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
higher than that for consent to prostitution. It was urged that
the age of consent ought to be advanced to that of legal majority;
that girls "have a right to legal protection of their persons,
which is more imperative by far than is the protection which every
state has recognized as a matter beyond controversy when applied
to a girl's property or her ability to make contracts, deeds, and
wills, or to her control of herself in any matters which are of
importance to her as an individual, and to the state, because she
is one of its citizens whose future welfare is a matter of moment
to the commonwealth;" and that in respect to her person, as well
as regarding property or marriage, she should be protected even
against her own will.[680] As a result of the campaign of 1895
alone the age of consent was raised in no less than fifteen states
and territories; and in the outset it was significantly pointed
out that the "two states in which the age of legal protection for
girlhood has been raised to eighteen years are states in which women
vote--Wyoming, upon equal terms with men, and Kansas, in municipal
elections."[681] A brief summary of the laws of the states and
territories regarding the subject under consideration may now be
presented.
[677] "Age of consent laws, in their usual acceptation, refer
to the crime of rape, and designate the age at which a young
girl may legally consent to carnal relations with the other sex.
Statutes pertaining to rape provide, in varying phrase, for the
punishment of 'whoever ravishes and carnally knows a female by
force and against her will,' at any age; and also penalties for
whoever unlawfully and carnally knows a female child, with or
without consent, under a given age."--POWELL, in _Arena_, XI, 192.
[678] "In the New York senate, in 1890, a bill was introduced
to lower the age of consent from sixteen to fourteen years. It
was reported favorably by the senate judiciary committee, but
vigorous protests against the proposed retrograde legislation
were promptly sent to Albany by the friends of purity, and the
disreputable scheme was defeated. It was understood to have
originated with Rochester attorneys who sought thus to provide
a way of escape for a client, a well-to-do debauchee guilty
of despoiling a young girl under the legally protected age of
sixteen." A similar attempt, in the house, in 1892, in the
interest of the New York brothel-keepers, was barely defeated by
calling for the yeas and nays. "In the Kansas senate, in 1889, a
bill was introduced and passed to lower the age ... from eighteen
to twelve years. The house was flooded with earnest protests, and
its judiciary committee reported adversely the disgraceful senate
bill."--POWELL, _loc. cit._, 194, 195.
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