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
“24. To enable the court to be cleared (representatives of the press
being allowed to remain) during proceedings relating to offences
against morality or decency, and to enable the worst of such cases to
be tried _in camera_.
“25. To repeal--(_a_) The Criminal Law Amendment Act, 1885; (_b_) The
Vagrancy Act, 1898; (_c_) The Punishment of Incest Act, 1908; (_d_)
Sections sixteen, seventeen, eighteen, one hundred and twenty-eight
(2), of the Children Act, 1908, and the Second Schedule of that
Act; (_e_) The Obscene Publications Act, 1857; (_f_) The Indecent
Advertisements Act, 1889; (_g_) Other enactments.”
The comprehensive nature of the Morality Bill can scarcely be doubted
after a perusal of the foregoing _Memorandum_. There is no question
whatever, the bulk of the provisions are good. But the penal offence
constituted by a prostitute’s intercourse with a boy under nineteen
seems somewhat far-fetched. The intention may be good, though it would
look peculiar as a section of a statute. There is no need to comment
further on the subject here.
Prior to going through the Bill, the writer had intended suggesting
the insertion in it of the following provision: “In any case where it
has been proved that a girl was induced to sexual intercourse on the
promise or understanding that a theatrical or other engagement was
to be the result of such intercourse, or where a theatrical or other
engagement has already been obtained and is to be continued only on
submission to an act of sexual intercourse with a manager, proprietor,
or other person in authority, then such person shall be guilty of a
misdemeanour punishable with imprisonment with or without hard labour
for any term not exceeding twelve months.” On examining the contents of
the Bill, he, however, found the contingency provided for in section 8.
“8.--(1) If any male person shall obtain, or if any person of either
sex shall aid or abet any male person in obtaining, connection with any
woman by any inducement or threat in connection with her employment
in any capacity, or with any attempt on her part to obtain employment
in any capacity, such person shall be guilty of 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 five years. (2) If any male person shall attempt to obtain,
or if any person of either sex shall aid or abet any male person in
attempting to obtain, connection with any woman by any inducement or
threat in connection with her employment in any capacity, or with any
attempt on her part to obtain employment in any capacity, such person
shall be guilty of a misdemeanour, and shall be liable upon conviction
on indictment to be imprisoned, with or without hard labour, for any
term not exceeding two years.”
Public-domain text, read in full here on John Shaqi.
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