France, 1881–1890 (Assizes).[182]

Sex.Percentage of Acquittals.
1881–1885.1886–1890.1891–1895.1896–1900.
Men 25 25 26 28
Women 45 47 50 52

1896–1900 (Correctional Tribunals).[183]

Sex.Percentage of Acquittals to Each Age-category.
Under 16.16 to 21.Over 21.
Men 57 6 5
Women 58 9 7

These figures lead to the presumption that in other countries also women are more apt to be acquitted than men.

Other reasons why the criminality of women seems smaller than it really is are the following: As is shown by the statistics cited, the offenses of which women are most often guilty, are also those which it is most difficult to discover, namely those committed without violence. Then, those who have been injured are less likely to bring a complaint against a woman than against a man.[184] But even when we take account of all these things, the criminality of women remains much smaller than that of men. This may be explained as follows:

First. An examination of the tables shows that women participate less in the crimes which require strength or courage. The first cause is to be found in the fact, then, that the average woman of our time has less strength and courage than the average man, and consequently commits on the average fewer crimes than he.

Second. It is clear that women take small part in sexual crimes (for procuration is not a sexual crime but an economic one), which is to be explained by the fact that most sexual crimes cannot, from their [[473]]nature, be committed by women. Another reason is that the rôle of women in the sexual life (and thus in the criminal sexual life) is rather passive than active.

Third. The small part played by women in economic crimes committed because of poverty or even of greed, is explained by prostitution, which generally yields greater and more certain returns than crime, and avoids the risk of prison.

Fourth. A comparison of the criminal statistics of different countries has not much value for the different reasons already given (Pt. I, Ch. II, sec. XIX). Only when the figures are very different may one draw a conclusion from them. A comparison of the tables brings out the fact that the criminality of women does not differ much in the countries named. However, when we fix our attention upon the crimes and misdemeanors more or less grave in the Italian statistics (assizes and correctional tribunals) we discover that there is a considerable difference between England, for example, on the one side, and Italy on the other. While the former country shows about 12% (offenses tried on indictment) and 23% (offenses tried summarily) of women among those convicted, the figures are 5 to 6% (assizes) and about 9% (corr. trib.) in the latter country. This difference shows that the direction in which the principal reason for woman’s small part in crime must be sought, is in her social position. This differs less from that of the man in England than in Italy. However, there are figures much more significant than those I have just cited. Between 1893 and 1899 the percentage of convicts in prison in Scotland was between 36 and 37.[185] In Denmark from 1876 to 1885 about 26% of the convicts were women.[186] It is an incontestable fact that Denmark and Scotland are countries where the social position of women approaches most closely that of men. Let us set in opposition to this now a country like Algeria where the life of woman is entirely different. It appears that there between 1881 and 1900 3% of those arraigned before the assizes were women, and 4% of those arraigned before the correctional tribunals.[187]