Eugenics; Sexual ethics; Women -- Social and moral questions
and still more when she is over twenty, is a developed human being on
the sexual side; she is capable of seducing as well as of being seduced;
she is often more mature than the youth of corresponding age; to
instruct her in sexual hygiene, to train her to responsibility, is the
proper task of morals. But to treat her as an irresponsible child, and
to regard the act of interfering with her chastity when her consent has
been given, as on a level with an assault on an innocent child merely
introduces confusion. It must often be unjust to the male partner in the
act; it is always demoralizing and degrading to the girl whom it aims at
"protecting"; above all, it reduces what ought to be an extremely
serious crime to the level of a merely nominal offence when it punishes
one of two practically mature persons for engaging with full knowledge
and deliberation in an act which, however undesirable, is altogether
according to Nature. There is here a fatal confusion between a crime and
an action which is at the worst morally reprehensible and only properly
combated by moral methods.
These objections are not of a purely abstract or theoretical character.
They are based on the practical outcome of such enactments. Thus in the
State of New York the "age of consent" was in former days thirteen
years. It was advanced to fourteen and afterwards to sixteen. This is
the extreme limit to which it may prudently be raised, and the New York
Society for the Prevention of Cruelty to Children, which had taken the
chief part in obtaining these changes in the law, was content to stop at
this point. But without seeking the approval of this Society, another
body, the White Cross and Social Purity League, took the matter in hand,
and succeeded in passing an amendment to the law which raised the age of
consent to eighteen. What has been the result? The Committee of
Fourteen, who are not witnesses hostile to moral legislation, state that
"since the amendment went into effect making the age of consent eighteen
years there have been few successful prosecutions. The laws are
practically inoperative so far as the age clause is concerned." Juries
naturally require clear evidence that a rape has been committed when the
case concerns a grown-up girl in the full possession of her faculties,
possibly even a clandestine prostitute. Moreover, as rape in the first
degree involves the punishment of imprisonment for twenty years, there
is a disinclination to convict a man unless the case is a very bad one.
One judge, indeed, has asserted that he will not give any man the full
penalty under the present law, so long as he is on the bench. The
natural result of stretching the law to undue limits is to weaken it.
Instead of being, as it should be, an extremely serious crime, rape
loses in a large proportion of cases the opprobrium which rightly
belongs to it. It is, therefore, a matter for regret that in some
English dominions there is a tendency to raise the "age of consent" to
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account