Consenting heterosexuals ? Nothing occurs at this time. However, in considering how this offence worked, it is worth considering a case rather close to home in terms of this Forum. The late Alan Turing, wartime super-boffin and major contributor to the breaking of the German Enigma code and a father of modern electronic computing was, through a series of mischances, prosecuted for “gross indecency” under section 11 of the Criminal Law Amendment Act, 1885 (now repealed) which governed this offence at the time (1952). Victorian legislation, it will be noted, declined to define the act by name, a fact often put down to Victorian prudery. There was no problem, however, with allowing the judges to “fill out” this omission in common law. Earlier British legal references to the act stress its character as an “abomination” and suchlike. The flavor of such comments suggests a tendency to regard it as something close to an offence of strict liability; if the act could be proved to have taken place, mental considerations of intent and culpability do not seem to have received their usual weight in deciding such cases. Also, consent was not a defence to a charge of “gross indecency”. Two males - or indeed a male and a female - could be prosecuted, even if the act was consensual.
One might ask - were Victorian policemen in the habit of breaking into a … well, bugger’s bedroom with a cry of “Gotcha !” ? Well, not generally. However, circumstances could arise in which a case could come to their attention, and these (presumably at the discretion of the Officer in Charge and/or the Attorney General) could be prosecuted. In poor Turing’s case, he had formed a sexual relationship - purely consensual - with a young man, who informed him that a burglary at his house was down to an acquaintance of the young man. Turing reported the crime to the Coppers who, in the course of their enquiries, uncovered the relationship, leading to both Turing and the young man being charged under section 11. Both Turing and the youth eventually pleaded guilty to the charge, presumably seeing little chance of successfully defending the charge.
An example of a more obvious way in which such a charge could come to court is that of persons involved with male prostitutes. The most spectacular example I can think of is that of Oscar Wilde. Oscar was a pretty obviously bisexual in late Victorian society, and his proclivities were probably pretty well-known in aristocratic and artistic circles. However, it is unlikely that this would ever have led to a charge, had it not been for the disastrous sequence of events initiated by the Marquis of Queensberry, father of his (consensual) lover, Lord Alfred Douglas, when he left a card at Oscar’s club suggesting that he was a “somdomite” (sic). This prompted Wilde to launch a prosecution for criminal libel against Queensberry - “the Tower has been assailed by the Vile Thing”. This proved very ill-advised. Queensberry, a very wealthy man, engaged a top-class legal team, headed by Edward Carson, QC. Carson concentrated his withering defence on the standard defamation defence of “justification” - meaning that Queensberry’s assertion was true. The hard core of this defence rested on the discovery by Carson’s investigators of liaisons between Wilde and male prostitutes. Following the collapse of the case of Wilde v. Queensberry, the authorities felt they had little alternative but to prosecute Wilde for gross indecency - Regina v. Wilde. They were clearly unenthusiastic about the prosecution, but the notoriety of the preceding criminal libel case left them, politically, little choice. Oscar did not help himself by his rather inept defence, which tended to confirm rather than disprove the fact that he had engaged in (consensual) sex acts with males. Oscar went to prison. Much more mundane cases, involving public toilets and so on, would also have been prosecuted. In this connection, it is worth noting that “gross indecency” was defined (insofar as it was defined) effectively to include any sex acts between males.
This does not completely answer your question, 32Bravo - I do not know of any case of a “gross indecency” case brought in relation to the activities of consenting heterosexuals. It should be clear, however, that it was indeed possible in view of the scope of the offence, the degree of disapprobation attaching to it, and the manner in which such cases were tried in male-on-male, consensual cases. Best regards, JR.