Homosexuals instigators of crimes: Social dangerousness and the protection of the community in Valladolid during the late Francoism (1971-1972)

Abstract

The judicial repression of the sexual dissidences changed absolutely in the space and time occupied by the Franco´s dictatorship. The real convictions of the “Juzgado de Peligrosidad y Rehabilitación Social” of Valladolid during 1971 and 1972 are a relatively singular case among the legal files which have been studied until now. This is due to the fact that the element, which was most taken into account to declare homosexuals “in a state of social danger” by the judicial arguments, was the “incitement” to commit “homosexual acts”. Besides, these sentences would explicitly include that such sentences were dictated in order to protect the community. So, factors like the social class or the gender did not seem to be so important as they were when they started up patterns to sentence in other courts like the ones in Barcelona or in Bilbao. In Valladolid, they would convict the “uranian” son of a family of the local industrial bourgeoisie or a boy who “could not earn his living legally” and lived at their expense, whereas, other “uranians” and other homosexuals” without legal livelihood” would not be convicted.