The record-union., 1895-01-29
THE AGE OF CONSENT LAW.

THE AGE OF CONSENT LAW.
Senator Earl is quoted as saying in de-
fense OF his bill to raise the age Of cou-
sent from IA to Is that it is aimed at pro-
curesses. But it seems to US that the law
is all against them now. If anything is
needed more stringent in that direction
it can be had without raising the age Of
consent.
No one can now be convicted of rape
under II except physical capacity can lie
proven. To that extent the boy is pro-
tected against blackmail and deceit. But
the female is moro protected, as no one
can plead consent by female under IA.
So compelling a woman to marry is a
crime, and enticing woman under Is to
prostitution or assignation or illicit rela-
ton is crime. as also Is procuring. as
will be seen by Sections 266 and 267 of the
Penal Code and the Act Of 1872, W Which
puts no limit of age at all in the matter
of procuring.
By Section 110S of the Penal Code the
man is protected against the unsupported
testimony Of the woman in case of entic-
ing and other offenses where the woman
is under % years of age. Now it is pro-
posed to raise the limit as to the graver
otfense so that consent cannot be pleaded
if the woman is under Is.
The argument of the proponents of the
advanced age is strongly set out in a
symposium on "The Age of Consent
Laws" in the Arena for February. The
claim is made that the age of consent
laws are "a shame to America" One of
the essayists, DR.. Janney, asks "Why
any age of consent laws at all? Why
should any age limit be fixed beyond
which a girl may consent to her own
ruin" When it is said that limit is
necessary to protect men from the
blackmail of designing girls, the reply is,
Where there is one designing girl under
IA years who misleads youth or man,
and lures him into trap to extort, there
are a thousand innocent girls betrayed
by the wiles of mon, and the trust of
innocence in the promise of age playing
upon the susceptible passions of budding
puberty.
Another exclaims in the Arena, "Let
parents take their u, 13 and 14-year-old
daughters in their arms and ask their
souls ifthese are such designers that man
In
another asks the same question in diff
ferent form, and the editor relates that
laws of Alabama, North Carolina and
South Carolina declare that child of 10
may consent to her ruin. Kentucky,
Louisiana, Texas and Wisconsin have the
12-year limit. Iowa, Utah and New
Hampshire raise the figure to 13. Ari-
zana, Illinois, Indiana, Connecticut,
Idaho. Maryland, Michigan, New Mex
leo, Nevada, Maine, Vermont, North Da-
kota, Ohio, Oregon and Georgia fix the
age at 16, as does the United States for the
District of Columbia, and so do Arkan-
sas, Massachusetts, New Jersey, New
York, Pennsylvania, Rhode Island,
South Dakota, Tennessee and Washing
ton. The proposition in California is to
make the political age and the age of con-
sent the same; to blot out all distinction
as to responsibility between the two
classes.
But to the cool reasoner it will appear
that there is such thing as being ex-
treme on both sides in this matter. 1t is
conceded that childhood up to, and per-
haps somewhat over the age of puberty,
ought to be protected by age of consent
law. That is to say, no man shall be
permitted to plead the consent of the
female under the protected childhood
age. So we cannot agree with the radi-
cal statement of DR.. Janney, that all age
OF consent laws should be abolished and
the moral status of the female before the
law be made equal with the legal status
For this means to extend the limit to the
entire minority of the female, while pro-
lection is not afforded to the male in his
minority. We will agree, however. that
it is right to abolish all age of consent
laws above the reasonable limit of child
hood, and that both sexes shall thereafter
be held to equal responsibility and given