No inference can be drawn from any comparisons between sexua

1954

NEW ZEALAND

REPORT OF THE SPECIAL COMMITTEE

ON

MORAL DELINQUENCY

IN

CHILDREN AND ADOLESCENTS

_Laid upon the Table of the House of Representatives by Leave_

BY AUTHORITY: R.E. OWEN, GOVERNMENT PRINTER, WELLINGTON.--1954

20 September 1954.

The Right Honourable the Prime Minister,

Wellington.

Sir,

Having taking into consideration the matters referred to us on 23 July

1954, we submit herewith the report and recommendations upon which we

are all agreed.

Accompanying the report, for purposes of record, are four volumes

containing the evidence of the witnesses who appeared before us and a

large file of the submissions which were made in writing.

We have the honour to be, Sir,

Your Obedient Servants,

O.C. MAZENGARB, Chairman.

R.A. BLOODWORTH }

J. LEGGAT }

G.L. MCLEOD } Members.

Lucy V. O'BRIEN }

J.S. SOMERVILLE }

F.N. STACE }

_The Special Committee on Moral Delinquency in Children and

Adolescents_

CHAIRMAN

Dr OSWALD CHETTLE MAZENGARB, Q.C.

MEMBERS

Mrs RHODA ALICE BLOODWORTH, J.P. (_Children's Court_).

Mr JAMES LEGGAT, E.D., M.A., _Headmaster, Christchurch Boys' High

School_.

Dr GORDON LOGIE MCLEOD, LL.B. (N.Z.), M.B.Ch.B. (N.Z.), D.P.H. (Eng.),

_Director, Division of Child Hygiene, Department of Health_.

Mrs LUCY VERONICA O'BRIEN, _Vice-President of Women's Auxiliary of

Inter-Church Council on Public Affairs: Arch-Diocesan President,

Catholic Women's League_.

Rev. JOHN SPENSER SOMERVILLE, M.C., M.A., _Chairman of the Inter-Church

Council on Public Affairs_.

Mr FRANCIS NIGEL STACE, B.E.(Elec.-Mech.), B.E.(Mech), _President, N.Z.

Junior Chamber of Commerce_.

SECRETARY

LEN JOSEPH GREENBERG, O.B.E., J.P.

