Jump to ContentJump to Main Navigation
A History of Scottish Child Protection Law$
Users without a subscription are not able to see the full content.

Kenneth McK. Norrie

Print publication date: 2020

Print ISBN-13: 9781474444170

Published to Edinburgh Scholarship Online: May 2021

DOI: 10.3366/edinburgh/9781474444170.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 18 September 2021

Child Protection through the Criminal Law

Child Protection through the Criminal Law

Chapter:
(p.85) 3. Child Protection through the Criminal Law
Source:
A History of Scottish Child Protection Law
Author(s):

Kenneth McK. Norrie

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474444170.003.0004

The earliest criminal law dealing with children differently from the adult population was that concerned with sexual offences. This chapter explores the changing policies of the law, from the late 19th century fear of girls being exposed to immorality and boys being exposed to homosexuality, through the more protective 20th century legislation which nevertheless hung on to old ideas of immorality and criminality, until the Sexual Offences (Scotland) Act 2009 focused almost (but not quite) exclusively on protection from harm and from exploitation. The chapter then turns to the crime of child cruelty or neglect from its earliest manifestation in the common law to its statutory formulation in Prevention of Cruelty to, and Protection of, Children Act 1889, which, re-enacted in 1937, took on a form that, for all intents and purposes, remains to this day. The last part of the chapter explores the legal basis for the power of corporal punishment – the defence previously available to parents, teachers and some others to a charge of assault of a child, known as “reasonable” chastisement. Its gradual abolition from the 1980s to 2019 is described.

Keywords:   Sexual offences, Exploitative sexual offences, Child cruelty, Child neglect, Reasonable chastisement, Corporal punishment

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.