1 R v Albert McNamara and William Guilfoyle, in Briefs, Depositions and Associated Papers in Criminal Cases Heard, 1 November 1905 to 30 November 1905, Queensland State Archives (hereafter QSA), SCT/CC173.Google Scholar

2 Hughes, Robert, The Fatal Shore: A History of the Transportation of Convicts to Australia, 1787–1868 (London: Collins Harvill, 1987); Joy Damousi, Depraved and Disorderly: Female Convicts, Sexuality and Gender in Colonial Australia (Cambridge: Cambridge University Press, 1997).Google Scholar

3 The most pertinent work on the formation of homosexual identity and subculture in Australia between the end of convictism and the rise of modern homosexual subculture includes: Clive Moore, Sunshine and Rainbows: The Development of Gay and Lesbian Culture in Queensland (St Lucia: University of Queensland Press in association with the API Network, 2001), esp. 25–89; Clive Moore, ‘Just Mates? Masculinity and Sexuality’ (unpublished manuscript, 2003), 1–17; Clive Moore and Bryan Jamison, ‘Making the Modern Australian Homosexual Male: Queensland's Criminal Justice System and Homosexual Offences, 1860–1954’, Crime, History & Societies 11(1) (2007): 27–54; Robert French, Camping by a Billabong: Gay and Lesbian Stories from Australian History (Sydney: Blackwattle Press, 1993); Clive Moore, ‘The Frontier Makes Strange Bedfellows: Masculinity, Mateship and Homosexuality in Colonial Queensland’, in Garry Wotherspoon, ed., Gay and Lesbian Perspectives III: Essays in Australian Culture (Sydney: Department of Economic History with The Australian Centre for Gay and Lesbian Research, University of Sydney, 1996), 17–44; Clive Moore, ‘That Abominable Crime: First Steps Towards a Social History of Male Homosexuals in Colonial Queensland, 1859–1900’, in Robert Aldrich, ed., Gay Perspectives II: More Essays in Australian Gay Culture (Sydney: Department of Economic History with the Australian Centre for Gay and Lesbian Research, University of Sydney Press, 1994), 115–18; Bruce Baskerville, ‘“;Agreed to Without Debate”: Silencing Sodomy in Colonial Western Australia, 1870–1905’, in Robert Aldrich and Garry Wotherspoon, eds, Gay and Lesbian Perspectives IV: Studies in Australian Culture (Sydney: Department of Economic History with The Australian Centre for Lesbian and Gay Research, University of Sydney, 1998), 95–115; Walter J. Fogarty, ‘“;Certain Habits”: The Development of a Concept of the Male Homosexual in New South Wales Law, 1788–1900’, in Robert Aldrich and Garry Wotherspoon, eds, Gay Perspectives: Essays in Australian Gay Culture (Sydney: Department of Economic History, University of Sydney, 1992), 59–76; Adam Carr, ‘Policing the “Abominable Crime” in Nineteenth Century Victoria’, in David L. Philips and Graham Willett, eds, Australia's Homosexual Histories: Gay and Lesbian Perspectives 5 (Melbourne: Australian Centre for Lesbian and Gay Research and the Australian Lesbian and Gay Archives, 2000), 27–10; Anne-Marie Collins, Women and Policing: Uncertain Histories, PhD thesis, Griffith University, 1997.Google Scholar

4 See for example, Wotherspoon, Garry, City of the Plain: History of a Gay Subculture (Sydney: Hale and Iremonger, 1994); Willett, Graham, Living Out Loud: A History of Gay and Lesbian Activism in Australia (Sydney: Allen and Unwin, 2000); Hodge, Dino, Did You Meet Any Malagas? A Homosexual History of Australia's Tropical Capital (Night Cliff, NT: Little Gem Publications, 1993); Reynolds, Robert, From Camp to Queer: Remaking the Australian Homosexual (Melbourne: Melbourne University Press, 2002).Google Scholar

5 For the purpose of this paper, a definitive charge is one that has been positively ascertained as relating to male-to-male sexual behaviour (as opposed to charges of bestiality or heterosexual sodomy). The charges have been calculated from information contained in the Register of Criminal Depositions Received held at QSA. The author acknowledges that the Register is a less accurate measure of the charges than the criminal indictments. Moreover, the taxonomy of criminal charges clouds the exact figure and the total number of offences is most likely higher than can be ascertained here. The numbers presented here are a criminal law estimate and it must be acknowledged that for every sexual story told within the criminal justice system many remain untold. The vast majority of homosexual incidences were never recorded. The information that remains is more accurately a reflection of the policing of particular offences than actual incidence.Google Scholar