_Contents_ _Page_

I. Preliminary Observations--

(1) Sensational Press Reports 7

(2) Press Reports from Overseas 8

(3) A World-wide Problem 9

II. Order of Reference and Procedure followed 10

III. Narrative--

(1) The Hutt Valley Cases 11

(2) Cases in Other Districts 13

IV. Has Juvenile Immorality Increased?--

(1) Difficulties of Comparison in Absence of Statistics 13

(2) Unreliability of Available Statistics for Comparative 14

Purposes

V. A Change of Pattern in Sexual Misbehaviour--

(1) Younger Groups Now Affected 18

(2) Precocity of Girls 18

(3) Organization of Immorality 19

(4) Recidivism 19

(5) Changed Mental Attitudes of Girls and Boys 19

(6) Homosexuality 20

VI. Searching for the Cause 20

VII. Some Visual and Auditory Influences--

(1) Objectionable Publications 21

(2) Films 23

(3) Broadcasting 25

(4) Press Advertising 26

(5) Television 26

VIII. The School--

(1) Teacher and the Child 27

(2) Co-education 28

(3) School Leaving Age 29

(4) Relations with the Child Welfare Division 30

(5) Sex Instruction in School 30

(6) "New Education" 31

IX. Community Influences--

(1) Housing Development 31

(2) Recreation and Entertainment 35

(3) Liquor and Gambling 36

X. The Home Environment--

(1) Feelings of Insecurity: The Unloved Child 37

(2) Absent Mothers and Fathers 39

(3) High Wages 40

XI. Information on Sex Matters--

(1) When Should This Information be Given? 41

(2) Who Should Give This Information? 42

(3) The Source of Information 42

XII. The Influence of Religion on Morality--

(1) The Need for a Religious Faith 43

(2) The Need for Religious Instruction 44

(3) The Need for Family Religion 44

XIII. The Family, Religion, and Morality--

(1) The Importance of the Family 44

(2) The Place of the Family in the Legal System 45

(3) The Sanctions of Religion and Morality in Family Life 46

(4) The Moral Drift 46

XIV. Changing Times and Concepts--

(1) Contraceptives 47

(2) The Broadening of the Divorce Laws 48

(3) Pre-marital Relations 48

(4) "Self Expression" in Children 49

(5) Materialistic Concepts in Society 49

XV. The Law and Morality--

(1) History of the Law Regarding Morality 50

(2) Protection of Women and Girls from Defilement 51

(3) Consent as a Defence 51

(4) Weaknesses in the Law 52

(5) Proposed Reforms 54

XVI. Child Welfare in New Zealand--

(1) History of Legislation 54

(2) The Children's Court 55

(3) Corporal Punishment Abolished 57

(4) Defects in the Act and its Application 57

(5) Changes Proposed 60

XVII. Summary of Conclusions 63

XVIII. Recommendations--

(1) Proposals for Legislation 66

(2) Proposals for Administrative Action 67

(3) Parental Example 68

XIX. Appreciation 68

Appendix A: Table of Sexual Offences for Which

Proceedings Were Taken in New Zealand 69

Appendix B: List of Witnesses, Submissions, and

Order of Appearance 70

_I. Preliminary Observations_

=(1) Sensational Press Reports=

In the second week of July 1954 various newspapers throughout the

Dominion featured reports of proceedings in the Magistrate's Court at

Lower Hutt against youths charged with indecent assault upon, or carnal

knowledge of, girls under 16 years of age.

The prosecuting officer was reported as saying that:

The police investigations revealed a shocking degree of immoral

conduct which spread into sexual orgies perpetrated in several

private homes during the absence of parents, and in several

second rate Hutt Valley theatres, where familiarity between

youths and girls was rife and commonplace.

He also stated that:

... in many cases the children came from excellent homes.

A few weeks previously reports had appeared in the press of statements

made by a Child Welfare Officer and a Stipendiary Magistrate that

juvenile delinquency (meaning delinquency in general and not only sexual

delinquency) had more than doubled in recent years, and that in many

cases the offenders came from:

... materially good homes where they are well provided for.

Such statements naturally provoked a good deal of private and public

comment throughout the Dominion. The anxiety of parents deepened, and

one leading newspaper asserted editorially that:

It is probably quite safe to assert that nothing that has

occurred in the Dominion for a long time has caused so much

public dismay and so much private worry as the disclosure of

moral delinquency among children and adolescents.

There is room for difference of opinion as to whether or not the ensuing

public discussion of sexual offending was desirable. On the one hand it

provoked many conversations on the subject between children themselves

and a noticeable desire to purchase newspapers on the way to and from

school. On the other hand the focusing of attention on the existence of

the peril to school children caused many parents, temporarily at any

rate, to take a greater interest in the training and care of their

children than they might otherwise have taken; it caused some heads of

schools to arrange for sex instruction; and it also resulted in a public

demand that something should be done to bring about a better state of

morality in the community.

Following hard upon the newspaper reports of these cases in the Hutt

Valley there was the news that two girls, each aged about 16 years had

been arrested in Christchurch on a charge of murdering the mother of

one of them. It soon became widely known (and this fact was established

at their subsequent trial) that these girls were abnormally homosexual

in behaviour.

There were also published in the press extracts from the annual report

of the Justice Department to the effect that sexual crime in New Zealand

was, per head of population, half as much again as the sexual crime in

England and Wales. The reasons why the Committee does not accept this

statement at its face value are stated later under Section IV (2).

=(2) Press Reports from Overseas=

In view of the fact that the happenings in the Hutt Valley were reported

in all New Zealand newspapers, and by many newspapers in Australia and

Great Britain, the Committee points out that the increase of sexual

delinquency is not confined to any one district or any one country.

