The constitution violated : $b An essay — John Shaqi
The constitution violated : $b An essayButler, Josephine Elizabeth Grey
History
The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
In answer to our objections to these Acts, it is utter vanity and folly
in any one to plead that they apply only to women who are prostitutes.
Can it be supposed that there is any man in England so foolish as to
think that the safeguards of English law exist for the sake of the
guilty only? They exist for the sake of the innocent, who may be falsely
accused, as well to protect them when accused, as to lessen the chances
of unjust accusation. And can it be supposed that we are so blind as
ever to be able to fancy that it is impossible that under this law an
innocent woman may be accused? On the contrary, it is obvious that the
question of a woman’s honour is one in which mistaken accusations are
peculiarly likely to occur. Hence it has been that in Christian
countries the sin of unchastity in a woman has ceased to be treated as
legally criminal, on account, first, of the extreme facility of false
accusation; and, second, of the impossibility of rebutting such
accusation; and in more enlightened communities the injustice has been
apparent of treating penally this offence in one sex only. Yet here we
see a law which, regardless of these considerations, not only takes in
hand the determination as to the question of a woman’s honour, but in
the process of that determination deprives her of the only legal
safeguard which it bestows in all other cases. We ought never to forget
that the very fact of jury trial, which guards the person wrongfully
accused, does itself also, more than any other thing, prevent such wrong
accusations. Nor is there any accusation so likely to be multiplied by
the absence of trial by jury as that against a woman’s honour.
In presence of this enormity of these Acts, it is perhaps almost trivial
to indicate a minor point in which they are unjust. It will be
satisfactory to do so, however, in order to show the spirit of utter
contempt for woman’s honour which this law evinces. The Acts require no
witness against the woman except the policeman, who, though he must
substantiate on oath his own belief that the woman is a prostitute, is
not bound to produce on oath what the grounds of that belief are.[27] If
the justice of peace is satisfied with this substantiation, the woman is
condemned under the Act.
The honour therefore of every woman is by this law intrusted to two men,
the one the justice of the peace, and the other the policeman, who, let
it be carefully observed, is expressly hired by Government for the one
stated object of detecting unchaste women.
Public-domain text, read in full here on John Shaqi.
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