KELBURN RAID

Dominion, Volume 11, Issue 247, 6 July 1918, Page 8

KELBURN RAID

_ •»- ] EQUALITY OF THE SEXES EXPOSITION OF THE LAW STATEMENT BY MINISTER OF . JUSTICE CONSIDERED OPINIONS. Ever since the police rnid on a certain house in Upland Road, Kelburn, i ceurred there have been comr aints that men and women are not treated eq inlly in cases of this sort. It has been said that Hie men were allowed to go free while the •■vomen were sent to gaol. The Minister of Justice was asked jeslar'dny to make a statement on the subject. Mr. AV'ilford said that as Minister of Justice ho did not givo legal opinions, but. ho had referred the several resolutions forwarded to him to the Commissioner of Police for his report, and subsequently lie had referred the report of the Commissioner to the Solicitor-Ueneral for an authoritative legal opinion. No New Facts. Air. AVilford said:' "The Commissioner of Police points out first of nil that he does not perceive any radical difference in the incidents of this case and those of prosecutions for similar offences iu the courso of many years. Exactly similar proceedings to those that were taken could.have been taken to bring- the parties before the Court under the proceedings of the Justices ot the Peace Act, i'JOS, which, the Commissioner contended, were really identical with ihose pi-escrib-ed bv the War Regulations, under which Act it was taken. But, with this difference, tint if it were intended that parties should l» arrested under the Justices of the Peace Act a warrant would be required. "The comments of the Press, says the Commissioner of Police, and of writers in tho newspapers, have excited the pubIk: mind, mainly on tiie alleged distinction made in dealing with. { cinale inmates end frequenters of :ho house and the men who visit it. Tho blamo for this is attributed, according to tho view or knowledge of tho writer, to the police or to the law as laid down both in the Justices uf the Pence Act and the "War Iterations Act. But -Mie law as laid down both in the Justices of the Peace Act and the War Regulations Act does not discriminate between men and women. The words .if the Justices of- tho Peace Act are. 'Every person who keeps or maiinges, or acts or assists, in the management of a brothel, etc.,' and the words of the War Regulations are: 'Every person who keeps, manages, occupies, or iesides in a house of ill-fame, or acts or nssists in the keeping or management of such house.' Under these provisions any man as well as any woman ".in .bo prosecuted, and men have in many instances been convicted of such offences. Women and Mon. "The question outstanding is as to tho liability of persons-women or men—who resort "to a house for personal intercourse. As regards women, the Commissioner contends that they must be prostitutes to be liable to prosecution on a single, visit to a house for intercourse with a particular man. Even 'for gain' would not be sufficient proof 'thai she was a prostitute, or that she knew tho house was a brothel. Prosecutions that could be drawn against the 'keeper' or 'occupier' would not necessarily arise against her.' It must, therefore,' be proved in some other way that she had knowledge of the character of the house. The Man Visitor. "\s regards the man who resorts to the house for sexual indulgence, the Commissioner thinks that it is very doubtful that he could bo held responsible as aider and ahetlor, as was suggested during the trial. Direct provision is already made for dealing with persons who assist' in keeping, etc., but assuming that thev can'be deemed to bo abettors, it "is quite clear that much more definite and cogent proof would be yquired against them than against the keeper or occupier. Prosecutions against tin- keeper or occupier cannot be drawn ■ifiiinsl the man who paid only one visit to the house. Tu the Kelburn case the men found in the house were seen by the police 'on that occasion only. Some of tliem were from foreign-going ships; others were soldiers from the camps, and all wore more or less strangers in tho city. An Analogy, "The position is analogous to that of persons found in a gaining house on the occasion of a raid. The fact that men caught playing cards on the arrival of the police would be no justification for the charge of assisting in_ the keeping or management of a gaining house, though such evidence might help a charge against the occupier. Evidence of the staking of money and of the knowledge of th» ch.".raofcr of tho house would be required against him. "So, also, in the case of the man found in a brothel. .Dismissal of Hie charges against three young women in the Kelburn M?e clearly shows that similar prosecutions of the men must fail. Men and women, says the Commissioner, are in all respects treated alike under tho provisions of the existing law. How the Women Fared. "The Commissioner further points out that tho young women who were acquitted were proved to have been in the house on more than one occasion. These young women the Magistrate acquitted because he held that there was not sufficient evidence to establish the offence of assisting in the keeping or managing. It is clear, therefore, that if tho men had been charged for their one viidt to the premises they must have her-n acquitted. "The Commissioner contends that tho Ivelbiiru case shows that the law as it stands applies equally to men and to women. Solicitor-General's Opinion. "The .Solicitor-General, in reviewing the remarks of the Commissioner at my request, states that he agrees with the views expressed by the Commissioner of Poliro in his memorandum to me. Tho Solicitor-General states definitely nud without any possibility of misunderstanding that in his opinion the existing law as to brothels and houses of illfame makes no difference between men and women. Ho says: 'Offences created bv ,the War Regulations are' those o! keeping, managing, occupying or residing in a house of ill-fame, oi- acting or assisting in the keeping or management of any such house, or in keeping of any premises to "lie used as a house of _illianu'.' Hoth nifi »nd women, he points out, are equally liable for every such offence. The mere act, however, of resorting to a house of ill-fame for the purpose of illicit sexual intercourse is not in itself sufficient to constitute the offence of aiding or abetting any offence ' against the Regulations, but, he says, if ' siich conduct is an offence, both '.mm and woman arc equally liable to prosecution for it. "The Solicitor-General concludes his comments in these words: 'Similar-ob-servations to those applying under tho ' War Regulations to brothels anply to" 1 those provisions relating to brothels in the Justices of the Peace Act.'" Mr. Wilfovd. in conclusion, said: "I am placing before the public tho con- '■ sidered opinion of tho Solicitor-General, ' who endorses the opiujon forwarded by the Commissioner of Police. 1 have no comments to make. All the opinions i are so clearly and emphatically expressed."