“The Great Morality Scandal” (1906-1907)
(Translated from Danmarkshistorien.dk)
The Great Morality Scandal was a criminal case that shook Copenhagen in the years 1906-1907. The scandal revealed that Copenhagen was home to a larger homosexual subculture, where, among other things, male prostitution played a prominent role. In the aftermath of the case followed intensive public debate about how authorities should regulate sexual relations between people of the same gender. Over time, these discussions contributed to Denmark’s decriminalization of homosexuality in 1930.
Before the Scandal
Around the year 1900, Copenhagen had become home to a large gay male subculture. The subculture flourished both in private circles and on the city’s streets. The primary public meeting places were Nørrevold and the areas around Rådhuspladsen, Tivoli and Vesterbro. The latter was also characterised by large-scale male prostitution. Young men from the city’s working class were selling sexual services to older, middle-class men.
At the beginning of the 20th century, male prostitution had become so visible that politicians had begun to take notice. As there was no mention of homosexual prostitution in the 1866 penal code, parliament approved a new law on the 1st of April 1905 which banned the buying and selling of sex between two people of the same gender. The law stated that the selling party could be punished with up to two years in prison, while there were no consequences specified for the buying party. However, the client could still be punished under the penal code’s existing ban on sex between men. According to § 177 of the common Danish penal code of 1866, so-called “crimes against nature,” including oral- and anal sex between men, could be punished with institutionalisation and forced labour. Indecent relations with boys under the age of 15 were also prohibited under § 185. It was especially the new ban on male prostitution which led to the Great Morality Scandal in 1906. None of the bans included sexual relations between women. Such relations were completely outside of the penal code’s frame of reference.
The Proceedings
In July 1906, Copenhagen’s police arrested two young men in a back alley on Tordenskjoldsgade in the inner city on suspicions of attempted burglary. During the interrogation, however, it became clear that the two men had sought refuge in the alley to “commit indecencies” with each other. It was also discovered that one of the men made a living prostituting himself. Using the men’s testimony, police arrested three other male prostitutes between August and September 1906. The case was, at this time, small and exclusively about male prostitution. It was only covered by the tabloid Middagsposten, which started a minor campaign against homosexuality.
Things changed in November 1906, when the young actor Jean Büron ([later Jean Hersholt] 1886-1956) accused the dentist Emil Aae (1873-1926) of breaking § 177 with him, meaning they had some type of sexual intercourse. Büron had been arrested for prostitution himself only a short time beforehand. Police arrested Emil Aae on the 8th of November 1906. Based on the testimony they received from Aae and anonymous male prostitutes, police arrested 7 middle-class men between November and January. The men were accused of breaking the common Danish penal code §§ 177 and 185 with several different young men and boys. The accused included prominent men such as police sergeant Carl Hansen (1870-1939) and the lawyer Victor Stilling (1873-????), whose father was serving in parliament at the time. The men’s social standing and the fact that homosexuality was appearing to be a widespread phenomenon in the capital triggered a state of moral panic in Copenhagen. Led by the colourful local tabloids, the city’s daily political papers began covering the case intensively between November and December 1906. They named it The Great Morality Scandal. Continuing up until autumn 1907, the local news followed the case’s development closely.
The judgements fell on the 1st of October 1907. Seven out of the eight men were sentenced to between eight months and two years forced labour for breaking §§ 177 and 185. The last man, Carl Hansen, was sentenced to two months in prison, where he was only allowed to consume water and dry bread, for breaking § 185. Five male prostitutes were also sentenced to between 3 and 5 months forced labour. Jean Büron was sentenced to 8 months of forced labour for breaking § 177, as well as male prostitution.
Photo from Copenhagen’s police archives depicting one of the convicted men, the dentist Emil Aae (1873-1926)
The Scandal’s aftermath and consequences
The Great Morality Scandal was Denmark’s first big homosexual scandal. Because of the case, the term “homosexuality” was for the first time introduced to the wider Danish population. The term “homosexual” was a relatively recent invention at the time. It was first used by German sexologists at the tail-end of the 19th century. It was used to describe an inborn, pathological disposition towards same-gender desires and sexuality. This replaced the old conceptualisation of such desires, which had previously been understood simply as a lack of morality. Through their coverage of The Great Morality Scandal, Copenhagen’s newspapers and tabloids played a vital role in introducing “homosexuality” as a term. They helped make homosexuality a part of their readers’ reality. They also led numerous harassment campaigns against the Danish writer and journalist Herman Bang (1857-1912), using him as an example of the archetypical homosexual man.
The Great Morality Scandal also brought with it a lot of discussion regarding the state’s regulation of sex between men. These discussions often fixated on the fact that police had only intervened in cases where young men or minors were involved. This praxis was against § 177, which prohibited all oral- and anal sex between men, regardless of their age.
In the fall of 1907, the Danish Crime Association held their annual meeting, where they debated Denmark’s leading legal and medical experts on homosexuality’s legal status. Referencing the latest sexological research, the experts argued that homosexuality was an inborn, biological disposition. Because of this, they recommended that homosexual relations between consenting adults be formally decriminalised. They argued that it wasn’t right to punish people for their inborn nature. Authorities should only intervene in cases of coercion, violence, or exploitation of minors. In the long run, their recommendations helped pave the way for the decriminalisation of homosexuality in 1930.







