http://chnm.gmu.edu/cyh/teaching-module ... &source=24Originally Posted by cottmann
Stephen Robertson (University of Sydney): Age of Consent Laws
тАЬNarrowly concerned with sexual violence, and with girls, originally, since the 19th century the age of consent has occupied a central place in debates over the nature of childhood, adolescence, and adulthood, and been drawn into campaigns against prostitution and child marriage, struggles to achieve gender and sexual equality, and the response to teenage pregnancy. This module traces the shifting ways that the law has been defined, debated and deployed worldwide and from the Middle Ages to the present.
An age of consent statute first appeared in secular law in 1275 in England as part of the rape law. The statute, Westminster 1, made it a misdemeanor to "ravish" a "maiden within age," whether with or without her consent. The phrase "within age" was interpreted by jurist Sir Edward Coke as meaning the age of marriage, which at the time was 12 years of age.
A 1576 law making it a felony to "unlawfully and carnally know and abuse any woman child under the age of 10 years" was generally interpreted as creating more severe punishments when girls were under 10 years old while retaining the lesser punishment for acts with 10- and 11-year-old girls. Jurist Sir Matthew Hale argued that the age of consent applied to 10- and 11-year-old girls, but most of England's North American colonies adopted the younger age. A small group of Italian and German states that introduced an age of consent in the 16th century also employed 12 years.тАЭ
тАЬNear the end of the 18th century, other European nations began to enact age of consent laws. The broad context for that change was the emergence of an Enlightenment concept of childhood focused on development and growth. This notion cast children as more distinct in nature from adults than previously imagined, and as particularly vulnerable to harm in the years around puberty. The French Napoleonic code provided the legal context in 1791 when it established an age of consent of 11 years. The age of consent, which applied to boys as well as girls, was increased to 13 years in 1863.
Like France, many other countries, increased the age of consent to 13 in the 19th century. Nations, such as Portugal, Spain, Denmark and the Swiss cantons, that adopted or mirrored the Napoleonic code likewise initially set the age of consent at 10-12 years and then raised it to between 13 and 16 years in the second half of the 19th century. In 1875, England raised the age to 13 years; an act of sexual intercourse with a girl younger than 13 was a felony. In the U.S., each state determined its own criminal law and age of consent ranged from 10 to 12 years of age. U.S. laws did not change in the wake of England's shift. Nor did Anglo-American law apply to boys.тАЭ
тАЬAt the end of 19th century, moral reformers drew the age of consent into campaigns against prostitution. Revelations of child prostitution were central to those campaigns, a situation that resulted, reformers argued, from men taking advantage of the innocence of girls just over the age of consent. W. T. Stead's series of articles entitled, "The Maiden Tribute of Modern Babylon," published in the Pall Mall Gazette in 1885, was the most sensational and influential of these expos├йs.
The outcry it provoked pushed British legislators to raise the age of consent to 16 years, and stirred reformers in the U.S, such as the Women's Christian Temperance Union, the British Empire, and Europe to push for similar legislation. By 1920, Anglo-American legislators had responded by increasing the age of consent to 16 years, and even as high as 18 years.
While those ages were well beyond the normal age of menstruation, proponents justified them on scientific grounds that psychological maturity came later than physiological maturity. They also argued that the age of consent should be aligned with other benchmarks of development, such as the age at which girls could enter into contracts and hold property rights, typically 21 years. Opponents remained focused on physiological maturity, however, and argued that girls in their teens were sufficiently developed not to need legal protection. Moreover, they argued, by late adolescence girls possessed sufficient understanding about how to use the law to blackmail unwary men.
Historians have argued that increasing the age of consent also gave the law a more pronounced regulatory dimension. In practice, these laws were often used to control the behavior of the working-class girls. Yet reformers at the time saw no distinction between protection and regulation: in making it a crime for girls to decide to have sexual intercourse outside marriage, the law protected them from themselves and from the immature understanding that led them to behaviors reformers considered immoral.тАЭ
http://chnm.gmu.edu/cyh/teaching-module ... troduction
"The Proceedings of the Old Bailey includes accounts of trials at London's most important court. These were published at the end of each session in an inexpensive form for a popular, rather than a legal, audience. They provide a reliable, although incomplete, account of events and do not record everything that was said. For example, statements by witnesses were frequently summarized or omitted, and little of what lawyers did was recorded."
The Trial of Stephen Arrowsmith (1678): http://www.oldbaileyonline.org/browse.j ... #highlight
тАЬThe publication of "The Maiden Tribute of Modern Babylon" directed the attention of American reformers to the age of consent in their country and they were not pleased with what they found. The age of consent in the U.S., determined by each state, ranged from seven years, in Delaware, to an average of 10 to 12 years, lower than the age the British had recently deemed too low. Efforts to change those laws met significant opposition from male legislators.тАЭ
William Thomas Stead: The Maiden Tribute of Modern Babylon: http://www.attackingthedevil.co.uk/pmg/ ... /index.php
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