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PaperclipPerfector  1yr ago (text post)   27510 thread views

Culture War Roundup for the week of November 6, 2023

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child prostitutes presumably cannot consent

Why not? Especially because...

In fact, how much does the dying child part even matter? It seems it would only matter if we first establish that harm is always caused to children having sex, even if they ostensibly consent.

This seems to be the route Wertheimer took. It's a bit unsatisfying, because we end up not being able to make such bold proclamations as, "[C]hild prostitutes presumably cannot consent." Instead, we have to say that, sure, they can consent, but we have reason to believe that it would be harmful to them, anyway (and so we simply refuse to accept their consent). He bit this bullet and concluded that it was actually just an empirical question. That is, if we did a proper utilitarian calculation and determined that maybe it's not necessarily so harmful, then from a theoretical perspective, we just have to settle for saying that children consenting to sex is totally fine.

This theoretical tool could be applied to hypothetical societies, too. For example, if we built an extremely sex-positive culture with tip-top comprehensive sex education at young ages, we could raise children who think, like many others even in these spaces think, that having sex is mostly akin to just playing a fun game of tennis with someone, being aware that there are risks like tearing your ACL. Then, they'd be able to consent just fine, no differently than we think that they can consent to playing a game of tennis.

Regarding child prostitution, there is the highly coloured and sensational campaign from 1885 by the journalist W.T. Stead which helped to push forward the the implementation of the Criminal Law Amendment Act of 1885, which raised the age of consent for girls from 13 to 16.

Before beginning this inquiry I had a confidential interview with one of the most experienced officers who for many years was in a position to possess an intimate acquaintance with all phases of London crime. I asked him, “Is it or is it not a fact that, at this moment, if I were to go to the proper houses, well introduced, the keeper would, in return for money down, supply me in due time with a maid–a genuine article, I mean, not a mere prostitute tricked out as a virgin, but a girl who had never been seduced?” “Certainly,” he replied without a moment’s hesitation. “At what price?” I continued. “That is a difficult question,” he said. “I remember one case which came under my official cognizance in Scotland-yard in which the price agreed upon was stated to be £20. Some parties in Lambeth undertook to deliver a maid for that sum —-to a house of ill fame, and I have no doubt it is frequently done all over London.”

“But, “I continued, “are these maids willing or unwilling parties to the transaction–that is, are they really maiden, not merely in being each a virgo intacta in the physical sense, but as being chaste girls who are not consenting parties to their seduction? ” He looked surprised at my question, and then replied emphatically: “Of course they are rarely willing, and as a rule they do not know what they are coming for.” “But,” I said in amazement, “then do you mean to tell me that in very truth actual rapes, in the legal sense of the word, are constantly being perpetrated in London on unwilling virgins, purveyed and procured to rich men at so much a head by keepers of brothels?” “Certainly,” said he, “there is not a doubt of it.” “Why, “I exclaimed, “the very thought is enough to raise hell.” “It is true,” he said; “and although it ought to raise hell, it does not even raise the neighbours.”

“But do the girls cry out?” “Of course they do. But what avails screaming in a quiet bedroom? Remember, the utmost limit of howling or excessively violent screaming, such as a man or woman would make if actual murder was being attempted, is only two minutes, and the limit of screaming of any kind is only five. Suppose a girl is being outraged in a room next to your house. You hear her screaming, just as you are dozing to sleep. Do you get up, dress, rush downstairs, and insist on admittance? Hardly. But suppose the screams continue and you get uneasy, you begin to think whether you should not do something? Before you have made up your mind and got dressed the screams cease, and you think you were a fool for your pains.” “But the policeman on the beat?” “He has no right to interfere, even if he heard anything. Suppose that a constable had a right to force his way into any house where a woman screamed fearfully, policemen would be almost as regular attendants at childbed as doctors. Once a girl gets into such a house she is almost helpless, and may be ravished with comparative safety.”

“But surely rape is a felony punishable with penal servitude. Can she not prosecute?” “Whom is she to prosecute? She does not know her assailant’s name. She might not even be able to recognize him if she met him outside. Even if she did, who would believe her? A woman who has lost her chastity is always a discredited witness. The fact of her being in a house of ill fame would possibly be held to be evidence of her consent. The keeper of the house and all the servants would swear she was a consenting party; they would swear that she had never screamed, and the woman would be condemned as an adventuress who wished to levy black mail.” “And this is going on to-day?” “Certainly it is, and it will go on, and you cannot help it, as long as men have money, procuresses are skilful, and women are weak and inexperienced.”

