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
The fact, indeed, which constitutes one of the greatest and most
insidious practical abominations in connection with these Acts is the
fact that, in virtue of this non-definition of a prostitute, the
policeman and justice of the peace ride rampant at their pleasure
throughout all that immense border land of humble society which lies
between the confessed prostitute and absolute virtue. All the objections
which we have urged against these Acts, with respect to the
unconstitutional method by which they decide whether a woman is a
prostitute or not, are intensified tenfold by the absence from the Acts
of any definition as to what constitutes prostitution. A justice of the
peace is therefore set to decide the question of fact as to a woman’s
character, in which decision there are involved, as we have shown, most
grievous consequences; and he is set to do this with absolutely no guide
as to what is the thing which he is to determine the woman to be or not
to be,—no guide either from the Acts in question, or from the concurrent
unanimity of society at large. The result of this is, and must be, that
the definition of what a prostitute is, gradually falls into the hands
of the policeman who accuses her; a grievous and lamentable consequence
of this law, which constitutes one of its greatest oppressions, whereby
the whole operation of the law degenerates into a mere hunting in the
streets by policemen of women suspected by them of unchastity.
In all offences which are punished by law, and which are capable of
graduation, as all offences are, there is established a corresponding
graduation of punishment, which usually varies through very wide limits.
Under the Acts in question there is no graduation of punishment,
although, as we have seen, there is such a graduation of offence that
the law cannot even define where the offence begins. The same punishment
is meted to all, and the same treatment. It may be necessary for the
purposes of this Act that it should be so. If it is thus necessary, the
Act again stands condemned by this very admission. Let the reader
compare this law then with any other summary case, for instance that of
petty theft. If a man steal, theft is defined exactly, and the case is
submitted to the justice, who, taking into account all the circumstances
of temptation, of youth, or of poverty, administers a punishment such as
he may think commensurate to the particular offence. Here an offence
distinctly defined is submitted to a justice, who selects a commensurate
punishment.
But in the case under this Act it is exactly the reverse. It is the
punishment alone which is defined, and the definition of the offence is
left to the justice.
There cannot be imagined a greater opportunity for error, nor a more
utter reversal of all the principles of justice.
Public-domain text, read in full here on John Shaqi.
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