Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
“(3) If any woman, not being a girl, shall permit her grandfather,
father, brother, uncle, or son to have connection with her (knowing
him to be her grandfather, father, brother, uncle, or son, as the case
may be) she shall be guilty of a felony, and shall be liable upon
conviction on indictment to be imprisoned, with or without hard labour,
for any term not exceeding two years, or to be kept in penal servitude
for any term not less than three years, and not exceeding seven years.”
Where the word “mother” is used in the first part of subsection
(1), at sight it appears careless to put, nearer the end of the
same subsection, “provided that if it is alleged in the indictment
and proved that _the girl was, at the time of the commission of the
offence, under the age of sixteen years,” etc._
The “Memorandum” preceding the Morality Bill contains an epitome of the
whole conception. “The general object of this Bill is to substitute
for the Criminal Law Amendment Act, 1885, the Vagrancy Act, 1898, the
Punishment of Incest Act, 1908, the Obscene Publications Act, 1857,
the Indecent Advertisements Act, 1889, and certain other enactments,
a comprehensive measure which shall materially strengthen the law
relating to offences against morality and decency.... The chief
proposals of the Bill are:--
“1. To raise ‘the age of consent’ to nineteen, the full offence to be
felony, and the maximum punishment to be--(_a_) if the girl is any age
under sixteen, penal servitude for ten years; (_b_) if the girl is over
sixteen, penal servitude for five years.
“2. To protect all feeble-minded women and girls, the full offence to
be felony, the attempt a misdemeanour, and the maximum punishment to be
for the felony penal servitude for five years, and for the misdemeanour
imprisonment for two years.
“3. To make it felony to obtain, and a misdemeanour to attempt to
obtain, consent by any inducement or threat in connection with
employment, the maximum punishment to be for the felony penal servitude
for five years, and for the misdemeanour imprisonment for two years.
“4. To make it a misdemeanour for any woman or girl of abandoned
character to permit a boy under nineteen years of age to have immoral
relations with her, or for any person to favour or encourage such
relations, the maximum punishment to be imprisonment for two years.
“5. To make the full offences specified in section two, which relates
to procuration, of the Criminal Law Amendment Act, 1885, felonies, for
which the maximum punishment is to be penal servitude for five or ten
years, according to the age of the girl; and to extend the protection
against procuration, and attempted procuration, now enjoyed by girls of
good character under the age of twenty-one--(_a_) to all women of good
character; (_b_) to all feeble-minded women and girls, whatever their
character; (_c_) to all girls under the age of nineteen, whatever their
character.
Public-domain text, read in full here on John Shaqi.
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