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
Clause 28, Act 1866, runs as follows:—“If any woman, subjected by an
order of a justice under this Act to periodical medical examination, at
any time temporarily absents herself in order to avoid submitting
herself to such an examination, on any occasion on which she ought so to
submit herself, or refuses or wilfully neglects to submit herself to
such examination on any such occasion; if any woman authorized by this
Act to be detained in a certified hospital for medical treatment quits
the hospital without being discharged therefrom by the chief medical
officer thereof by writing under his hand (the proof of which shall lie
on the accused); if any woman, authorized by this Act to be detained in
a certified hospital for medical treatment, or any woman being in a
certified hospital for medical treatment, for a contagious disease,
refuses, or wilfully neglects, while in the hospital, to conform to the
regulations thereof approved under this Act, then, and in every such
case, such woman shall be guilty of an offence against this Act, and, on
summary conviction, shall be liable to imprisonment, with or without
hard labour, in the case of a first offence, for any term not exceeding
one month; and, in the case of a second or any subsequent offence, for
any term not exceeding three months; and in the case of the offence of
quitting the hospital without being discharged as aforesaid, the woman
may be taken into custody, without warrant, by any constable.”
Clause 29, Act 1866:—“If any woman is convicted of, and imprisoned for
the offence of absenting herself, or of refusing or neglecting to submit
herself to examination as aforesaid, the order subjecting her to
periodical medical examination shall be in force after, and
notwithstanding her imprisonment, unless the surgeon or other medical
officer of the prison, or a visiting surgeon appointed under this Act,
at the time of her discharge from imprisonment, certifies in writing to
the effect that she is then free from a contagious disease (the proof of
which certificate shall lie on her); and in that case the order
subjecting her to periodical medical examination shall, on her discharge
from imprisonment, cease to operate.”
A woman, then, the question of whose honour has been determined by an
illegal method of trial, and who has in consequence been adjudged to
undergo these examinations, is, if she refuses to submit to them, sent
to prison, at the end of which time, when she is let out of prison, she
may find the order for her examination still in full force. If she again
refuses, she must again go to prison. The option is continually given
her, at each time she comes out, of submitting to this examination
fortnightly for a year, or of again going back to prison.
Public-domain text, read in full here on John Shaqi.
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