Criminal Law Amendment Act 1892 (WA)

Miextern Ruaratta.

ANNO QUINQITAGESIMO QUINTO

VICTORIA,

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No. XXIV.

AN ACT to make better Provision for the Protection of Women and Girls, and for other Purposes.

[Assented to, /that March, 4g92.]

Legislative Assembly of Western Australia, in this present Parlia-	BE it enacted by the Queen's Most Excellent Majesty, by and
ment assembled, and by the authority of the same, as follows:—

with the advice and consent of the Legislative Council and Preambk.

1. THIS Act may be cited as "The Criminal Law Amendment Short title.

Act of 1892."

PART I.—PROTECTION OF WOMEN AND GIRLS.

2.	ANY person who—	Procuration..
4 2cn 49 Vi, 69, c.

( I. ) Procures or attempts to procure any girl or woman 9.a.<

under twenty-one years of age, not being a commonender prostitute or of known immoral character, to have unlawful carnal connection, either within or without the Colony, with any other person or persons ; or

55° VICTORLE, No. 24.

Criminal Law—Amendment.

(2.) Procures or attempts to procure any woman or girl to

become, either within or without the Colony, a common

prostitute ; or

Procures or attempts to procure any woman or girl to leave the Colony, with intent that she may become an inmate of a brothel elsewhere ; or

(4•) Procures or attempts to procure any woman or girl to leave her usual place of abode in the Colony (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of a brothel within or without the Colony ;

shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labor :

No conviction on Provided that no person shall be convicted of any offence

evidence of one

under this section upon the evidence of one witness only, unless such

uncorroborated

witness.

witness be corroborated in some material particular by evidence

implicating the accused.

3. ANY person who-

Procuring defilement

of woman by threats	By threats or intimidation procures or attempts to pro- (2.) By false pretences or false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connection, either within or without the Colony; or
or fraud, or

administering drugs.	cure any woman or girl to have any unlawful carnal
lb. s. 3.	connection, either within or without the Colony ; or

Applies, administers to, or causes' to be taken by any woman or girl any drug, matter, or thing, with intent to stupefy or overpower her so as thereby to enable any person to have unlawful carnal connection with such woman or girl ;

shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labor :

Provided that no person shall be convicted of an offence

No conviction on

evidence of one

under this section upon the evidence of one witness only, unless such

uncorroborated,

witness.

witness be corroborated in some material particular by evidence

implicating the accused.

Oakmont of girl 4. ANY person who unlawfully and carnally knows any girl

under twelve ilyears	under the age of twelve years shall be guilty of felony, and being
of age.
lb. s. 4.

55" VICTORtiE, No.

Criminal Law—Amendment.

convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than five years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without whipping.

Any person who attempts to have unlawful carnal knowledge

of any girl under the age of twelve years shall be guilty of

ta, misdemeanor, and being convicted thereof shall be liable, at the

discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without whipping:

Where upon the hearing of a charge under this section, the Atto admission

girl in respect of whom the offence is charged to have been corn- elieuceo ilireu. under this section shall be liable to indictment and punishment for perjury in all respects as if he or she had been sworn.

mitted, or any other child of tender years who is tendered as a witness,

does not, in the opinion of the Court or Justices, understand the nature

of an oath, the evidence of such girl or other child of tender years

may be received, though not given upon oath, if; in the opinion of

the Court or Justices, as the case may be, such girl or other child of

tender years is possessed of sufficient intelligence to justify the

reception of the evidence, and understands the duty of speaking the

truth: Provided that no person shall be liable to be convicted of the

offence unless the testimony admitted by virtue of this section and

given on behalf of the prosecution shall be corroborated by some

other material evidence in support thereof implicating the accused :

5.

WHEREAS doubts have been entertained whether a man

who induces a married woman to permit him to have carnal con- ibta"st

nection with her by personating her husband is or is not guilty of

rape, it is hereby enacted and declared that every such offender

shall be deemed to be guilty of rape.

6.     ANY person who

(i.) Unlawfully and carnally knows, or attempts to have un- Defilement of girl

lawful carnal knowledge of any girl being of or above	between twelve and
fourteen years of
the age of twelve years and under the age of four-	age.
teen years ; or	lb. s. 5.

(2.) Unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of any female idiot or imbecile woman or girl, under circumstances which do not amount to rape, but which prove that the offender knew at the time of the commission of the offence that the woman or girl was an idiot or imbecile ; Idiots and imbeciles.

