Page:The Legal Subjection of Men.djvu/37

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earnings, and has the added consolation of knowing that they will be brought up to detest him.

Even in the extreme case where a deserting wife takes with her the children of the marriage, there is practically no redress for the husband if in narrow circumstances. The police courts will not interfere. The divorce court, as already stated, is expensive to the point of prohibition. In any case the husband has to face a tribunal already prejudiced in favour of the female, and the attendant scandal of a process will probably have no other result than to injure his children and their future prospects in life.

11. Impunity for Offences against Husband.

The wife in England enjoys either absolute immunity or liability to merely nominal punishment for all offences against her husband committed during marriage. Contrast with this the rule as regards offences by the husband towards the wife. Gaol and public obloquy are his portion.

This matter will be referred to again in considering the criminal law privileges of women in general (married or unmarried) as regards trial, sentence, remission of punishment, and gaol-treatment. It may here be noted that feminine exemption, as specially regards Matrimonial Law, is established in one of the following ways:—Either by

1. The text of the law expressly, which discriminates between wife's offences and husband's, punishing the latter, and leaving unpunished the wife. For instance, in cases of desertion; or by

2. The administrators of the law who have established a rule of practice discriminating in favour of the woman, although nominally the law is the same for both. For instance, in cases of cruelty, perjury, and bigamy; or by the fact that