Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
In proportion to the number of offences committed by women bigamy appears
to be more common than it is among the male offenders. The reason is
largely economic, but the method of its operation is dependent on sex. The
woman wants a home, but if she were not a woman that is not the way she
would choose to get one. She could get established, but her sense of
propriety will not allow her to accept the position without the form of
marriage, even although she knows the form to be illegal. In many cases,
however, she does not know this. She may have ground for a divorce by
reason of the desertion of her husband or his misconduct; but the ground
for divorce and the ability to obtain one are different matters. If
divorce is to be permitted there does not seem to be any reason why it
should be refused to those who cannot afford to go to law to obtain it. If
one of the parties to a marriage gives cause for divorce the need for it
will be the greater in proportion to poverty, for people are less able to
keep out of each other's way if they are living together in a small house
than would be the case if they had more room; and if they are separated
the economic disadvantages are not less. Yet these are the very people who
are least able to obtain relief; their poverty ensures that. When they go
through the form of marriage with some other we pay the cost of their
imprisonment. The money would be better employed in setting them free from
the contract which has gone wrong. Some of them voluntarily give
themselves up in the belief that their imprisonment will break the former
marriage. Our judges have become more and more inclined to deal leniently
with such cases; reserving their heavy sentences for those which show
moral turpitude; and the number of these is small. To the woman there is
something in the form of marriage which enables her to preserve her
self-respect, and the "marriage lines" are a testimony to others. It is a
queer condition of affairs, in their view, that allows them to live with a
man if they do not go through a ceremony of marriage with him, and which
sends them to prison if they do; for they cannot be expected to see that
the rights of property may depend on the prohibition of conduct such as
theirs.
CHAPTER VII
PUNISHMENT
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