550  VICTORIZE No. 24.

Criminal Law—Amendment

shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years, with or without hard labor.

Provided that it shall be a sufficient defence to any charge

Defence of reason- under sub-section one of this section if it shall be made to appear toable belief that girl not under fourteen. the Court or jury before whom the charge shall be brought that the

person so charged had reasonable cause to believe that the girl was

of or above the age of fourteen years.

Provided also that no prosecution shall be commenced for an offence under sub-section one of this section more than three months after the commission of the offence.

No person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be cor- roborated in some material particular by evidence implicating the accused.

7.      ANY person who, being the guardian, teacher, or school-

Defilement by guard- master of any girl or woman under the age of seventeen years,

inn, &e.

unlawfully and carnally knows, or attempts to have unlawful and carnal knowledge of such girl or woman, shall be guilty of a misde- meanor, and, being convicted thereof, shall be liable, at the discre- tion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without whipping.

8.

ANY person who, being the owner or occupier of any premises, or having, or acting, or assisting in the management or

Householder	&	n,
permitting de	file-

ment of young girl on

his promises.	control of any premises, induces or knowingly suffers any girl of
lb. s. G.	such age as is in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally

(l.) Shall, if such girl is under the age of twelve years, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than five years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without whipping; and

( 2 .) If such girl is of or above the age of twelve years and under the age of fourteen years, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or with- out hard labor, and with or without whipping:

55° VICTORUE, No. 24.

Criminal Law—Amendment.

Provided that it shall be a sufficient defence to any charge under this section, if it shall be made to appear to the court or jury	Defence of reason- able belief that girl
not under fourteen.
before whom the charge shall be brought that the person so charged had reasonable cause to believe that the girl was of or above the age of fourteen years.

9. ANY person who, being the owner or occupier of any prem- Householder, &c.,

ises, or having, or acting, or assisting in the management, or control permitting youthsunder To

thereof, induces, or knowingly suffers, any boy under the age of six- tet?ens resor

guilty of a

teen years to resort to, or be in or upon such premises for the pur-	misdemeanor.
pose of unlawfully and carnally knowing any girl or woman, whether such carnal knowledge is intended to be with any particular girl or woman or generally, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or with- out hard labor.

ANY person who, with intent that any unmarried girl

under the age of eighteen years should be unlawfully and carnally under eighteen with

known by any man, whether such carnal knowledge is intended to ,ll,toVetggiel.an

be with any particular man or generally, takes or causes to be taken Z8 S. i.

kbductio t of irl

such girl out of the possession and against the will of her father or mother, or any other person having the lawful care or charge of her, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labor.

Provided that it shall be a sufficient defence to any charge under this section, if it shall be made to appear to the court or jury

Defence of reason-

able belief that girl

before whom the charge shall be brought that the person so charged

not under eighteen.

had reasonable cause to believe that the girl was of or above the

age of eighteen years.

10.

11. ANY person who detains any woman or girl against her Unlawful detention

will with intent or in abrothel.

(I.) In or upon any premises with intent that she may be s. 8.

unlawfully and carnally known by any man, whether

any particular man or generally ; or

(2.) In a brothel ;

shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labor.

Where a woman or girl is in or upon any premises for the

purpose of having ally unlawful carnal connection, or is in a brothel,

a person shall be deemed to detain such woman or girl in or upon

ITICTORLIE, No. 24.

Criminal La•—Amendment.

such premises or in such brothel, if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withholds from such woman or girl any wearing apparel or other property belonging to her, or, where wearing apparel has been lent or otherwise supplied to such woman or girl by or by the direc- tion of such person, such person threatens such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.

No legal proceedings, either civil or criminal, shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel.

Power, on inform]: 12. IF upon the trial of an information for rape, or any offence

tiers for rape, to con- made felony by the fourth section of this Act, the jury shall be

vict of certain misde-

meanors. satisfied that the accused person is guilty of an offence under the

lb s 9 third, fourth, or sixth sections of this Act, or of an indecent assault, but are not satisfied that the accused is guilty of the felony charged in such information, or of an attempt to commit the same, the jury may acquit the accused of such felony, and may find him guilty of such offence as aforesaid, or of an indecent assault, and thereupon such accused shall be liable to be punished in the same manner as if he had been convicted upon an information for such offence as aforesaid, or for the misdemeanor of indecent assault.

