Wolfenden's Women
eBook - ePub

Wolfenden's Women

Prostitution in Post-war Britain

  1. English
  2. ePUB (mobile friendly)
  3. Available on iOS & Android
eBook - ePub

Wolfenden's Women

Prostitution in Post-war Britain

Book details
Book preview
Table of contents
Citations

About This Book

This critical sourcebook compiles excerpts from the extensive interviewsundertaken by the Wolfenden Committee on the subject of prostitution. TheCommittee is remembered, first and foremost, for recommending thedecriminalization of sex between men. However, the other half of its remit—prostitution—has largely been forgotten, despite the fact that prostitution, nothomosexuality, was the original impetus behind the Committee's appointment. Ifwe consider the Committee and its Report from this perspective, its status asboth a liberal and permissive endeavour must be called into question.This book captures the controversy, diversity and complexity of opinionssurrounding prostitution in this period, and provides critical analysis and context.It restores the question of prostitution to its central place in the history of Britain's so-called progressive era and challenges the way that the Report and its legacyhave been characterized. Crucially, this book highlights the substantial evidencegathered by the Committee on prostitution outside of London, which theWolfenden Report itself largely disregarded. The excerpts, the reprinted report, and the critical introductions to each chapter are intended to spark importantdebates amongst students, researchers and the public about the history ofsexuality, society and the state in twentieth-century Britain.

Frequently asked questions

Simply head over to the account section in settings and click on “Cancel Subscription” - it’s as simple as that. After you cancel, your membership will stay active for the remainder of the time you’ve paid for. Learn more here.
At the moment all of our mobile-responsive ePub books are available to download via the app. Most of our PDFs are also available to download and we're working on making the final remaining ones downloadable now. Learn more here.
Both plans give you full access to the library and all of Perlego’s features. The only differences are the price and subscription period: With the annual plan you’ll save around 30% compared to 12 months on the monthly plan.
We are an online textbook subscription service, where you can get access to an entire online library for less than the price of a single book per month. With over 1 million books across 1000+ topics, we’ve got you covered! Learn more here.
Look out for the read-aloud symbol on your next book to see if you can listen to it. The read-aloud tool reads text aloud for you, highlighting the text as it is being read. You can pause it, speed it up and slow it down. Learn more here.
Yes, you can access Wolfenden's Women by Samantha Caslin,Julia Laite in PDF and/or ePUB format, as well as other popular books in Storia & Storia britannica. We have over one million books available in our catalogue for you to explore.

Information

Year
2020
ISBN
9781137440228
© The Author(s) 2020
S. Caslin, J. LaiteWolfenden's WomenGenders and Sexualities in Historyhttps://doi.org/10.1057/978-1-137-44022-8_1
Begin Abstract

