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The Pamphlet Collection of Sir Robert Stout: Volume 82

Social Purity Society of South Australia

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Social Purity Society of South Australia.

N.B.—The Bill, after passing the Council, failed to pass the Assembly from want of time, having been introduced too late in the session.

Whereas it is expedient to provide better protection for right young women—Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly left of the said Province, in this present Parliament assembled, as follows :

1. This Act may be cited for all purposes as "The Protection right of Young Women Act, 1884."

2. Any person who—right
left I.Procures, or endeavors to procure, any female under twenty-one years of age to become, either within or without the province, a common prostitute : or
II.Procures, or endeavors to procure any female to leave right the province, or to leave her usual place of abode in the province, with intent that she may enter a brothel, left either within or without the said province, whether or not he informs the female of such intent :

Shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for a term not exceeding two years, with or without hard labor, and may be whipped.

3. Any person who—right
I.By threats or intimidation procures, or endeavors to procure, any female to have unlawful carnal connection, either within or without the province, with left any male : or right
II.By false pretences, false representations, or other fraudulent means endeavors to procure any female to have unlawful carnal connection, either within or without the province, with any male : orpage 2
III.Induces a female, under the age of twenty-one years, with intent that she shall have unlawful carnal connection with any male, to enter a brothel, she not left knowing the same to be a brothel, nor being a party to the intent :

Shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not left exceeding two years, with or without hard labor, and may be whipped.

4. Any person who unlawfully and carnally knows, or right attempts to have unlawful carnal knowledge of any female being of or above the age of thirteen years, and under the age of fifteen years, shall be guilty of a misdemeanor, and left being convicted thereof, shall be liable to be imprisoned for right any term not exceeding two years, with or without hard labor : Provided that it shall be a sufficient defeuce to any right charge under this section, if it shall be made to appear to the Court, Special Magistrate, or Justices, before whom the left charge shall be brought, that the person so charged had reasonable cause to believe that the female was of or above the age of fifteen years.

5. Any person who, being the owner or occupier of any right premises, or having, or acting, or assisting in the management or control thereof, induces or knowingly suffers any left female under the age of seventeen years, to resort to, or be in or upon such premises for the purpose of being unlawfully and carnally known by any male, whether such carnal knowledge is intended to be with any particular man or generally, shall be guilty of a misdemeanor, and being convicted thereof left shall be liable to be imprisoned for any term not exceeding two years, with or without hard labor; a Justice of the Peace, if satisfied by information made before him on oath by any parent, relative, or guardian of any such female, or right any other person who, in the opinion of the Justice is bona fide acting in the interest of any such female, that there is left reasonable cause to suspect any offence under this section to have been committed in or upon any premises within the province, may grant a warrant under his hand authorising right a police constable at any time or times within the period named in the warrant, but not exceeding one month from the date thereof, to enter with such assistance as may be necessary, and, if need be, by force, and make search in or left upon such premises and every part thereof with a view to the discovery of any offence under this section, and any such police constable so authorised may appiehend and bring before a Special Magistrate or two Justices of the Peace, any person guilty of any offence under this Act whom he may find upon such premises, and also any female in respect of whom such offence is charged, and if the said Magistrate left 5 or Justices so think fit, he or they may bind over any such female to appear as a witness on the trial of any such person.

6. Any person who shall take away or detain, or cause to right be taken away or detained, any unmarried female, being under the age of eighteen years, out of the possession of left and against the will of the father or mother, or of any other page 3 person having the lawful care or charge of her, with intent that she shall have unlawful carnal connection with any male whether such carnal connection shall be with any particular male or generally, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned for left any term not exceeding two years, with or without hard labor; and it shall be lawful for the Justice of the Peace who commits such person for trial, or for the Judge who tries such person, to order that such unmarried female shall be returned to the custody of the parent or other person from whom she was taken or obtained.

7. No child under the age of fourteen years shall be deemed right left capable of consenting to any indecent assault, and no person under the age of twenty-one years shall be deemed capable of consenting to any indecent assault committed by the guardian teacher, or schoolmaster of such person.

8. Any person who, being the owner or occupier of any premises, right left or having, or acting, or assisting in the management or control thereof, induces, or knowingly suffers, any boy under the age of sixteen years to resort to, or be in or upon such premises for the purpose of unlawfully and carnally left knowing any female, whether such carnal knowledge is intended to be with any particular female or generally, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned for any term not exceeding two years, with or without hard labor.

9. Any person who, being the guardian, teacher, or school-master right left of any female under the age of twenty-one years, unlawfully and carnally knows, or attempts to have unlawful and carnal knowledge of such female, shall be guilty of right a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding three years, with left or without hard labor, and may be whipped.

10. If upon the trial of any information for rape the jury right shall be satisfied that the accused is guilty of an indecent assault, but are not satisfied that the accused is guilty of the felony charged in such information, then, and in every such left case, the jury may acquit the accused of such felony, and find him guilty of an indecent assault, and thereupon such right defendant shall be liable to be imprisoned for any term not exceeding two years, with or without hard labor, and may be whipped.

11. Every common prostitute or female night-walker who, right in any thoroughfare or public place within the province, solicits persons for the purpose of prostitution, and every left male who in any such thoroughfare or public place habitually or persistently importunes or solicits females for immoral right purposes, shall, on conviction, be liable to a fine of not exceeding Ten Pounds or to be imprisoned for a term not left exceeding two calendar months, with or without hard labor.

12. When any hearing or trial takes place in relation to any offence under this Act or the Criminal Law Consolidation right Act, 1876, relating to rape or other offences against females, or unnatural offences, it shall be lawful for the Court or page 4 Justice of the Peace to direct that all females and boys shall right left be excluded from the place where such hearing or trial is being heard or conducted.

13. Any person who—right
I.Keeps or manages, or acts or assists in the management of a brothel; or
left II.Being the tenant, lessee, or occupier of any premises, right knowingly permits such premises or any part thereof to be used as a brothel;
Shall, on conviction before a Special Magistrate or two right Justices of the Peace, be liable—
left I.To a penalty of not exceeding Twenty Pounds or to be imprisoned for any terra not exceeding two mouths with or without hard labor :
II.On the second or subsequent conviction, to a penalty right not exceeding Forty Pounds, or to imprisonment for any term not exceeding three mouths, with or without left hard labor :

And in case of a third or subsequent conviction such right person may, in addition to such penalty or imprisonment as last aforesaid, be required by the court to enter into a recoguisance, with or without sureties, to be of good behavior for any period not exceeding twelve months, and in default of left entering into such recognisance, such person may be imprisoned for any period not exceeding three months, in addition to any such term of imprisonment as aforesaid. Any person on being summarily convicted in pursuance of this section may appeal against such conviction in the manner and form, and on the terms respectively which are left prescribed by the law of the said province in force for the time being for regulating summary proceedings before Justices of the Peace.

Nothing in this section shall be deemed to exempt any right person from any penal or other consequences to which he would have been liable at common law or under any Act of Parliament for keeping or being concerned in keeping a brothel or disorderly house, or for the nuisance there by occasioned, or for any other matter whatsoever, if this Act had not passed : Provided that a person shall not be tried or punished twice for the same offence.

Printed at the 'P. A. News' Jobbing Office.