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Charged With A Historic Buggery?
Call us now on 01623 600645

 

Historic Buggery Charges

 

 

Historic Sexual Offences: Buggery

 

Private consensual buggery between men over 21 (reduced to 18 in 1994 and 16 in 2001) is not an offence and should never be charged, due to retrospective legislation.

 

The offence should therefore only be used in cases involving children, without consent, in public (including in cases where more than two people are present or taking part) or involving animals.

 

It is important to ensure that the correct charge has been laid against you. Specifically, while offences committed before 3 November 1994 involving non-consensual anal intercourse should be charged as buggery, the same offence committed after that date should be charged as rape.

 

Buggery requires penetration of the anus, however slight, and with no ejaculation required. The offence can be committed by a man against another man, a woman or an animal.

 

If the act takes place, the offence is proved. State of mind is irrelevant.

 

Sentencing for historic buggery cases is as follows:

 

  • Life imprisonment when committed with/against a person under 16, regardless of consent;
  • 10 years’ imprisonment with a person over 16 without consent to 2 November 1994, thereafter maximum life imprisonment;
  • Five years’ imprisonment where the accused is over 21 and the other person is aged 16-20, up to 2 November 1994;
  • Five years’ imprisonment where the accused is over 21 and the other person is aged 16-18 from 3 November 1994 to 30 April 2004;
  • Two years’ imprisonment if consenting adults otherwise than in private where the offence is not time barred

 

There is a separate offence of attempted buggery, with sentencing guidelines as follows:

 

  • 10 years’ imprisonment to 26 July 1967;
  • 10 years’ imprisonment if the other party was a boy under 16, a woman of an animal AND the offence was committed from 27 July 1967 to 2 November 1994;
  • Five years’ imprisonment if the other person was 16 or over and the offence was committed from 27 July 1967 to 2 November 1994;
  • Life imprisonment with a person under 16 or an animal AND the offence was committed from 3 November 1994 to 30 April 2004;
  • Five years’ imprisonment where the accused is over 21 and the other person is aged 16-18 from 3 November 1994 to 30 April 2004;
  • Two years’ imprisonment if consenting adults otherwise than in private where the offence is not time barred, from 3 November 1994 to 30 April 2004

 

If you are being investigated for, or charged with, a historic buggery offence, call our specialist team now on 01623 600645.