In India, one of the rapists who
brutalised and murdered a young woman on a bus, has offered an excuse for his
crime. "A girl is far more responsible for
rape than a boy. A decent girl won't roam around at 9 o'clock at night.
Housework and housekeeping is for girls, not roaming in discos and bars at
night doing wrong things, wearing wrong clothes."
In Britain we are tempted to give smug thanks that we live in a country
where women are not treated with such utter contempt. We are and always have
been so thoroughly civilised here.
Except, of course, that we haven’t.
1982 a motorist raped
a teenage hitchhiker. I remember the case very well, because the judge at
Ipswich crown court, Bertrand Richards, merely fined the rapist, since the
victim was obviously just asking for it. ''I am not
saying that a girl hitching home late at night should not be protected by the
law, but she was guilty of a great deal of contributory negligence.'' It’s one of a
vast ocean of cases where rape victims have been let down by the courts or the
police, and the belief is still widespread that in many cases, the women victims
are responsible for the crime committed against them.
Not so long ago, some women could be raped
repeatedly without the law even recognising it as a crime. They were called
‘wives.’
1736 Judge
Matthew Hale established that as marriage was a legal contract, the wife ‘hath
given up herself in this kind unto her husband, which she cannot retract.’
Refusal was not permitted.
1991 R.v R: The House
of Lords finally declares Hale’s ruling to be a legal myth. 1991.
But still, we think, Britain is a better
place for women than many other countries and cultures. Yes, there are still
glass ceilings to break through, and a great many theoretical equalities that
amount to squat in real life, but we’re not generally treated as possessions,
as second-class citizens, as sex-slaves, oppressed, covered up, despised,
subjected to forced marriage, mutilated…
Not now. But we haven’t been where we are
for very long.
Women allow themselves to be ‘given away’
by their fathers at their weddings, and, okay, it’s on a par with wearing
something borrowed, something blue: cute and meaningless. But for centuries, it
had plenty of meaning. Parents arranged marriages, and girls were the property
of their father until the moment they became the property of their husband.
1870 – 145 years ago
– Married Women’s Property Act: a wife
was allowed to keep her own earnings. Before that, any wealth she earned or
owned became her husband’s property. She couldn’t draw up a will or dispose of
anything without her husband’s consent.
1882 Married Women’s Property
Act: wives were granted the legal status of ‘Feme Sole.’ They existed in their
own right. Previously, a wife was legally defined as a ‘feme covert.’ In the
words of 18
th century lawyer, William Blackstone, "By marriage,
the very being or legal existence of a woman is suspended, or at least
incorporated or consolidated into that of the husband, under whose wing,
protection, or cover she performs everything."
Mind you, when my mother’s
cousin writes to her, she still addresses her as Mrs. Peter Moore.
1990 – just 25 years ago
– She’s finally taxed separately.
Which is okay if she’s allowed to work. My grandmother, a seamstress,
marrying in 1921, had to make do with a quiet civil ceremony, in order to keep
the marriage secret from her employer. Once he found out, she was unemployed.
Married women couldn’t work and be economically independent.
Not that they had much of an income to give up, because women could expect
to be paid pin money, while men were entitled to a proper wage. As wage slaves,
at the beginning of the industrial revolution, they were in demand, as a source
of very cheap labour.
1842 Mines and Collieries Act:
women were excluded from working in mines, not because the work was too hard or
dangerous, but because it involved them wearing trousers and working
bare-breasted: it “
made girls
unsuitable for marriage and unfit to be mothers.”
Women proved themselves capable of any job, in times of war, when the men
were needed for cannon fodder, but they were pushed back to the kitchen as soon
as the surviving men wanted their jobs back.
The marriage bar on women in most professions, including the civil service,
lasted until the 1950s.
1970 Equal Pay Act: at least employers were
required to pay lip service to equal pay for equal work. Amazing how tiny
distinctions in job descriptions could get round it.
