47
"In a very few of these cases prosecution was not advised and not undertaken by the police on the question of either real or apparent age. The wording of the Criminal Law Amendment Act is made to supply a few of the omissions of the old law concerning rape, and in raising the age under which the consent of the female participator is not recognised, the Act puts the dangerous weapon into the hands of that person of showing that she does not appear to be sixteen. This is a fertile source of blackmailing, because a girl of fifteen and a half has only to get a man to have connection with her, or to attempt it, and he is at her mercy. If he will pay up his defence is easily arranged by the speculative attorney who is always at the back door of such cases. He has only to plead that he had a discussion with the girl about her age, that he reasonably believed she was over sixteen, and a little skilful millinery displayed in the witness-box settles the release of the defendant. But if he won't pay up then the milliner can make the prosecutrix look much under sixteen, and a heavy sentence is the result. To give an opinion on the part of a skilled expert that a girl is or is not under fourteen, the usual molimenal age, is a matter of infinite ease compared to giving an opinion that the girl is or is not under sixteen. Maturity has been reached, and the changes at fifteen and sixteen are far less than at thirteen and fourteen, a very important fact which has been forgotten."
The Motive of Malice.
The following passages show that spite is often as potent a motive in these charges as blackmail:—
"There is another and still more dangerous element in these cases, and that is the malice of persons, always women, who practically get up the cases or provoke them, and with this may be placed a few subsidiary influences which may well be classed with this. A few examples of some of them will be given in detail.
"Two children were brought to me (case 56), aged fourteen and eleven and a-half respectively, living in the same set of back houses in a well-known and fairly respectable street, the elder girl looking much older than her ascertained age. The person against whom the charge was made was the father of the elder girl, and she made the charge that she found her father indecently assaulting the
