every
citizen. More particularly may this be said to be so when the State
spends much money on the education and health of the people. Suicide
has always been wrongful; attempts at suicide are therefore punishable,
partly because the State has an interest in maintaining human life, and
partly because suicide is a result of sin and a breach of morality.

=(2) Protection of Women and Girls from Defilement=

At common law the woman was always regarded as the mistress of her own
person. Consent was therefore a defence to a charge of rape. The
Legislature subsequently interfered for the good of society and in the
interests of morality by legislating against abortion, against
soliciting for the purpose of prostitution, against the keeping of
brothels, and against procuration for the purpose of carnal knowledge.

The next development of consequence in the law on this matter was in the
Criminal Law Amendment Act of 1885 (England). This statute, which was
subsequently followed in New Zealand, made it a criminal offence to have
carnal knowledge of girls. The penalties were graded according to the
ages of the girls involved.

As an indication of the seriousness with which the law, by successive
stages, has regarded sexual offences it is convenient here to summarize
the penalties set out in sections 212 _et seq._ of the Crimes Act
(N.Z.).

Rape Imprisonment for life.
Attempted rape Imprisonment for 10 years.
Carnal knowledge of girl under 10 Imprisonment for life.
Carnal knowledge of girl 10 to 11 years Imprisonment for 10 years.
Attempted carnal knowledge of girl
under 12 years Imprisonment for 7 years.
Carnal knowledge of girl 12 to 16 years Imprisonment for 5 years.
Indecent assault on female Imprisonment for 7 years.

The above are the maximum penalties. The modern tendency is to inflict
much lesser punishment upon an offender, to grade the punishment having
regard to such matters as the damage done, the past history of the
offender, and the prospect of reform.

=(3) Consent as a Defence=

The consent of a girl under 12 years of age cannot be raised as a
defence to any defilement charge.

But where the girl is over 12 and under 16 her consent may be raised as
a defence if:

(_a_) The girl is older than or of the same age as the person
charged; or

(_b_) It is made to appear to the jury