FREE BOOKS

Author's List




PREV.   NEXT  
|<   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76  
77   78   79   80   81   82   83   84   >>  
d Reforms= (_a_) It should be made an offence punishable in the Children's Court for a girl whose age is under 16 years to permit a person to have carnal knowledge of her or to handle her indecently. (_b_) It should also be made an offence punishable in the Children's Court for any girl to indecently assault a male. (_c_) Consideration should also be given to the desirability of amending sections 208 and 216 of the Crimes Act and section 203 of the Justices of the Peace Act. There are three courses which might be followed: First, to allow the law to remain as it is. Secondly, to strike out the proviso which permits this defence of consent to be raised in cases where the accused is under 21 years and older than the girl. Thirdly, to alter the wording of the provision regarding age of consent from-- " ... it is made to appear ... that the accused was under 21 and had reasonable cause to believe that the girl was of or over the age of 16." to-- " ... if the accused (being a person under the age of 21 years) took all reasonable steps to ascertain that the girl was of or over the age of 16 years and did as a result thereof believe that she was of or over the age of 16 years." Any legislation such as is suggested in this subheading would involve an amendment of the Crimes Act and not merely an amendment of the Child Welfare Act. The Committee therefore suggests to the Government that further information be obtained as to how the law regarding "age of consent" is operating in other jurisdictions and that the information so obtained be submitted to the Law Revision Committee for its consideration. _XVI. Child Welfare in New Zealand_ =(1) History of Legislation= In order the better to understand the limits and extent of the powers under the Child Welfare Act, and how these powers are capable of improvement and extension, it is desirable to set out briefly the history of the law pertaining to institutions and homes established in New Zealand for children in need of care or correction. The first provisions were contained in the _Neglected and Criminal Children Act 1867_. This statute provided that boys and girls under fifteen years of age could be committed to industrial schools or reformatories for periods up to seven years. In 1873 the Master of any Industrial School established under the Act became _in loco parentis_ to children of parents who
PREV.   NEXT  
|<   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76  
77   78   79   80   81   82   83   84   >>  



Top keywords:

Welfare

 
consent
 
accused
 

Children

 
Crimes
 
children
 
powers
 

established

 

Zealand

 

punishable


offence
 

information

 

obtained

 

Committee

 
person
 
amendment
 

indecently

 

reasonable

 

improvement

 
extent

capable
 

submitted

 

Revision

 

extension

 
jurisdictions
 

operating

 

consideration

 
understand
 

Legislation

 
History

limits
 

schools

 

reformatories

 

periods

 

industrial

 
committed
 

fifteen

 

parentis

 

parents

 
Master

Industrial

 

School

 

provided

 

institutions

 
pertaining
 

briefly

 

history

 
correction
 

statute

 

Criminal