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The Criminal Law Amendment Act of 1891 and the “Age Of Consent” Issue in Queensland

The Criminal Law Amendment Act of 1891 and the “Age Of Consent” Issue in Queensland AUST & NZ JOURNAL OF CRIMINOLOGY (June 1977) 10 (95-113) THE CRIMINAL LAW AMENDMENT ACT OF 1891 AND THE "AGE OF CONSENT" ISSUE IN QUEENSLAND Ross Barbero Under the provisions of the Offences Against the Person Act of 1865, the age at which a girl could lawfully consent to a male person having carnal knowledge of her was set at 12 years. The maximum sentence that could be given under this Act to a person convicted of unlawful carnal knowledge of a girl between the ages of 10 and 12 years was ten years penal servitude or imprisonment for two years with or without whipping;' while, if the girl were under 10 years of age, penal servitude for life or imprisonment for two years with or without whipping was the maximum penalty possible." Prior to the passing of this Act, unlawful carnal knowledge of a girl under 10 years of age had been a capital offence in Queensland. No new sexual offences were created by this 1865 Act, however, and no-one either in the parliament or the press, publicly suggested an increase in the age of consent, or, seemingly, even thought it odd that, while the seducer of a http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

The Criminal Law Amendment Act of 1891 and the “Age Of Consent” Issue in Queensland

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Publisher
SAGE
Copyright
Copyright © by SAGE Publications
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486587701000205
Publisher site
See Article on Publisher Site

Abstract

AUST & NZ JOURNAL OF CRIMINOLOGY (June 1977) 10 (95-113) THE CRIMINAL LAW AMENDMENT ACT OF 1891 AND THE "AGE OF CONSENT" ISSUE IN QUEENSLAND Ross Barbero Under the provisions of the Offences Against the Person Act of 1865, the age at which a girl could lawfully consent to a male person having carnal knowledge of her was set at 12 years. The maximum sentence that could be given under this Act to a person convicted of unlawful carnal knowledge of a girl between the ages of 10 and 12 years was ten years penal servitude or imprisonment for two years with or without whipping;' while, if the girl were under 10 years of age, penal servitude for life or imprisonment for two years with or without whipping was the maximum penalty possible." Prior to the passing of this Act, unlawful carnal knowledge of a girl under 10 years of age had been a capital offence in Queensland. No new sexual offences were created by this 1865 Act, however, and no-one either in the parliament or the press, publicly suggested an increase in the age of consent, or, seemingly, even thought it odd that, while the seducer of a

Journal

Australian & New Zealand Journal of CriminologySAGE

Published: Jun 1, 1977

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