6 Byrne, Paula J., Criminal Law and Colonial Subject: New South Wales, 1810–1810 (Melbourne: Cambridge University Press), 9.Google Scholar

7 Simes, Gary, ‘The Language of Homosexuality in Australia’, in Aldrich and Wotherspoon, Gay Perspectives, 41.Google Scholar

8 Trumbach, Randolph, ‘London's Sodomites: Homosexual Behaviour and Western Culture in the Eighteenth Century’, Journal of Social History 11 (1977): 15.Google Scholar

9 Trumbach, ‘London's Sodomites’, 15.Google Scholar

10 Aldrich, Robert, Colonialism and Homosexuality (London: Routledge, 2003), 239.Google Scholar

11 Aldrich, Colonialism and Homosexuality, 239Google Scholar

12 Knopp, Lawrence, ‘Sexuality and Urban Space: A Framework for Analysis’, in Bell, David and Valentine, Gill, eds, Mapping Desire: Geographies of Sexualities (New York: Routledge, 1995), 154.Google Scholar

13 Bell, David, ‘Perverse Dynamics, Sexual Citizenship and the Transformation of Intimacy’, in Bell and Valentine, Mapping Desire, 306; Maynard, Steven, ‘Through a Hole in the Lavatory Wall: Homosexual Subcultures, Police Surveillance, and the Dialectics of Discovery, Toronto, 1890–1930’, Journal of the History of Sexuality 5(2) (1994): 216–17; Chauncey, George, ‘Privacy Could Only be Had in Public: Gay Uses of the Streets’, in Saunders, Joel, ed., Stud: Architectures of Masculinity (New York: Princeton University Press, 1996), 225.Google Scholar

14 Knopp, ‘Sexuality and Urban Space’, 154, 155.Google Scholar

15 ibid.Google Scholar

16 Leap, William, ‘Introduction’, in Leap, William, ed., Public Sex/Gay Space (New York: Columbia University Press, 1999), 7.Google Scholar

17 Carbery, Graham, ‘Some Melbourne Beats: A Map of a Subculture from the 1930s to the 1950s’, in Aldrich and Wotherspoon, Gay Perspectives, 132, 142–43; Moore, Clive, ‘From Beats to Cyber Sex: Australian Gay Male Appropriation of Public Space’, in Russell, Lynette ed., Boundary Writing: An Exploration of Race, Culture and Gender Binaries in Contemporary Australia (Honolulu: University of Hawaii Press, 2006), 27; Ira Tattelman, ‘Speaking to the Gay Bathhouse: Communicating in Sexually Charged Spaces’, in Public Sex/Gay Space, 71, 82–83; Richard Tewksbury, ‘Cruising for Sex in Public Places: The Structure and Language of Men's Hidden, Erotic Worlds’, Deviant Behaviour: An Interdisciplinary Journal 17 (1995): 4–9.Google Scholar

18 Chauncey, ‘Privacy Could Only be Had in Public’, p. 238.Google Scholar

19 Wotherspoon, Garry, ‘A Sodom in the South Pacific: Male Homosexuality in Sydney 1788–1809’, in Aplin, Graeme, ed., A Difficult Infant: Sydney Before Macquarie (Sydney: New South Wales University Press, 1988), 98.Google Scholar

20 Moore, ‘The Frontier Makes Strange Bedfellows’, 20–22, 24; Wotherspoon, ‘A Sodom in the South Pacific’, 95, 97; Wotherspoon, City of the Plain, 20; French, Camping by a Billabong, 9; Moore, Sunshine and Rainbows, 31.Google Scholar

21 Wotherspoon, ‘A Sodom in the South Pacific’, 98.Google Scholar

22 French, Camping by a Billabong, 43.Google Scholar

23 Baskerville, ‘“;Agreed to Without Debate”’, 104–05Google Scholar

24 Carr, ‘Policing the “Abominable Crime”’, 27–40; Wayne Murdoch, ‘“;Disgusting Doings” and “Putrid Practices”: Reporting Homosexual Men's Lives in the Melbourne Truth During the First World War’, in Aldrich and Wotherspoon, Gay and Lesbian Perspectives IV, 116–31; Wayne Murdoch, ‘Homosexuality and Melbourne Truth: An Annotated Listing, 1913–1945’, in Philips and Willett, Australia's Homosexual Histories, 177–21; Carbery, ‘Some Melbourne Beats’, 131–15.Google Scholar

25 Moore, Sunshine and Rainbows, 70.Google Scholar

26 R v James Stuart, in Briefs, Depositions and Associated Papers in Criminal Cases Heard, 1 May 1907 to 30 May 1907, QSA, Brisbane, SCT/CC184; ‘Back Block Bestiality: An Alleged Unnatural Offence’, Truth (Brisbane), 31 March 1907; ‘Police Courts’, Brisbane Courier, 29 March 1907.Google Scholar

