Legal Status of Women in Iowa by Jennie Lansley Wilson
page 18 of 99 (18%)
page 18 of 99 (18%)
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[Sidenote: Larceny, bigamy, etc.]
In larceny, bigamy, manslaughter and other crimes, men might claim the benefit of clergy and by taking holy orders, escape all punishment, except branding in the hand and a few months imprisonment, while women might receive sentence of death and be executed for the first offense. Later the law was changed so that in cases of simple larceny under the value of ten shillings, they might be burned in the hand and whipped, stocked or imprisoned for any time not exceeding one year. The disability of sex and of ignorance were both finally removed and all men and women admitted to benefit of clergy. [Sidenote: Adultery and seduction.] [Sidenote: Rape.] By the common law, adultery and seduction were not classed with crimes, but were only civil injuries for which compensation might be recovered by husband, father or guardian, but the woman, who might be wronged, had no right of action for the injury to herself, and the State did not recognize any wrong to society by an injury to the person of one who was civilly dead. The crime of rape was punishable by death, and consent, though proved, was no defense, if the offense was committed upon a child under ten years of age. [Sidenote: Right of appeal.] Magna Charta, granted by King John, while redressing many hardships and grievances incident to feudal times, and confirming and securing to the people many rights and liberties, among which was the right of the wife |
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