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"The Age of Consent," June 1886<br />

therefore held equally guilty with the man of twenty, forty, or eighty<br />

years of age. This last is not exaggeration, the present writer having<br />

learned of a case where the girl was twelve and the man eighty, with<br />

all the difference of knowledge and design on the one hand and<br />

ignorance and innocence on the other that this implies.<br />

What we desire is that, in the law relating to violence, the age at<br />

which the girl may "consent" and still be legally held a victim, and not a<br />

criminal, shall be raised to at least thirteen. Also, in addition to this,<br />

that a new law shall be passed by which girls shall be protected from<br />

thirteen to eighteen (not to twenty-one), by making seduction a crime<br />

on the part of the man, with a lighter penalty than that for violence, but<br />

one which shall be sufficient to discourage the prostitution of children<br />

and the traffic, on the part of middle-aged and old men, in girls under<br />

eighteen. At present, seduction in itself is not a crime and is not<br />

punished. When the two "have sinned conjointly," the act itself<br />

becomes a crime, and is punished by equal penalties. But all that<br />

which comes before the act, and which makes the vast difference<br />

between the aggressor and the victim, is not taken into account in the<br />

law. The fact we want recognized is that, in the majority of cases of<br />

seduction, the girl is not a criminal, but a victim, and needs not<br />

punishment, but protection. The design of the petitioners is not to<br />

excuse girls of profligate habits, nor to protect them in their evil ways,<br />

but to protect children and young girls of pure lives from the many men<br />

whose chief pleasure it seems to be to go about, and with devilish<br />

insinuations, promises of marriage, and words of so-called "love," to<br />

persuade good girls to do wrong.<br />

This brings me to the third point necessary to be taken into<br />

account; and that is the vast difference in the case of the man on the<br />

one hand, and the case of the girl on the other. In the first place, it is<br />

well known that almost all girls are brought up in ignorance of the wiles<br />

of men, while almost all boys are fully equipped with the knowledge,<br />

and in the majority of cases, commit the sin with their eyes wide open.<br />

It is also well known that, while the social penalty for boys and men is<br />

almost nothing, that for girls and women it is damning. Also, that the<br />

sorrow from and the effects of the sin fall almost entirely upon the<br />

woman, while except in the sight of God, and under the righteousness<br />

of his equal penalties, the man goes scot free.<br />

Mr. Higginson urges that the boys also need protection; and to<br />

this no one can object, although a careful reading of the laws<br />

concerning houses of ill-fame and night-walking will show that men<br />

http://womhist.binghamton.edu/aoc/doc4.htm (2 of 3) [6/5/2005 8:50:55 PM]

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