IF it appears to any Justice of the Peace, on information made before him on oath by any parent, relative, or guardian of any woman or girl, or any other person who, in the opinion of the Justice, is bond- fide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such Justice, such Justice may issue a warrant author- ising any person named therein to search for, and when found, to take to and detain in a place of safety, such woman or girl until she can be brought before a Justice of the Peace; and the Justice of the Peace before whom such woman or girl is brought may cause her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require.

Power of search. 13.

lb. s. 10.

The Justice of the Peace issuing such warrant may, by the same or any other warrant, cause any person accused of so unlaw- fully detaining such woman or girl to be apprehended and brought before a Justice of the Peace, and proceedings to be taken for punishing such person according to law.

A woman or girl shall be deemed to be unlawfully detained

for immoral purposes if she is so detained for the purpose of being

VICTORIA], No. 24.

Criminal Law—Amendment.

unlawfully and carnally known by any man, whether any particular

man or generally, and

(a.)	Is under the age of sixteen years ; or
(b.)	Being of or over the age of sixteen years, and under the age of eighteen years, is so detained against her will, or against the will of her father or mother or of any other person having the lawful care or charge of her ; or
Being of or above the age of eighteen years, is so de-

tained against her will.

Any person authorised by warrant under this section to search for any woman or girl so detained as aforesaid may enter, and if need be by force, any house, building, or other place specified in such warrant, and may remove such woman or girl therefrom:

Provided always that every warrant issued under this section shall be addressed to and executed by some Officer of Police, who shall be accompanied by the parent, relative, guardian, or other person making the information, if such person so desires, unless the Justice otherwise directs.

ANY male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the	utrages on decency.
o s. IL
commission by any other person of, any act of gross indecency with
another person, shall be guilty , of a misdemeanor, and being con-
victed thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without whipping.

14.

15.     WHERE on the trial of a person charged with an offence

ct it is proved to the satisfaction of the Court that the el n do sLotroegn rls I

under this Act

seduction or prostitution of a girl under the age of sixteen has been lb . s. 12.

caused, encouraged, or favored by her father, mother, guardian, master, or mistress, it shall be in the power of the Court to divest such father, mother, guardian, master, or mistress of all authority over her, and to appoint any person or persons willing to take charge of such girl to be her guardian until she has attained the age of twenty-one, or any age below twenty-one as the Court may direct, and the Supreme Court, or a Judge thereof, shall have the power from time to time to rescind or vary any such order by the appoint- ment of any other person or persons as such guardian, or in any other respect.

M. NO girl under the age of fourteen years shall be deemed years Indecent assault.

capable of consenting to any indecent assault, and no girl or woman

55" VICTORL/E, No. 24.

Criminal Law—Amendment.

under the age of seventeen years shall be deemed capable of con- senting to any indecent assault committed by the guardian, teacher, or schoolmaster of such girl or woman.

PART H.—INCEST.

17.     ANY person who carnally knows a woman or girl who is to

Abuse of female by the knowledge of such person his daughter or other lineal descend- her father or anew-

to or brother. es ant, or his sister, shall be guilty of felony, and being convicted r

thereof shall be liable at the discretion of the Court to be kept in penal servitude for life, or for any term not less than five years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without whipping.

Any person who attempts to have carnal knowledge of a woman or girl who is to the knowledge of such person his daughter or other lineal descendant, or his sister, or assaults any such woman or girl with intent unlawfully and carnally to know her, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the Court to be kept in penal Servitude for any term not exceeding ten years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without whipping.

Attempt.

It shall be no defence to any such charge that such carnal knowledge, or attempt or assault with intent to have carnal know- ledge, was or was made with the consent of such woman or girl.

18.     ANY woman or girl of or above the age of eighteen years

When female is who consents to her father or other lineal ancestor, or to her brother, adult and consents. having carnal knowledge of her, and permits him, knowing him to

be her father or other lineal ancestor, or her brother, as the case may be, so to do, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the Court to be kept in penal servitude for any term not exceeding five years.

Provided that it shall be a sufficient defence to any charge

Excused, if under under this section if it shall be made to appear to the Court or Jury coercion. before whom the charge shall be brought that the person so charged

was, at the time when she consented to her -father or other lineal ancestor, or her brother, having carnal knowledge of her or per- mitted him so to do, acting under his coercion.

