First attempt to repeal of the Contagious Diseases Acts; 1869–1874
In 1869 Butler became aware of the Contagious Diseases Acts. They had been introduced in 1864, 1866 and 1869 to regulate prostitution in an attempt to control the spread of venereal diseases, particularly in the British Army and Royal Navy. The Acts authorised the police to detain women in specific areas considered to be prostitutes—no evidence was needed, other than the police officer's word. If a magistrate agreed, women were given genital examinations. If women were suffering from sexually transmitted diseases, they were held in a lock hospital until the condition was cured. If they refused to be examined or hospitalised they could be imprisoned, often with hard labour.
Units of plain-clothed policemen specialised in arresting suspected prostitutes; according to Jordan, the officers were "hated for their surveillance and harassment of prostitutes and working-class women ... who they treated with little regard for their legal rights". Women who were subjected to the examination found their names and reputations affected and, according to the historian Hilary Cashman, "the Acts had the effect of turning them to prostitution by barring respectable ways of life to them".
In September 1869 Wolstenholme met Butler in Bristol to discuss what could be done about the Acts. The National Association for the Repeal of the Contagious Diseases Acts was founded that October, but excluded women from its membership. In response, Wolstenholme and Butler formed the Ladies National Association for the Repeal of the Contagious Diseases Acts (LNA) before the end of the year. The organisation published a Ladies Manifesto, which stated that the Acts were discriminatory on grounds of both sex and class; the Acts, it was claimed:
not only deprived poor women of their constitutional rights and forced them to submit to a degrading internal examination, but they officially sanctioned a double standard of sexual morality, which justified male sexual access to a class of 'fallen' women and penalised women for engaging in the same vice as men.
On 31 December 1869 the Ladies National Association published a statement in The Daily News that it had "been formed for the purposes of obtaining the repeal of these obnoxious Acts". Among the 124 signatories were the social theorist Harriet Martineau and the social reformer Florence Nightingale.
Butler toured Britain in 1870, travelling 3,700 miles to attend 99 meetings in the course of the year. She focused her attention on working-class family men, the majority of whom were outraged at the description Butler gave of the examination women were forced to undergo; she called the process surgical or steel rape. Although she persuaded many members of her audiences, she faced significant opposition, which put her in danger. At one meeting pimps threw cow dung at her; at another, the windows of her hotel were smashed, while at a third, threats were made to burn down the building where she was hosting a meeting.
At the 1870 Colchester parliamentary by-election the LNA fielded a candidate against the Liberal Party candidate Sir Henry Storks, a supporter of the Acts, who had implemented a similar regime when he commanded the British army in Malta. Butler held several local meetings during the campaign; during one, she was chased by a group of brothel owners. The presence of the LNA candidate split the Liberal vote and allowed the Conservative Party candidate to win the seat; Butler considered that "it proved to be somewhat of a turning-point in the history of our crusade". Because of Stork's loss at the by-election the Home Secretary, Henry Bruce, announced a Royal Commission to examine the situation. One MP told Butler that
Your manifesto has shaken us very badly in the House of Commons; a leading man in the House remarked to me, "We know how to manage any other opposition in the House or in the country, but this is very awkward for us—this revolt of the women. It is quite a new thing; what are we to do with such an opposition as this?"
The commission began work in early January 1871 and spent six months taking evidence. After Butler testified on 18 March, a member of the committee, Liberal MP Peter Rylands, stated: "I am not accustomed to religious phraseology, but I cannot give you an idea of the effect produced except by saying that the spirit of God was there". Nevertheless, the commission's report defended the one-sided nature of the legislation, saying "... there is no comparison to be made between prostitutes and the men who consort with them. With the one sex the offence is committed as a matter of gain; with the other it is an irregular indulgence of a natural impulse." The report accepted the findings that the sexual health of men in the 18 areas covered by the Acts had improved. In relation to the compulsory examinations, the commission was swayed by the descriptions of "steel rape", and suggested it should be voluntary not compulsory. The commission heard significant evidence that many prostitutes were as young as 12 and recommended that the age of consent should be raised from 12 to 14. Bruce took no action on the recommendations for six months.
In February 1872 Bruce proposed a bill that took some of the commission's recommendations, but widened the geographical scope from the 18 military centres to the whole of the UK. Although the LNA's initial stance was to accept some of the bill's clauses and try and change others, Butler rejected it in its entirety and published The New Era, a 56-page pamphlet attacking the legislation; the pamphlet was re-published in serial form in The Shield. It was the first split in the repeal movement and she lost many personal supporters because of her stance. The bill faced too much opposition from the parliamentary supporters of the Contagious Diseases Acts, and was withdrawn.
Two months after the withdrawal of Bruce's bill, a ministerial by-election in Pontefract in 1872 gave the LNA an opportunity for further action. Although they did not field a candidate, Butler attended meetings in the town. At one LNA meeting the floor of the room had been liberally sprinkled with cayenne pepper by her opponents, making speaking difficult. After it was cleared away, her opponents set bales of straw alight in a storeroom below, which led to smoke rising through the floorboards; two members of the Metropolitan Police—specially drafted into the town for the by-election—looked on but took no action. Although the incumbent Liberal candidate, Hugh Childers, was returned, there were heavy abstentions, and his vote was reduced by around 150 (from an electorate of 2,000). In December 1872 Butler met the Prime Minister, William Gladstone, when he visited Liverpool College. Although he supported the aims of the LNA, he was politically unable to back the LNA publicly, and had supported Bruce's bill.