Trigger Warning. Sexual persecution, criminal injustice, sexual activity in a youth (but not a minor).
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This was a difficult one to write, more so to research. I had hoped to have it for June and Pride month, but unfortunately, I wasn't able to get it finished in time. As some of you will know, I am an avid supporter of pride and equal rights for all sexualities. Whilst my research expertise is not in the history of gay rights, I do explore historical sexuality in some of my novels, and try to ensure that such individuals are sympathetically and genuinely portrayed. Now, as some of you know, my PhD expertise is is late 18th and early 19th century history. Whilst I focus mainly on asylums, I do also research this period in general. I did consider writing up a history here of homosexuality and the law but to do so would have stepped outside of my own expertise and so I have decided instead to discuss the topic within my own area. I also have been exploring this topic in relation to two separate novels I have written, to try to maintain historical accuracy with a sympathetic eye to those who were the victims of their times and a lack of understanding which existed therein.
Ok, so first and foremost it is important to realise that between the dates we are talking homosexuality - referred to often in contemporary documents as sodomy or as buggery - was illegal in some parts of the uk right up until the late seventies / early eighties. And by that, i mean the NINETEEN seventies and Eighties. Yes, it really was that recent. Homosexuality was punishable by death in England up until the 1860s and after that could still incur life imprisonment and worse in the twentieth centuries such as chemical castration.
One particularly useful source for historians of law and crime is that of the Old Bailey Proceedings. The Old Bailey proceedings were published as a commercial venture, (for money, to be sold to the public) but are considered less sensationalist than other more extreme eighteenth century crime books such as "The Newgate Calendar". They were basically, accounts of the trials which were held at the Old Bailey criminal courts in London. Their validity as a source has been discussed by historian John Langbein who states that whilst they were produced for commercial purposes, they suffer very little “invented nor significantly distorted” content. It is also discussed on the Old Bailey website, that these proceedings did have a better adherence to the truth of the matter, due to them needing the lord mayors signature before they could be printed.
On the old bailey website there are 166 entries for trials of "sodomy" between 1750 and 1850. This does not include anybody who was tried for "sodomitical intent" as due to how the people reported these incidents in the day, those are mixed in with sexual assaults and so it is difficult to gauge which were sexual assaults and which were examples of consensual homosexual relationships. Of the 166 people who were tried for sodomy, 90 of them were found to be guilty. The Old Bailey's own blog explains that it was actually difficult to prove sodomy as there had to be eyewitness evidence to both penetration and ejaculation to prove a case. None the less, half of the cases which went to trial at the Old Bailey were found to be guilty and of these men, over half received the full sentence of death by hanging. This then, already goes to show that the idea of people being put to death in England for nothing other than being gay is no old wives tale or rumour - it is an actual recorded truth. This is based on a very small case study, with easily accessible data and already we are looking at over 50 people who died for their sexual orientation - what I am trying to say is, this is the tip of the iceberg!
Just to note - it is harder to trace lesbianism in this way, as sexual behaviour between two women was not a capital offence - in cases of the law, it came down to penetration as a deciding factor between what was considered sex or not.
I think, out of all the cases which I read whilst I was researching for this piece, the one which touched my heart the most was that of a young man named Thomas White.
Thomas White was a sixteen year old boy who was hanged for sodomy in 1811. He was tried and convicted alongside his lover who was a man some years older than he was. The Old Bailey records state only that the pair had indulged in "unnatural behaviour" and that it was too shocking to print, however the newspapers of the time give more of an idea of what happened. One entry was found in Sun, 6th December 1810. Now whilst possibly a precursor to "the Sun" a tabloid paper, it is worth noting that the concept of tabloid papers did not really exist before 1900 and so all newspapers can be viewed to hold similar levels of sensationalism. However, this still gives us some insight into what happened.
On the night before the event happened, The lover, a Mr Hepburn, involved a companion to request a meeting with Thomas White, who was then sixteen. Hepburn was a soldier about to be deployed, and White was a drummer boy. White was approached by the mutual friend, and this proposition was put to him, by which he agreed although he suggested they not go to Mr Hepburn's apartments as suggested for a cordial dinner, but to go perhaps somewhere more private. They then proceeded to spend the night together. This would have remained a secret tryst, but for the accomplice in bringing the two together who, when realising the activity he had facilitated, went and alerted the law as to what had happened. Thomas was arrested straight away, he still being in London, and officers were sent to accost Hepburn and to bring him home. Both men were tried together at the Old Bailey. Both were found guilty and sentenced to be hanged. A brief respite was granted for reasons unknown, however this was revoked and both men were hanged three months later at Newgate Prison.
This is a similar story to many of the cases recorded by the Old Bailey. These are voices still not heard, a loss of lives which is negated and made hollow every time somebody says "Well, what about straight pride". Whilst there has of course been some progress since then, with homosexuality no longer illegal in the UK, elsewhere in the world, there are still executions every day of people for their sexuality. At a time when we celebrate pride, and the notion that love is love, it is also important to look backwards and remember those who lost their lives for that notion.
Thanks you for reading
Sources
https://www.oldbaileyonline.org/forms/formMain.jsp
British Newspaper Archive - Sun, 6th December 1810