19.      IN any prosecution for an offence against the provisions of

tionship to be pre-

Knowledge of rela- the two last preceding sections-

sumed unless con-

trary is shown. .) It shall be sufficient to prove that the woman or girl on

whose person or by whom the offence is alleged to have

been committed is reputed to be the daughter or other

55" VICTORLE, No. 24.

Criminal Law—Amendment

lineal descendant, or sister, of the person charged or with whom the offence is alleged to have been com- mitted, and it shall not lie necessary to prove that such woman or girl or any person being her parent or ancestor and descendant of the person charged or with whom the offence is alleged to have been committed, was born in- lawful wedlock ;

( 2 .) The accused person shall, until the contrary is proved, be presumed to have had knowledge at the time of the alleged offence of the relationship existing between the woman or girl on whose person or by whom the offence is alleged to have been committed and the person charged or with whom the offence is alleged to have been committed.

PART M.—MISCELLANEOUS.

20. THIS Act shall not exempt any person from any proceeding liaito liability bi

for an offence which is punishable at common law, or under any Act S other criminal

other than this Act, so that a person be not punished twice for the ceedings.	s. 16.
same offence.

21.      THE Court before which any person charged with misde-

meanor under this Act, or with indecent assault, is prosecuted or Csts.	Ib. s. 18.
tried, may upon conviction of the accused person order the costs of

the prosecution to be paid by such person ; and every order for the 33 & 34 vie., e. 23

payment of such costs shall be enforced in the same manner as in the (37 Vic., No. 8).

case of costs ordered to be paid by the Court upon a conviction for

felony.

22.       EVERY person charged with an offence under this Act or

under section three of " The Criminal Law Consolidation Ordinance, ::szfectarteedeoalt

1865," or any of the sections fifty-two to fifty-five, both inclusive, of potent witnesses.

in this Colony by " The Criminal Law Consolidation Ordinance, 1865," and the husband or wife of the person so charged shall be competent but not compellable witnesses on every hearing, at every stage of such charge.

the Act of the Imperial Parliament passed in the session of the m.8.2°.

twenty-fourth and twenty-fifth years of the reign of Her present

23. UPON the conviction of any person of an attempt to com- court may ordt-

mit the offence of rape, the Court, in addition to any other punish- hipping opping for de

ment, may sentence the offender to be whipped. tempts to rape.

55° VICTORIA:, No. 24.

Criminal Law—Amendment.

Provisions as to 24.

WHENEVER whipping may be awarded for any offence under this Act, or for an attempt to rape, the Court may sentence the offender to be once, or if the offence be against sections four or six of this Act, or of an attempt to rape, to be once, twice, or thrice whipped, and the number of strokes not exceeding fifty at each such whipping, or in case of an offender under the age of sixteen not exceeding twenty-five strokes at each such whipping, and the instru- ment with which and the periods when they shall be inflicted shall be specified by the Court in the sentence: Provided that in no case shall such whipping take place after the expiration of six months from the passing of the sentence.

whipping.

25.      WHEN any hearing or trial takes place in relation to any

Power to exclude	offence under this Act or " The Criminal Law Consolidation Or-
Court.	dinance, 1865," or any Act thereby adopted, relating to rape or other offences against females, or unnatural offences, it shall be lawful for the Court or Justice of the Peace to direct that all females and boys shall be excluded from the place where such hearing or trial is being heard or conducted.

females, &c., from

26.      THE Act mentioned in the Schedule to this Act shall,

Repeal of

enactments in	to the extent mentioned in the third column of the said Schedule,
Schedule.	cease to apply or have any force in Western Australia, except as to anything heretofore lawfully done thereunder, and except so far as may be necessary for the purpose of supporting and continuing any proceeding taken, or of prosecuting or punishing any person, for any offence committed before the passing of this Act.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

55" VICTORI}E, No. 24.

Criminal Law—Amendment.

SCHEDULE.

Session CImpter. Title. Extent of Repeal.

24 & 25 Vie., c. 100 An Act to consolidate and amend Sections 49, 50, and 51,

(adopted by 29 Vic.,	the Statute Law of England	and in section fifty-
No. 5).	and Ireland relating to Of-	two the words "or
fences against the Person.	" of any attempt to " have carnal know- " ledge of any girl " under twelve years " of age."

By Authority : Rieman PETHER, Government Printer, Perth.