Offences Against the Person Act 1875

Offences against the Person Act 1875^[1]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the Law relating to Offences against the Person.
Citation	38 & 39 Vict. c. 94
Territorial extent	England and Wales Ireland [a]
Dates
Royal assent	13 August 1875
Commencement	13 August 1875[b]
Repealed	14 August 1885[2]
Other legislation
Amended by	Statute Law Revision Act 1883
Repealed by	Criminal Law Amendment Act 1885, s.19 & Sch.
Status: Repealed
Text of statute as originally enacted

The Offences against the Person Act 1875 (38 & 39 Vict. c. 94) was an act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was). Its purpose was to extend the scope of sexual offences against children.

Section 2

This section repealed sections 50 and 51 of the Offences against the Person Act 1861 with savings.

2. Sections fifty and fifty-one of the Act of the twenty-fourth and twenty-fifth years of the reign of Her Majesty, chapter one hundred, are hereby repealed, except as to any thing heretofore duly done thereunder, and except so far as may be necessary for the purpose of supporting and continuing any proceeding taken or of prosecuting or punishing any person for any offence committed before the passing of this Act.

Section 3 – Abusing a girl under 12

This section replaced section 50 of the Offences against the Person Act 1861 (which created a felony in relation only to girls under 10).

When the act was repealed, it was in turn replaced by section 4 of the Criminal Law Amendment Act 1885 (increasing the age to 13).

3. Whosoever shall unlawfully and carnally know and abuse any girl under the age of twelve years shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than five years, or to be imprisoned for any term not exceeding two years, with or without hard labour.

Section 4 – Abusing a girl between 12 and 13

This section replaced section 51 of the Offences against the Person Act 1861 (which created a misdemeanour in relation to girls between 10 and 12).

When the act was repealed, it was turn replaced by section 5(1) of the Criminal Law Amendment Act 1885 (changing the age range from 13 to 16).

4. Whosoever shall unlawfully and carnally know abuse any girl being above the age of twelve years and the age of thirteen years, whether with or without her consent, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable, at the discretion of the court, to imprisoned for any term not exceeding two years, with without hard labour.

Section 5

This section provided that the act was to be construed as though it and the Offences against the Person Act 1861 (as amended by this act) were one act.

Its effect was that the definition of carnal knowledge provided by section 63 of that act applied to the offences created by sections 3 and 4 of this act.

5. This Act shall be deemed to be incorporated with Act of the twenty-fourth and twenty-fifth years of the reign of Her Majesty, chapter one hundred, and shall be construed as if the said Act (except such parts thereof as are repealed or amended by this Act) and this Act were one Act.

Section 6 – Extent

This section provided that the Act did not extend to Scotland.

6. This Act shall not extend to Scotland.

See also

• Offences Against the Person Act

Notes

1. Section 6.
2. The Acts of Parliament (Commencement) Act 1793.

References

1. This short title was given by section 1 of the act.
2. The Criminal Law Amendment Act 1885 came into force on the date that it received royal assent, because no other commencement was specified: Acts of Parliament (Commencement) Act 1793