1. Introduction: Prostitution and the Law Before the Wolfenden Committee—A Brief History

Samantha Caslin1 and Julia Laite2
(1)
Department of History, University of Liverpool, Liverpool, UK
(2)
Department of History, Classics and Arch, University of London, Birkbeck College, London, UK
Samantha Caslin
Julia Laite (Corresponding author)
End Abstract
Prostitution had troubled the government and the police in Britain long before John Wolfenden was asked to convene the Departmental Committee on Homosexual Offences and Prostitution by the Conservative Home Secretary David Maxwell Fyfe in 1954. Indeed, by the 1950s prostitution had been considered one of the most significant modern social problems for at least three-quarters of a century. While prostitution had always presented problems and questions about the control of public space and sexual morality, it was the Victorians who redefined it as one of their great ‘social questions’. In the mid-nineteenth century, concerns about the rampant spread of syphilis during the Crimean War led to the Contagious Diseases Acts of 1864, 1865, and 1869. This legislation required women in ports and garrison towns who were suspected of being prostitutes to register with the police, submit to compulsory genital inspection, and suffer incarceration in a ‘lock hospital’ if an infection was discovered. By the late 1860s, an enormous protest movement had sprung up demanding the Acts’ repeal, claiming they licensed vice, rode roughshod over the constitutional rights of the women, and codified a ‘double standard of sexual morality’ that saw women punished for sexual misdeeds while men’s behaviour was accepted and normalized.1
These mounting objections to the regulation and thus supposed legitimation of prostitution and to the mistreatment of women labelled prostitutes led to a wider interest in the question of harm and exploitation in the sex industry. In 1879 a shocking expose of young girls being trafficked from Britain to regulated brothels in Belgium led to the appointment of a Joint Select Committee for the Protection of Girls and Young Women in 1881, the first government committee that investigated sexual exploitation and prostitution. This Committee recommended a new law against what was called ‘procuration’, which would make it illegal for someone to ‘procure or attempt to procure a girl or woman to become a common prostitute either within or without the king’s dominions’. A subsequent Criminal Law Amendment Bill dealing with just this issue met with resistance, and it took another major newspaper expose to push the bill through Parliament. William Stead’s 1885 Pall Mall Gazette series, the ‘Maiden Tribute of Modern Babylon’, created a panic about children being prostituted in London brothels. With his investigative style of ‘new journalism’, Stead offered scandalous descriptions of rape and abuse within brothels and he wrote that, as part of his investigation, he had been able to purchase a girl, thirteen-year-old Eliza Armstrong, from her mother for just five pounds.2 As a result, public concern about child prostitution and the age of consent became intertwined with concerns about brothels. When the 1885 Criminal Law Amendment Act was passed, just over a month after the publication of Stead’s expose, it raised the age of consent from thirteen to sixteen, it outlawed procurement, and it made ‘keeping a brothel’ a non-indictable, and therefore easily prosecutable, offence. Subsequent case law defined a brothel as a place where ‘more than one woman practices prostitution’. The 1885 Criminal Law Amendment Act was also the Statute that included the notorious Labouchere Amendment, which was added in its final reading, making ‘gross acts of indecency’ between men a crime. It was this Act that Wolfenden would recommend repealing over seventy years later.
Ultimately, however, John Wolfenden’s Departmental Committee on Homosexual Offences and Prostitution was little concerned with questions of sexual exploitation in prostitution, or even with brothel-keeping; instead it focused on an older, and more persistent, debate concerning the control of prostitution on the streets. Across the country, several laws were directed against women who solicited prostitution in the streets. The 1824 Vagrancy Act, which was applied across England and Wales, stipulated that ‘any common prostitute’ who was in a public place and ‘behaving in a riotous or indecent manner’ could be fined or imprisoned. This same Act included a clause against ‘importuning for an immoral purpose’ which was used against men who were soliciting men. The 1839 Metropolitan Police Act, in force only in London, made it an offence for ‘any common prostitute to loiter or solicit for the purposes of prostitution to the annoyance of inhabitants or passengers’.3 Outside of London, the Towns and Police Clauses Act of 1847 enacted similar measures, but stated that the ‘common prostitute’ had to be soliciting ‘to the obstruction, annoyance or danger of the residents or passengers’. The legislation in Northern Ireland was broadly comparable: Belfast had the Belfast Improvement Act 1845, which prohibited ‘common prostitutes’ loitering for prostitution or solicitation to the ‘annoyance of 
 inhabitants or passengers’, and the similar Towns Improvement Act (Ireland) 1854 applied to towns in Northern Ireland.4
All of these laws differed little in practice. Direct evidence of annoyance or obstruction was very rarely required, and police forces developed various systems to identify, sometimes caution, and ultimately permanently label certain women ‘common prostitutes’ which greatly facilitated their arrest for soliciting. They would be introduced as a ‘common prostitute’ in court before their trial began and would almost always be found guilty. By the time the Wolfenden Committee sat in the 1950s, the conviction rate for solicitation offences had reached over 99 per cent, the highest conviction rate of any offence in the United Kingdom.5 Yet this approach left the courts and the police open to accusations of prejudice and even corruption. As such, the Wolfenden Committee considered with interest the way prostitution was handled under Scottish law. In Scotland, women who solicited were dealt with under the Burgh Police (Scotland) Act 1892 and various pieces of local legislation, such as the Edinburgh Municipal and Police Act 1879. In addition, the Licensing (Scotland) Act 1903 was used to target pubs and hotels where prostitutes gathered, while the Immoral Traffic (Scotland) Act 1902 dealt with living on the earnings of prostitution and with men who solicited in public places for ‘immoral purposes’. Unlike in England and Wales, there was no requirement under Scottish law to prove annoyance, but prosecutions in Scotland required more evidence than just one uncorroborated witness and prosecutions were initiated by the Prosecutor Fiscal rather than by the police. All of this meant that the Scottish system attracted less scandal in the form of accusations of police bribery and the manufacturing of evidence.6
