The constitution violated : $b An essayButler, Josephine Elizabeth Grey
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The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
In the first place, the summary character of these Acts in question does
not exist for the sake of the accused, as may be best shown by a
provision under them called the “voluntary submission,” by means of
which a woman is made to criminate herself; whereas, in all other cases,
care is taken in any examination of an accused person to give him every
advantage, and not to entangle him; and he is especially advised by the
person who examines him, to say or sign nothing to criminate himself.
The woman, on the contrary, is subjected to no examination, but is
simply requested to criminate herself; and the War Office and Admiralty
order that if she do not immediately criminate herself, she is to be
threatened with penal consequences for her refusal.[42]
In the second case, the proceedings under these Acts are not for the
sake of expediting the matter, and of reinstating the accused in
society, because this Act condemns her to be, or sign herself, a
bondwoman for a given period not exceeding a year.[43]
Therefore the motives for making the proceedings under this Act summary
cannot be said to exist.
With respect to the voluntary submission, the illegal threat of the
Admiralty and War Office (already quoted in the Note, p. 58), backed up
by police intimidation, has induced many women, friendless and ignorant
of the laws, to sign that submission in preference to the alternative of
going before a magistrate. To this they have been induced by the hope
that their registration may thus be kept a secret, and by ignorance of
the real nature of the personal outrage to which they submit themselves,
the real nature of which it is impossible for any one to gather from the
form of the voluntary submission, or, indeed, from anything in the
Acts.[44] But if it be alleged, as an inference from this, that the
ordeal incurred is not so detestable a thing to a woman as we have
represented it to be, if they choose rather to submit to it voluntarily
than to have their case tried openly before a magistrate, choosing a
certainty of subjection to this ordeal rather than publicity, with the
chance of escape; and if on that account it be alleged in objection to
our argument, that the publicity of open jury trial would be still more
painful for these women to encounter than the publicity of proceedings
before a single magistrate, we would reply that, though the alternative
just mentioned is offered by the Act, it is by no means the alternative
which has been presented to the minds of the women, to whom the lie
circulated by the authority of the Admiralty and War Office has
distinctly declared that the going before a magistrate is only a public
method of the same submission; and to whose mind that going before the
magistrate is presented, not as a trial, but as a proceeding involving
direct penal consequences. If it be represented to her that it is penal
to refuse to sign the voluntary submission, how can she refuse? Yet even
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