In case of divorce for fault of the husband the wife may have dower as if he were dead. If alimony be claimed the dower is waived. If the divorce is for the fault of the wife, the husband, if entitled to curtesy, shall have a life estate in the lands of the wife, subject to such allowance to her, chargeable on the life estate, as the court may deem proper. In case of separation only, the petitioner may be assigned a separate maintenance out of the property of the husband or wife as the case may be.
The father is the legal guardian of the minor children. At his death the mother is entitled to the guardianship and custody. The mother may be appointed guardian by the court during the husband's lifetime. If he is insane or has deserted or neglected his children she is entitled to full custody.
If the wife is deserted by her husband unjustifiably and not supported by him, she may receive authority from the court for the custody and earnings of her minor children, and he may be imprisoned not less than six months nor more than three years. If he abandon her and is absent from the State one year or more or is condemned to prison for a year or more, the court can order the income from his property applied to the support of his family.
A law of 1896 provided that a wife owning property might contract in writing for the support of her husband and children, but this was repealed in three months. She is not required to support them by her labor or property, as the husband is the legal head of the family.
The most of the above laws have been enacted since 1892.
Until 1889, 10 years was the age for the protection of girls, but then it was made 14 years, with a penalty of not less than ten years' imprisonment. In 1894 it was raised to 16 and the penalty made not more than fifteen years with no minimum number specified. The former penalty still holds, however, for actual rape.
Suffrage: Women have no form of suffrage. The husband may vote as a taxpayer by right of his wife's real estate.
Office Holding: Eligibility to office is limited by the constitution to electors. The article referring to school committee (trustees) merely says, however, that they shall be "residents of the town." In 1872 and '73 the suffrage association procured by direct effort an Act qualifying women to serve on school committees and many have done so with distinction. There are sixteen now serving in the State. The city charter of Pawtucket requires one of the three members to be a woman.
As far back as 1869 an appeal was made by the suffrage association that women should be placed on all boards of management of institutions in which women were confined as prisoners or cared for as unfortunates. In partial response an Act was passed in 1870 establishing an Advisory Board of Female Visitors to the charitable, penal and correctional institutions of the State. This board had no powers of control, but had full rights of inspection at all times and constituted an official channel for criticism and suggestions. It is still in existence and is composed of seven representative women.
The association was not satisfied with a board of such limited powers and in 1874 it memorialized the Legislature for an Act requiring that women, in the proportion of at least three out of seven, should be placed on the State Board of Charities and Correction, with equal powers in all particulars. This petition was presented for three years successively and special hearings granted to its advocates, but at last was definitely refused. In 1891, however, two institutions, the State Home and School for Dependent Children and the Rhode Island School for the Deaf, were placed in charge of boards of control, to be appointed by the Governor, to report to the Legislature and to exercise full powers of supervision and management, "at least three of whom shall be women."