Sure. Rape is bad. I don't think that an example of someone being raped implies that all other people are incapable of consenting. Even if we try to draw a circle around a group of roughly similar people who are being raped because of a systemic societal failure. E.g., people could certainly recount horrible stories about black slaves being raped, and explain how a systemic societal failure led to this happening a bunch of times. Doesn't seem to imply that black people in general are incapable of consenting.

HOW GIRLS ARE BOUGHT AND RUINED Her story, or rather so much of it as is germane to the present inquiry, was somewhat as follows:–

As a regular thing, the landlady of a bad house lets her rooms to gay women and lives on their rent and the profits on the drink which they compel their customers to buy for the good of the house. She may go out herself or she may not. If business is very heavy, she will have to do her own share, but as a rule she contents herself with keeping her girls up to the mark, and seeing that they at least earn enough to pay their rent, and bring home sufficient customers to consume liquor enough to make it pay. Girls often shrink from going out, and need almost to be driven into the streets. If it was not for gin and the landlady they could never carry it on. Some girls I used to have would come and sit and cry in my kitchen and declare that they could not go out, they could not stand the life. I had to give them a dram and take them out myself, and set them agoing again, for if they did not seek gentlemen where was I to get my rent? Did they begin willingly? Some; others had no choice. How had they no choice? Because they never knew anything about it till the gentleman was in their bedroom, and then it was too late. I or my girls would entice fresh girls in, and persuade them to stay out too late till they were locked out, and then a pinch of snuff in their beer would keep them snug until the gentleman had his way. Has that happened often? Lots of times. It is one of the ways by which you keep your house up. Every woman who has an eye to business is constantly on the lookout for likely girls. Pretty girls who are poor, and who have either no parents or are away from home, are easiest picked up, How is it done? You or your decoy find a likely girl, and then you track her down. I remember I once went a hundred, miles and more to pick up a girl. I took a lodging close to the board school, where I could see the girls go backwards and forwards every day. I soon saw one that suited my fancy. She was a girl of about thirteen, tall and forward for her age, pretty, and likely to bring business. I found out she lived with her mother. I engaged her to be my little maid at the lodgings where I was staying. The very next day I took her off with me to London and her mother never saw her again. What became of her? A gentleman paid me £13 for the first of her, soon after she came to town. She was asleep when he did it–sound asleep. To tell the truth, she was drugged. It is often done. I gave her a drowse. It is a mixture of laudanum and something else. Sometimes chloroform is used, but I always used either snuff or laudanum. We call it drowse or black draught, and they lie almost as if dead, and the girl never knows what has happened till morning. And then? Oh! then she cries a great deal from pain, but she is ‘mazed, and hardly knows what has happened except that she can hardly move from pain. Of course we tell her it is all right; all girls have to go through it some time, that she is through it now without knowing it, and that it is no use crying. It will never be undone for all the crying in the world. She must now do as the others do. She can live like a lady, do as she pleases, have the best of all that is going, and enjoy herself all day. If she objects, I scold her and tell her she has lost her character, no one will take her in; I will have to turn her out on the streets as a bad and ungrateful girl. The result is that in nine cases out of ten, or ninety-nine out of a hundred, the child, who is usually under fifteen, frightened and friendless, her head aching with the effect of the drowse and full of pain and horror, gives up all hope, and in a week she is one of the attractions of the house. You say that some men say this is never done. Don’t believe them; if these people spoke the truth, it might be found that they had done it themselves. Landladies who wish to thrive must humour their customers. If they want a maid we must get them one, or they will go elsewhere. We cannot afford to lose their custom; besides, after the maid is seduced, she fills up vacancies caused by disease or drink. There are very few brothels which are not occasionally recruited in that way. That case which I mentioned was by no means exceptional; in about seven years I remember selling two maids for £20 each, one at £16, one at £15, one at £13 and others for less. Of course, where I bought I paid less than that. The difference represented my profit, commission, and payment for risk in procuring, drugging, &c.

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