A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
In many of the states the laws governing the "age of consent"--that
is, the age below which a person may not legally consent to carnal
union[677]--are still very defective, although distinct progress
has been made since 1885. In that year Mr. W. T. Stead's exposure
of the frightful traffic in young girls then tolerated in London
aroused the social conscience on both sides of the sea. The "old
common law period of ten, sometimes twelve, years" was then "the
basis of the age of consent legislation of most of the states, and
also of the law of congress pertaining to rape in the District of
Columbia and other territory under the immediate jurisdiction of
the national government.... It was not until after the astounding
revelations made by Mr. Stead ... that the age of consent laws in
the United States began to attract attention.... Even then the age
of consent in England was thirteen years. One outcome of Mr. Stead's
shocking exposures was the speedy raising of the age by the British
parliament from thirteen to sixteen years, Mr. Gladstone and others
advocating eighteen." The New York Committee for the Prevention of
State Regulation of Vice was already engaged in its long struggle to
"thwart the periodical efforts[678] made to introduce in New York
and other American cities the odious old-world system of licensed
and state-regulated vice; but its members were quite unaware, until
Mr. Stead's startling London revelations suggested the inquiry
here, that, by the age of consent laws of New York and of most of
the states, young girls of ten years were made legally capable of
consenting to their own ruin, and that at that time in one state,
Delaware, the age was at the shockingly low period of seven years!
Bad as English law had been shown to be in its inadequate protection
of girlhood our own legal position ... was found to be still worse.
The New York committee, as soon as the facts were known, inaugurated
a campaign of petitions to sundry state legislatures and to the
congress of the United States, asking that the age be raised to at
least eighteen years, and the work was also entered into earnestly
and effectively by the Woman's Christian Temperance Unions and
the White Cross societies."[679] Under the leadership of Helen H.
Gardener, Frances E. Willard, and others, the women of the country
conducted a veritable "crusade" of education against the existing
state laws, which for zeal, ability, and effective method may well
serve as a model for future united efforts in favor of social
reforms. It was pointed out as a notorious fact "that brothels and
vice-factories get their recruits from the ranks of childhood--from
the ignorance which is unprotected by the law;" that "children's
lives are thus wrecked, and the state is burdened with disease and
vice and crime and insanity, which is transmitted and retransmitted
until its proportions appall those who understand;" and that it
is absurd to make the legal age for consent to a valid marriage
Public-domain text, read in full here on John Shaqi.
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