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SEDUCTION (from Lat. seducere, to lea...

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Originally appearing in Volume V24, Page 580 of the 1911 Encyclopedia Britannica.
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SEDUCTION (from See also:Lat. seducere, to See also:lead astray)  , a See also:term generally used in the See also:special sense of wrongfully inducing a woman to consent to sexual intercourse . The See also:action for See also:seduction of an unmarried woman in See also:England stands in a somewhat anomalous position . The theory of See also:English See also:law is that the woman herself has suffered no wrong; the wrong has been suffered by the See also:parent or See also:person in loco parentis, who must See also:sue for the damage arising from the loss of service caused by the seduction of the woman . Some See also:evidence of service must be given, but very slight evidence will be sufficient, even making of See also:tea, milking cows, minding See also:children or any small See also:household See also:work . It is no See also:bar if a daughter is out at work during the See also:day See also:time, provided she assists in the household when she comes See also:home in the evening . The relationship of See also:master and servant must, however, exist, and the action must be brought by the person with whom the seduced girl was residing at the time, whether in the capacity of daughter and servant, See also:ward and servant, or servant only . It is so seldom indeed that an action is brought against a seducer when the seduced girl is a servant only, that what See also:Serjeant See also:Manning wrote many years ago is still painfully true: " The quasi fiction of servitium amisit affords See also:protection to the See also:rich See also:man whose daughter occasionally makes his tea, but leaves without redress the poor man whose See also:child is sent unprotected to See also:earn her See also:bread amongst strangers " (See also:note to See also:Grinnell v . See also:Wells, 1844, 7 M . & G . 1044) . This capricious working of the action for seduction is somewhat obviated in Scots law, under which the seduced woman may sue on her own See also:account, but only if deceit has been used, and most often there is a difficulty in showing that the deceit alone was the cause of the injury . Although the action is nominally for loss of service, still exemplary See also:damages are given for the dishonour of the See also:plaintiff's See also:family beyond recompense for the See also:mere loss of service .

An action for seduction cannot be brought in the See also:

county See also:court except by agreement of the parties . As to seduction of a married woman, the old action for criminal conversation was abolished by the See also:Divorce See also:Act I&57 which substituted for it a claim for damages against the co-See also:respondent in a divorce suit; but if a married woman were living apart from her See also:husband in her See also:father's See also:house, and giving her services to her father in the slightest degree, an action for seduction would See also:lie . Seduction in England is not as a See also:rule a criminal offence . But a See also:conspiracy to seduce is indictable at See also:common law . And the Criminal Law See also:Amendment Act 1885 (which extends to the See also:United See also:Kingdom) makes it See also:felony to seduce a girl under the the See also:age of thirteen, and See also:misdemeanour to seduce a girl between thirteen and sixteen (§§ 4,5) . The same act also deals severely with the cognate offences of See also:procuration, See also:abduction and unlawful detention with the See also:intent to seduce a woman of any age . The Children Act 1908 gave a further protection to See also:young See also:people, enacting that if any person having the custody, See also:charge or care of a girl under the age of sixteen causes or encourages the seduction of that girl he shall be guilty of a misdemeanour, and be liable to imprisonment, with or without hard labour, for a term not exceeding two years . United States.—In the United States See also:state legislation has generally modified the common law . In some states the father brings the action as the representative of the family whose purity has been invaded; in others the woman herself may bring the action . In many states there is a criminal as well as a See also:civil remedy . The penal codes of New See also:York, New See also:Jersey, See also:Louisiana and other states make it a See also:crime to seduce under, promise of See also:marriage an unmarried woman of See also:good reputation . Subsequent intermarriage of the parties is in most cases a bar to criminal proceedings .

The state legislation of the United States is in remarkable opposition to the rule of the See also:

canon law, by which the seduction of a woman by her betrothed was not punish-able on account of the inchoate right over her person given by the See also:betrothal .

End of Article: SEDUCTION (from Lat. seducere, to lead astray)
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