1975 Sex
Discrimination Act. You’d think it was simple, wouldn’t you? No more discrimination
in jobs, services, etc on grounds of gender. But…
2015: first women
members of the Royal and Ancient Golf club, first woman bishop…
Equality in employment requires
equality in eduction of course.
Women have struggled for it for
centuries, from Margaret Cavendish in the 17th century and Mary
Wollstonecraft in the 18th. Tudor royal
women were educated as well as their brothers, but it was downhill after that.
Young gentlemen learned Latin and how to run the Empire. Young ladies learned
deportment. When education began to be regarded as a good thing for the lower
orders, in the 19
th Century, the girls had their share, but t
he 11 Plus, in operation after World War
II was still deliberately skewed in order to prevent girls consistently
out-doing boys. At my Comprehensive school, in the late 1960s, no argument:
girls did housecraft and biology (fluffy bunnies and how to cook them) and boys
did metalwork and physics (how to get to the moon). There’s still a struggle to get girls to
study STEM subjects.
12th Century: Oxford university already up and running, for boys, followed by Cambridge
in 1209.
1869: a mere 660
years later – Girton, Cambridge, first college for women. The founding of a
women’s college in Oxford was condemned by theologian Henry Liddon as “an educational development that runs
counter to the wisdom and experience of all the centuries of Christendom.”
1948: Cambridge
finally awards degrees to women. 1948
1865 Elizabeth
Garrett became first woman qualified to practice medicine, courtesy of the
Society of Apothecaries, which promptly changed its rules, to stop other women
getting uppity ideas.
Of course, women had always been
concerned with medicine, and probably did less damage than the official male
doctors. But then if they did too much and were suspected of being a little too
wise, they always ran the risk of being condemned as witches.
1727: Janet Horne was
the last woman executed for witchcraft in Britain. Being Scottish, she was
burned. England hanged its witches.
Women’s function was not to be educated and employed, but obedient wives and
mothers.
. In the 1940s, The Queen Mother
explained why a proper education wasn’t necessary for her younger daughter Margaret:
“After all, I and my sisters only had governesses and we all married
well—one of us
very well.”
Their role was ordained, by law and by God. The Book of Common Prayer
recommended this reading for marriage services: “Wives, submit yourselves unto
your own husbands, as unto the Lord. For the husband is the head of the wife,
even as Christ is the head of the Church: and he is the Saviour of the body.
Therefore as the Church is subject unto Christ, so let the wives be to their
own husbands in every thing. And again he saith, Let the wife see that she
reverence her husband.”
1928; The bride’s vow to obey
became optional in the Prayer book.
Optional.
1837: civil registration removed
the church’s monopoly on marriage – but not on divorce, which was virtually
impossible for anyone not called King Henry.
1857 Matrimonial
Causes Act: men could divorce their wives for adultery. A woman could divorce
her husband if adultery were accompanied by cruelty, incest, bigamy or
desertion.
1937 Matrimonial
Causes Act: the situation was equalised.
Why would any woman possibly want
a divorce? Marriage was a state of bliss – at least, she’d better find it so,
or else. A man was allowed to lock up and beat his wife, without restraint.
1853 Aggravated
Assaults Act: a wife was granted the same legal protection from assault as a
poodle.
1895 The City of
London prohibited wife-beating at night, because it kept people awake.
1976 Domestic
Violence and Matrimonial Proceedings Act: wives could take out injunctions
against violent partners. We’re still struggling to convince the police to
treat domestic violence as a crime and not a private matter.
1351 Treason Act.
Husbands were never actually permitted to kill their wives. A husband who did
so would be guilty of murder, and might even be hanged. On the other hand, a
wife who killed her husband was guilty of petty treason against her rightful
lord. The penalty for treason for women was burning at the stake (hanging
drawing and quartering involved stripping and was therefore indecent for women.
Burning was okay).