Indeed, the complexities and inconsistencies of the system in England and Wales increasingly gave rise to media storms and scandals. The first of these happened in 1887, when PC Endacott arrested a woman named Elizabeth Cass as a ‘common prostitute’, only to be challenged in court by her respectable employer. The incident saw Endacott on trial for perjury, new orders issues by the Commissioner Charles Warren, and a dramatic drop in arrests for more than three years afterward.7 Then, in 1906, a series of allegations of wrongful arrest, police corruption, and police brutality saw the establishment of the first Royal Commission on the Duties of the Metropolitan Police which, despite its generic name, was heavily focused on prostitution and the policing of other kinds of street offences and vice. Nevertheless, with the arrival of the First World War in 1914 came growing concerns about the spread of immorality in Britain. Promiscuity and prostitution were framed not just as threats to respectability but to the very war effort. The term ‘amateur prostitute’ was applied to young, sexually liberal women who engaged in sexual activity with men in exchange for gifts or payment in kind, while soldiers’ camps opened up new markets for prostitution.8 In the late stages of the war, the government introduced Regulation 40D in order to tackle venereal disease within the armed forces. It meant that women who gave venereal disease to servicemen could be imprisoned. Repealed before the end of the war, Regulation 40D was a controversial measure which treated women, and prostitutes in particular, as sources of infection.9
Double standards in the way women and men were regulated continued to plague policy, policing, and prostitution after the First World War. The interwar years saw the Metropolitan Police hit with new waves of scandals concerning their application of England and Wales’ solicitation laws, their corruption, and their mistreatment of prostitutes. In 1922 Sir Almeric Fitzroy, Clerk of the Privy Council, was charged with ‘willfully interfering with and annoying persons in Hyde Park’ after police officers saw him approach a number of women in a single evening. Fitzroy had his conviction overturned when one of the women annoyed, Mrs Turner, was said to be a prostitute.10 Turner’s profession was used to discredit her testimony and the injustice of this shone a light on discrepancies in the way police and courts were handling evidence of annoyance. With the solicitation laws leaving police open to accusations of unfairness and impropriety, the government established the Street Offences Committee in October 1927.11 In many ways a precursor to the Wolfenden Committee, the Street Offences Committee was asked to review the ‘law and practice 
 in connection with prostitution and solicitation for immoral purposes in streets’. While the Committee conducted its investigation there was further public scandal. In April 1928, Irene Savidge and Sir Leo Chiozza Money were arrested and charged with public indecency after Money was seen kissing Savidge in London’s Hyde Park. As in the Fitzroy case, Money was a man of high social status. Though he and Savidge were both acquitted, the police’s treatment of Money and Savidge differed significantly. Savidge faced extensive re-questioning by the police after her acquittal but Money did not.12
As a result of these high-profile scandals, confidence in the Metropolitan Police’s handling of solicitation and indecency was shaken. In August 1928 the Royal Commission on Police Powers was set up, but there was little actual change.13 When the Street Offences Committee published its final report in November 1928 it recommended the removal of the term ‘common prostitute’ from law and the creation of a gender-neutral law against solicitation. However, these proposals were not enacted. Differences of opinion among Committee members undermined the strength of the report and there was continued debate about the evidentiary threshold that should be applied to the matter of annoyance.14 As such, the interwar years did not see the emergence of any consensus or even clarity about how to manage prostitution on the streets.
As had happened during the First World War, the arrival of the Second World War stoked fears about increased opportunities for prostitution and promiscuity. Prostitution was blamed for wartime rises in rates of venereal disease as young women engaged in transactional sex with soldiers. Moreover, there was an explosion, more generally, in the organized and professional commercial sex market at the same time as police numbers were significantly reduced by the war. Once again, problematic wartime regulations were introduced to try to limit the spread of venereal disease. Regulation 33B, introduced in 1942, meant that anyone who was identified by two other people as having passed on venereal disease could be arrested and made to undergo treatment. Though Regulation 33B was not gender specific, it was used until 1947 and it was based on an assumption that promiscuous women were the cause of venereal disease.15
When Britain emerged from the war, it needed to take stock of the immense destruction to housing and infrastructure caused by bombing campaigns, the high numbers of deaths and causalities, and continuing food shortages. As Britain began the process of negotiating a people’s peace, ushering a new era of welfare capitalism, its hold on its imperial possessions grew increasin...

Table of contents

  1. Cover
  2. Front Matter
  3. 1. Introduction: Prostitution and the Law Before the Wolfenden Committee—A Brief History
  4. 2. Prostitution and Public Space
  5. 3. Beyond London
  6. 4. Policing
  7. 5. Law, Jurisprudence, and Punishment
  8. 6. Brothels, Off-Street Premises, Privatization
  9. 7. Third Parties and Exploitation
  10. 8. Causes, Intervention, and Pathologization
  11. 9. Demand
  12. 10. Wolfenden’s Missing Women
  13. 11. The Report of the Departmental Committee on Homosexual Offences and Prostitution
  14. 12. Conclusion: The Legacies of Wolfenden
  15. Back Matter