_The Two Groups._--Previously we have spoken of punishable offences
committed by children; we pass now to consider those committed
against children. These latter may be classified in two sub-groups.
To the former group belong the punishable offences in which the
primary aim is to injure or destroy a child. To the latter group
belong offences against children in which the injury to the child
is incidental. The precise line of demarcation between these two
groups differs in the legal systems of different countries. The most
important offences in the former group are: infanticide, the exposing
of children, abortion (these three crimes occur chiefly in connection
with the birth of illegitimate children), criminal offences against
the chastity of women (for example, rape, seduction, procurement).
It is only with regard to offences in this first group that
statistical data are available. In association with the development
of capitalism, there has been a great increase in their number. But,
according to official statistics, there is not one of the offences
above specified which occurs to the extent of 1 per cent. of all
criminal offences; most of those named are considerably less than 1
per cent. In the case of the other criminal offences, only private
statistical data are available.
In respect of the offences comprising the second group, the
important questions arise, whether there exist any mitigating or
aggravating circumstances, such as that the offence was committed
against a child, and not against an adult, or that it was committed,
not against a stranger, but against one for whose instruction or
upbringing the offender was responsible. Is it not desirable that
the circumstance that the criminal offence was committed against
a child should be stated in the law expressly as a reason for an
increase in the severity of the punishment, or else that the law
should give children, precisely because they are children, a higher
degree of protection against certain offences? Owing to the fact that
young people, in consequence of their physical weakness, are much
less able than adults to resist aggression, there is every reason
for the preferential legal protection of children. The protection
should, indeed, be more effective the younger the child. For example,
a child of ten can call for help, and can run away, but an infant is
utterly defenceless. Punishable offences against children need to
be severely punished, because they betray the existence of a coarse
and rough disposition in the offender. It must be regarded as an
aggravating circumstance when the offender is the person responsible
for the child’s upbringing. And yet the criminal offences of parents,
guardians, foster-parents, and teachers, against the children under
their care, are often nothing more than a misuse in all good faith
of the authority entrusted to them. Simply in the interests of
the child, severe punishment is often undesirable, because of the
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