She notes when they are drawing nearer
together, and she knows at once when they have given open expression to
their love. Whether they become engaged or whether they draw apart from
one another, the little one knows all about it before any of their
intimates. Moreover, such a girl will take note of all the doings of
certain of her acquaintances. An interesting beauty, or a young man
living near at hand, will have no more watchful observer of all their
doings than a young girl of twelve years. She, too, will take note more
accurately than anyone else of all the changes of mood of those who are
under her observation."
But the sexual life of children is of importance, not only in relation
to the question of their credibility as witnesses, but also in respect
of our decision as to matters of fact. Sexual attempts on children under
fourteen years of age are legally punishable offences, and it is a
matter of indifference whether the offender or the child was the
instigator. In determining the degree of culpability it is, however, of
important whether the child against whom the offence has been committed
was innocent and uncorrupted, or was one with previous sexual
experiences. In addition to this, we have also to take into account the
question whether the child incited to the offence, under the influence
of the spontaneous activity of its own sexual impulse. All these
considerations will make it clear that from many points of view the
sexual life of the child is a matter of forensic importance.
We must not forget that the child itself may be threatened with legal
dangers as a result of the activity of its own sexual impulse. The
German legal code decrees different degrees of penal responsibility at
different ages. Children not yet twelve years of age are not liable to
criminal prosecution. A child over twelve, but under eighteen years of
age, must be exonerated if when the offence was committed the child did
not possess the knowledge enabling him or her to understand its
culpability. By the third paragraph of section 176 of the German
criminal code, any one who has improper sexual relations with a person
under fourteen years of age, or who induces such a person to practise or
suffer such relations, is liable to severe punishment.
Public-domain text, read in full here on John Shaqi.
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