SOCIAL CRIEMS.

Press, Volume LX, Issue 11581, 12 May 1903, Page 2

SOCIAL CRIEMS.

REMARKS BY MR JUSTICE DENNISTON. Mr Justice Dennieton, in the course of his charge to the Grand Jury yesterday morning, made special reference to the indecency and sexua! cases, which, formed , so large a proportion of the present calendar. His Honour said:—Having referred so far to the ordinary cases, I shall now deal with a class of eases of what I may call sexual cases—assaults on girls, and other acts of indecency. In recent charges to the Grand Juries of this district, I have been able to congratulate them on tdie comparative absence of crimes of this, class. I regret that the present sitting offers no such .ground for congratulStions. You will have before you this morning eleven indictments against seven individuals. These comprise two charges of indecent assault on girls, five charges of indecent assault on boys—four of these being against one lad—thi'ee charges for incest—one of these being between sister and brother, and two being against one mati, the father of the girls against whom he is alleged to iiave committed the offence. There is, in addition, a case of indecent assault against a girl, in which the accused has pleaded "Guilty," and which, therefore, will nob come "before you. Heavy as this list is, it does not, in my opinion, necessarily imply 'any special immorality in this district ac contrasted with others. You mnst consider it with reference to t!«e average amount of crime of this class as to which, au I have said, this district will compare not unfavourably with other of the main districts of this colony. There are, also, special circumstances to be considered' before pronouncing judgment cv the comparative proportion of crime in this district, and in this colony, as contrasted with other countries. Within recent years, what is called ''the age of consent" has been raised from twelve to, iirst fourteen, and then sixteen years. It is common experience that girls within the latter age are susceptible to sexual deeire, and in many cases are as likely to be temptress as tempted, or, at least, are willing actors in the transaction, which tha law has now made a crime on the part of the male actor. Tliat k obviously the case in two of the cases in the present calendar. The recent change of the law, which has for the linrt time made incest a eriius—that is, an offence recognisable by lawr-ho* nece?eurilv ,£welfe<l the list of sexual crimes in the colony as syjainjt

other countries. Then, in small and comparatively eparsely-settled countries, more arrests are nuide than in other _ places. This is particularly the case m. instances of acts in which bVrth are consenting parties. These things are talked about, the police beer of it, admissions are made, and the result is a criminal prosecution. If this occurred to the came extent in cities and more densely peopled places, there would be on immense addition to the list of such crimes. The lists of indictmente and convictions for such coses is therefore no fair criterion of the comparative amount of this class of crime in the colony as compared with other places. Making, however, every allowance for these considerations, it cannot bat be said that a list of causes such as I have mentioned to you L<! very painful reading, and calls for serious consideration. In connection with this subject there' is one matter to which I think attention might we'll be- directed. At- a recent sitting in Timaru. a jury referred to the hardsjiip of children being called upon to give evidence in such cases before a crowded Court. I expressed my own opinion on the point then. There is no doubt that there is a very great- hardship that decent women and' young children should, in addition to the indecent outrage, be compelled to state the details in full before a gallery full of leering youths who are there for the express purpose of enjoying them. Nor can the public utUauncee of such details fail to have an injurious effect on public mora'is. We insxr much now of the power of suggestion; end I know nothing more likely to lead to lewd and filthy imaginings, und thence, to actions, than the listening to the details through which it ha« been my iduty. and will be yours, to wade, in dealing with the depositions in the cases in t3)is calendar. I recognise to the fullest extent the importance and value of the general principle that all legal and especially all criminal proceedings should be conducted in open Court. But a general principle ouglut not. to be pressed unnecessarily, where its application would lead to the deterioration of public morals. Already, in civil matters, the Courts have power to exclude the general public from casts involving indecent details. The Judges would of course exercise their discretion in permitting all persons interested to remain. The presence of a jury, and particularly of representatives of tiiie Press, would remove any fear of the power being abused, if such could be suggested. The last case to which I desire to refer is the King against Fairhairn. That is a charge of indecent assault. The depositions show that what is clearly an act, or repeated acts, of carnal knowledge by a young man of eighteen years of age with a girl under sixteen, with the entiiv consent and acquiescence of the girl. By the Criminal Code, Section 196, this act, on a girl between the age of twelve and sixteen, is made a criminal offence punishable by five years' imprisonment. But to this there has been attached a, proviso or condition —that any prosecution for un offence under that section shall be brought within one month after its commission. The reason for this is obvious. The offence often results in pregnancy, which may not be discovered till many months afterwards. There is then often a strong temptation to father tho act and its results on some innocent person, when the lapse of time may make it difficult, if not impossible, to disprove it. In every offence of the kind there are necessarily involved acts which, standing by themselves, would amount to an indecent assault, punishable under section 188, with a, more severe punishment than under section 196. It has been attempted to ,get over the effect of the proviso as to time by charging a person who had committed an offence under section 196, but more than a month before the charge, with the offence of indecent assault, under section 188. The effect of this would, of course, be to entirely destroy the time protection given by section 196. The matter came before the Court of Appeal at its last sitting, and a, majority of the Court held that in any case in which the indecent act relied on was plainly a step in the offence under section 196, the prosecution was, in fact, for an offence under that section, and that it was not permissible by calling a> part of the offence under another name, to entirely destroy the time protection given by section 196, and so nullify the proviso. In the present case you will see that there is no suggestion that there was any indecent act or assault other than that directly connected with the carnal knowledge between the parties. You will, therefore, as a matter of law find "no bill." Had the decision of the Court of Appeal been given before the proceedings in this case there would have been no committal. After the Grand Jury had finished their work, and before being discharged, the Foreman (Mr A. H. Turnbull) said that the jury desired to make presentment thait they were unanimously of opinion that severe personal chastisement should form part of any punishment inflicted in connection with sexual caees, several of the cases being of a particularly deplorable nature.