be a capital crime in many European countries (Crompton 2004), these laws were only seldom enforced in practice in Europe (Waites 2002). In the Dutch Republic (1581-1795), for instance, lesbianism was a capital crime, but there were no records of execution found during that period (Crompton 2004), whereas laws regulating consensual sexual acts between women was practically lacking in the UK (Waites 2002).…”

“…According to Waites (2002), the reasons for the lack of age of consent for lesbians Binclude widespread beliefs in essential sex differences and the passivity of female sexuality, which rendered same-sex contact between women invisible or unthreatening^. In such a historical setting of denying and ignoring the female's sexuality, it was understandable that the age for consent for sex between females was absent for a long time.…”

Lesbianism and Feminist Legislation in 1921: the Age of Consent and ‘Gross Indecency between Women’

“…It places the age of consent in a wider social context of 'the continuing social invisibility of lesbianism' but makes only brief mention of the 1921 debates. 13 There is, then, ample scope for further work on the complicated historical relationship between the criminal justice system and women's same-sex relationships.…”

Can a restrictive law serve a protective purpose? The impact of age-restrictive laws on young people’s access to sexual and reproductive health services

“…9 Concerning consent to lesbian sex, on the other hand, the law around the world has generally historically been altogether silent, reflecting a widespread failure of dominant institutions to acknowledge the existence of lesbian women and girls. 20 Regulating young people's access to sexual and reproductive health services Age of consent laws, therefore, serve as a means for regulating children's and young people's sexual activity, (gendered) identity and behaviour. But these laws do not, of course, guarantee that young people will remain abstinent in practice.…”