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
Texas advanced the limit from ten to
twelve in 1891, and to fifteen in 1895;[698] South Carolina,[699]
from ten to fourteen, and Virginia,[700] from twelve to fourteen,
in 1896; West Virginia,[701] from twelve to fourteen in 1901;
North Carolina,[702] from ten to fourteen in 1895; Alabama,[703]
from ten to fourteen in 1897; while fourteen is likewise the age
in New Mexico[704] and possibly also in Georgia;[705] but because
of vicious clauses in their statutes a girl is in fact only given
effectual protection below the age of ten in Alabama and North
Carolina, and by common law at the same age in Georgia. Twelve is
the limit in Kentucky;[706] and Mississippi[707] still retains the
shamefully low age of ten years.
[682] _Gen. Laws of R. I._ (1896), 999.
[683] _Laws of N. H._ (1897), 30, 31; _Pub. Stat._ (1900), 832.
[684] _Vermont Stat._ (1895), 877; _Acts and Resolves_ (1898),
90, 91.
[685] _Gen. Stat. of Conn._ (1887), 325; _Pub. Acts_ (1887), 669;
_ibid._ (1895), 580; _ibid._ (1901), 1208; _Gen. Stat._ (1902),
350.
[686] _Rev. Stat. of Me._ (1884), 883; _Acts and Resolves_
(1887), 110; _ibid._ (1889), 170.
[687] _Mass. Acts and Resolves_ (1886), 270; _ibid._ (1888), 40;
_ibid._ (1893), 1381; _Rev. Laws_ (1902), II, 1745.
[688] _Laws of Fla._ (1901), 111; penalty, not less than ten
years' imprisonment, or a fine not exceeding $2,000, or both.
[689] Up to fourteen carnally knowing a girl is rape, punishable
by death or imprisonment for not less than five years, at the
discretion of the jury: _Rev. Stat._ (1899), I, 547. Between
fourteen and eighteen, not only must the girl be "of previously
chaste character"--which begs the whole question--but the penalty
is ridiculously light: imprisonment in the penitentiary for two
years; _or_ a fine of not less than $100 nor more than $500; _or_
confinement in the county jail not less than one month nor more
than six months or both such fine and confinement: _Laws_ (1895),
149; also in _Rev. Stat._ (1899), I, 547. _Cf._ _Rev. Stat._
(1889), I, 850; GARDENER, in _Arena_, XIV, 31.
[690] _Laws of Arizona_ (1895), 48; _ibid._ (1899), 29; the same
in _Rev. Stat._ (1901), 1226: penalty, imprisonment for life or
for not less than five years.
[691] Act of April 1, 1893: _Digest_ (1894), 572: penalty,
not less than five nor more than twenty-one years in prison.
In Arkansas rape is punished by death, and, by exception, the
execution is to be public; but this does not apply in case of
conviction under the consent law.
[692] Act 115 (1896), 165; also in _Rev. Laws_ (1897), 196: "if
any person over the age of 18 years shall have carnal knowledge
of any unmarried female between the ages of 12 and 16 with her
consent he shall be deemed guilty of felony," and be imprisoned
with hard labor not exceeding five years.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account