The Needed Change in the Age of Consent / An Appeal For the Better Protection of Our Girls

by Richard Arthur

Again, can a young girl comprehend in the least degree, the consequences of consenting to her own ruin?

The majority of girls are brought up in entire ignorance of all matters connected with sex. It is the parent’s boast that they are perfectly “innocent,” by which is meant that they know none of the facts of the genesis of life, and are totally unwarned against the dangers which may assail them at any moment. Nothing could be better fitted for the purpose of the seducer, and the innocence which is supposed to throw a halo of purity round the girl, is sometimes the instrument of her ruin. But, granting that she has learnt in some imperfect and unsatisfactory way, about these matters, can she adequately grasp the results which may come upon her? Is she aware that she may become a mother, with all the dangers attending maternity, can she estimate the social ostracism, the life-long shame that will be her lot if her fall is discovered; does she know that this first downward step taken through ignorance or thoughtlessness, is the first on the path which leads by the streets of the city to the harlot’s grave?

And further, is the period between 14 and 18, one in which self-control is firmly established, and the actions governed by prudence and reason? We know it is not. Girls at this age have little resisting power. Their vanity is easily appealed to, their ignorance of life leads them into situations which older women would avoid, often their affections are easily engaged, and under the caresses and blandishments of the man—generally much older than themselves, they are but as clay in the potter’s hands. And it would be difficult to say how many of these case are actually, if not legally, cases of rape, for often a considerable amount of resistance has to be overcome before the crime is effected.

In fact, if we considered this subject calmly and without prejudice, we will see that it is monstrous that in our colony, a young girl may be robbed of her most precious possession, dearer to her than any material wealth, or even than life itself, and our law tacitly connives at it. The girl consented to her moral ruin, and so there is nothing more to be done.

This law, or rather want of law, is altogether in the interests of immoral men. Here, adequate protection is not given, because if it were, men would have to desist from debauching young girls, or run the risk of severe penalties.

The only argument ever brought forward by those opposed to giving girls adequate protection, is that if this were done, false charges would constantly be brought against men for the purpose of blackmailing. Now, we may admit that this argument has a certain relevancy, but very much less than those who use it, claim for it. It is true that some additional cases of false charges might arise, but in all probability they would be very few. And for this reason, that in, the majority of these cases of attempted blackmailing, the charges are brought either by very young children, at the instigation of older people, or by adult women who have the knowledge and cunning necessary for the planning out of such a charge. The period from 14 to 18 during which it is suggested to give the protection already accorded to those below 14, is one where there is the least likelihood of false charges being brought.

But the most important counterargument is this. Any girl or any woman can bring a charge of indecent assault against a man, and the same evidence as is required in a case of seduction, would be needed here. Thus any man in this colony, whatever his position, is liable to the danger of false accusation, and the age of the woman bringing the charge, makes no difference. Especially are medical men exposed to this danger, and yet they have never clamoured for additional protection from the law, but have so regulated their actions as to minimise the possibility of such false charges.

It can thus be seen that if a girl wishes to attempt blackmailing, by far the easiest course open to her is to bring a charge of indecent assault, and this is really more difficult of disproof than a charge of seduction. When this can be so readily done, the theory of a greatly increased number of false charges from raising the age of consent, can practically be ignored.

Again, it is urged that girls will tempt young men and then extort money from them. But all who have given attention to the subject agree that it is almost an unheard of thing for a previously chaste girl to invite a man to immorality. If a girl does this, it points to the fact that she has already been seduced, and the change in the law is asked for that this very thing may be prevented. If men are kept from violating young girls, there will be no unchaste girls to tempt men in their turn.