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
together in her breast, as she looked at the poor little creature,
dwarfed both in body and mind, uneducated, indigent, and exceedingly
childish, standing shivering in her ragged pinafore, to be judged as a
“woman” who had given the consent of a mature will to the immoral act,
and as she thought of the tenderness of the law to the man—with all his
advantages of age, education, manner, position, money, and experience of
life,—who had ruined that child.
I have here indicated the weak point in English law. The same want of
justice appears in the law which, till lately, made marriage the
confiscation of all the wife’s earnings, and is further exhibited in the
disgracefully slight punishment inflicted for assaults on women and
children.[91]
Blackstone says,[92] “It is a remarkable omission in the law of England
which, with such scrupulous solicitude, guards the rights of
individuals, and secures the morals and good order of the community,
that it should have afforded so little protection to female chastity. It
is true that it has defended it from force and violence, but it has left
it exposed to perhaps greater danger from the artifices and
solicitations of seduction. In no case whatsoever, unless she has had a
promise of marriage, can a woman herself obtain any reparation for the
injury she has sustained from the seducer of her virtue. And even where
her weakness and credulity have been imposed upon by the most solemn
promises of marriage, unless they have been overheard or made in
writing, she cannot recover any compensation, being incapable of giving
evidence in her own cause. Nor can a parent maintain any action against
the person who has done this wrong to his family, and to his honour and
happiness, but by stating and proving that, from the consequences of the
seduction, his daughter is less able to assist him as a servant, or that
the seducer was a trespasser on his premises. Hence no action can be
maintained which is not attended with the loss of service or an injury
to property. Therefore in that action for seduction which is in most
general use, the father must prove that his daughter actually assisted
in some degree, however inconsiderable, in the housewifery of his
family, and that she has been rendered less serviceable to him by her
pregnancy; or the action might be sustained upon the evidence of a
consumption or any other disorder contracted by the daughter in
consequence of her seduction, or of her shame and sorrow for the loss of
her honour. It is immaterial what is the age of the girl; but it is
necessary that she should be living in and considered part of her
father’s family. Another action for seduction is a common action for
trespass, which may be brought when the seducer has illegally entered
the father’s house; in which action the debauching his daughter may be
stated as an aggravation of the trespass. But these are the only actions
which have been extended, by the modern ingenuity of the courts, to
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