27 Moore, Sunshine and Rainbows, 88.Google Scholar

28 R v Stuart, QSA, SCT/CC184.Google Scholar

29 ibid.Google Scholar

30 ibid.Google Scholar

31 ibid.Google Scholar

32 ibid.Google Scholar

33 Carbery, ‘Some Melbourne Beats’, 131.Google Scholar

34 Wotherspoon, City of the Plain, 67.Google Scholar

35 Moore, Clive, ‘Poofs in the Park: Documenting Gay “Beats” in Queensland, Australia’, GLQ: A Journal of Lesbian and Gay Studies, 2(1–2) (1995): 319–39.Google Scholar

36 ibid.: 330–37. Also see Yorick Smaal, More Than Mates? Masculinity, Homosexuality, and the Formation of an Embryonic Homosexual Subculture in Queensland, 1890–1914, MPhil thesis, University of Queensland, 2004, 113–14.Google Scholar

37 R v Ernest Fontain, in Briefs, Depositions and Associated Papers in Criminal Cases Heard, 1 August 1911 to 31 August 1911, QSA, SCT/CC224; R v Herbert Garnham, in Briefs, Depositions and Associated Papers in Criminal Cases Heard, 1 March 1910 to 31 March 1910, QSA, CCT/N59.Google Scholar

38 R v James Anderson and Job Allen, in Briefs, Depositions and Associated Papers in Criminal Cases Heard, 1 April 1892 to 30 April 1892, QSA, SCT/CC99.Google Scholar

39 ibid.Google Scholar

40 ibid.Google Scholar

41 ibid.Google Scholar

42 Tewksbury, ‘Cruising for Sex’, 8–10.Google Scholar

43 ibid.Google Scholar

44 Durgadas, Ganapati, ‘Fatness and Feminised Men’, in Atkins, Dawn, ed., Looking Queer: Body Image and Identity in Lesbian, Bisexual, Gay and Transgender (New York: Harworth Press, 1998), 369.Google Scholar

45 Durgadas, ‘Fatness and Feminised Men’, 369.Google Scholar

46 Brisbane Courier, 22 January 1895.Google Scholar

47 R v John Lowry, in Briefs, Depositions and Associated Papers in Criminal Cases Heard, 1 February 1907 to 28 February 1907, QSA, SCT/CC183; ‘Lowry's Lurk: Grabbing Gold Rings’ Truth (Brisbane), 13 January 1907.Google Scholar

48 R v Lowry, QSA, SCT/CC183.Google Scholar

49 Moore, Sunshine and Rainbows, 86.Google Scholar

50 Spearritt, Katie, The Poverty of Protection: Women and Marriage in Colonial Queensland, 1870–1900, BA Hons thesis, University of Queensland, 1988, 31.Google Scholar

51 R v George Isap, in Criminal Files, 1 January 1900 to 31 December 1900, QSA, A/18329; R v Robert Marshall, in Depositions, 1 January 1907 to 31 December 1907, QSA, A/4972; Her Majesty's Gaol, Entry No. 15/2302, in Register of Male Prisoners Admitted: Admission Book, August 1901 to May 1903, QSA, PRI 1/14A.Google Scholar

52 Table 6: ‘Sex Ratio, States and Territories, 31 December 1796 Onwards’, Australian Historical Population Statistics, www.abs.gov.au.Google Scholar

53 Carr, ‘Policing the “Abominable Crime”’, 36.Google Scholar

54 Baskerville, ‘“;Agreed to Without Debate”’, 104.Google Scholar

55 R v John Talty, in Briefs, Depositions and Associated Papers in Criminal Cases Heard, 1 September 1910 to 30 September 1907, QSA, CCT4/N60; ‘Supreme Court: Criminal Sittings’, Darling Downs Gazette, 21 September 1910, 5.Google Scholar

56 R v Talty, QSA, CCT4/N60.Google Scholar

57 ibid.Google Scholar

58 Darling Downs Gazette, 21 September 1910.Google Scholar

59 ibid.Google Scholar

60 R v Talty, QSA, CCT4/N60.Google Scholar

61 R v Patrick Keating, in Briefs, Depositions and Associated Papers in Criminal Cases Heard, 1 April 1907 to 30 September 1907, QSA, CCT4/N54.Google Scholar

62 ibid.Google Scholar

63 ibid.Google Scholar

64 ibid.Google Scholar

65 Lee, John, ‘Male Homosexual Identity and Subculture in Adelaide Before World War II’, in Aldrich, Gay Perspectives, 104–05.Google Scholar