Defilement of minors : a comparative study

Abstract

1,. Since the time of the Romans, most penal codes have had sone provisions dealing with those sexual offences which are comitted against persons who are not yet mature enough to defend themselves against the libidinous acts of others. 2. It is true that not all these codes have dealt with the same sexual offences. nor has the same sexual offence been equally treated by the different codes, yet it may be said that it has always been thought that the crimes against the morality of children is something which cannot be left out of a penal code. 3. Roman Law provided harsh penalties for those who committed acts of defilement not for gain but for the personal satisfaction of their passions. Thus, the defilment of a virgin under the age of ten years was punished with work in the mines or with exile: "Qui nondum viripotentes virgines corrumpunt, humiliores in metallum damnantur, honestiores in insulam relegantur, aut in exilium mittuntur." The exciting of a young boy to debauchery, when fraudulent or criminal means were used, was punished. with exile or with death: "Qui puero stuprum abducto ab eo vel corrupto comite persuaserit ... perfecto flagitio punitur capite; imperfecto in insula deportatur." In these cases, defilement. was criminal only when relative to children who were still under the age of puberty which, according to late Roman Law, was fourteen years for males and twelve years for females.