1784. John Wesley was
busy saving the world. Jane Austen was 9. The Prince Regent was just about to
start building the Brighton Pavilion. And Mary Bailey was the last woman to be
burned at the stake for murdering her husband
1828 the crime of
petty treason was downgraded to murder.
Wives existed to have babies and had no legitimate business preventing
conception, even though they’ve been trying to for millennia. Moderately
reliable methods have only been available from the 1870s, and it wasn’t until
the 1920s that the likes of Mary Stopes ensured they were publicly advocated
(for married women). Real control only dates from the 1960s, with the pill and
the Abortion Act.
When a couple with children split up, it’s usually the mother who gets
custody, much to the resentment of many fathers. Their resentment is nothing to
that felt by women in earlier times. Children were the property of the father,
who not only gained automatic custody but could deny the mother any access.
1839 Custody of Infants Act:
a non-adulterous
wife could have custody of any children under 7, if the Lord Chancellor agreed she was of good character.
1873 Custody of
Infants Act: a good wife could have custody of children under 16.
1886 Guardianship of
Infants Act: a widowed mother was permitted to be sole guardian of her
children, without being monitored by a sensible man.
All these laws, concerned with the welfare of women. Passed mostly by men.
1832. Reform Act. Started the
redistribution of the franchise. Sounds good, except that it actually withdrew
the franchise from women who might previously have been permitted to vote on
property grounds.
1838 The great Charter. The
radical revolutionary chartists demanded votes for all men. Not women.
1869 Municipal Franchise Act:
women ratepayers could vote in local elections! BUT
1872 a court ruling limited it to
single and widowed women.
1918 Representation of the People
Act: all men over 21 could now vote, and, be still my beating heart, all staid
and matronly women over 30. But girl, did we have to fight for it, against not
merely ridicule, but torture. It certainly put paid to the notion of chivalrous
English gentlemen who treated women with respect. Force-feeding for jailed
suffragettes, not always through the obvious orifices, was a form of violence
not far removed from the way rape is used as a weapon of war.
1928 Representation of the People
(Equal Franchise) Act. We hadn’t all turned up at the ballot box, simpering,
giggling and asking for help to hold the pencil, so finally – equality.
1929 Margaret Bondfield first
woman Cabinet Minister.
1958 Life Peerages Act: women
were allowed to sit in the House of Lords. Phew.
1979 – oh, let’s pass over that
one.
2015 – Harriet Harman’s Pink Bus.
Hang on. Are we going backwards here?
So here we are. Still woefully under-represented in Parliament/government,
which remains a public-school boy’s club, but we’re getting there. We’ve broken
into all the professions, if only by our finger tips. If we’re brave enough, or
well-enough funded, we can take employers to court when they treat us unfairly
as women, as entire city councils have discovered. We can marry who we like,
even if we make a complete pig’s ear of it and make ridiculous choices for all
the wrong reasons. Or we can choose sex without marriage, or complete and utter
independence, and we will not be hauled before the village elders and flogged
or stoned.
We can dress how we want, let the world see our faces and our hair. We can
believe and think what we want, and voice our thoughts, loudly, without
permission. We are not usually gang-raped if we’re suspected of being lesbian. We
don’t have to live in shuttered quarters and avoid the sight of the opposite
sex. We can walk and drive, unaccompanied. Our small daughters are not
subjected to genital mutilation or sold off in marriage to dirty old men. We
are free to use contraception, to have many babies, or just one, or none at
all. If we conceive outside marriage, we are not sent to Magdalen laundries, to
have our babies stolen from us by nuns from Hell. We are not shot in the head
if we dare to demand education.
We’re lucky. We don’t live in that nasty, patriarchal, misogynist, Mediaeval
world out there, full of fear and hatred of women. But it wasn’t so long ago
that we did, so smugness really isn’t called for. We have what we have because
we’ve struggled for it, and sisters, we need to be sober, be vigilant, because
our adversary,
as a roaring lion, walketh about, seeking to
drag us back into the dark.