It cannot be too strongly asserted that the great majority of the young

people of the Hutt Valley are as healthy-minded and as well behaved as

those in other districts, whether in New Zealand or elsewhere. It just

happened that, through the voluntary confession of one girl in Petone,

many cases were immediately brought to the knowledge of the police.

In the absence of comparable statistics from other countries, the

Committee can merely quote from some of the reports received in New

Zealand at about the same time that the Hutt Valley cases were reported.

(_a_) _England_

In Monmouthshire last year there was an increase of 88 per cent

in sexual offences. The biggest increases recorded were for

indecent assault on females--132 in 1953, compared with 75 in

1952--and for offences against girls under 16 years of age. In

his annual report the Chief Constable states that this shocking

record is a further indication of the general lowering of moral

standards ...--_The "Police Review" (London), 19 February 1954._

(_b_) _New South Wales_

POLICE UNCOVER WILD TEENAGE SEX ORGIES

Detectives have uncovered evidence of an amazing sex cult in

which a bodgie "high priest" and a number of pretty teenagers

indulged in wild orgies in a Sydney suburb.

It is alleged that the "high priest" made the girls participate

in lewd rituals, swear a profane oath on "the bodgies' bible"

and worship at a "bodgies' altar".

Following these sensational allegations, four men were

arrested. Police expect to arrest another seven. Disappearance

of the 15-year-old daughter of a respected Erskineville family

started the police investigation which uncovered the sex cult.

Both the girl and the "high priest" undressed, and, as she lay

on a bed, he compelled her to engage in grossly obscene acts

with him.

Then, while the "high priest" performed a gross act of

indecency, the girl swore the "widgies' oath" on the "bodgies'

bible".--_Sydney "Truth" 27 June 1954._

(_c_) _South Australia_

ADELAIDE POLICE SEIZE TEENAGERS IN SWIFT RAIDS

In a series of lightning raids Port Adelaide police have

arrested six teenagers who they claim are members of a sex cult.

Vice Squad detectives say the cult indulged in sex and drug

parties. The Port Adelaide Police Chief Inspector, G.E.

Mensfort, said that when the cases came to Court he suspected

revelations similar to those in the Hutt Valley, which recently

shocked New Zealand. A number of teenage youths have already

appeared in Port Adelaide Police and Juvenile Courts on carnal

knowledge charges ...--_Telegram in the "Dominion", 30 July

1954._

(_d_) _London_

MANY GIRLS IN BAD COMPANY

One black spot in an otherwise more optimistic report by the

Police Commissioner on crime in London is a disturbing increase

in the number of 17-and 18-year-old girls who are coming under

the notice of policewomen on their beat, says the _Daily

Mirror_.--_N.Z.P.A. to "Evening Post", 2 September 1954_.

=(3) A World-wide Problem=

There have been waves of sexual crime in various countries at various

times.

Juvenile delinquency itself has been the subject of much research

(especially in the United States) during the past fifty years. But

although such offences as indecent exposure and sexual assault by

juniors have been included in published figures, no special mention has

been found by this Committee of the aspect of sexual delinquency now

being discussed in New Zealand. What is entirely new in New Zealand (and

probably in other places, too) is the attitude of mind of some young

people to sexual indulgence with one another, their planning and

organization of it, and their assumption that when they consent together

they are not doing anything wrong.

Clergymen and publicists in various parts of the world have been

declaiming about illicit sexual practices and their effects on young

people, but this is the first time that any Government has set up a

Committee to sift the available data on sexual misbehaviour with a view

to finding the cause and suggesting a remedy.

While this report was being typed there appeared in the local

newspapers the following telegram despatched from London on September

14:

INQUIRY INTO VICE WAVE IN BRITAIN

A Government committee, including three women, is to open

tomorrow a searching probe into Britain's homosexuals and

prostitutes, to decide whether the country's vice laws should be

changed.

The Government's decision to set up the committee followed

public alarm at the vice wave in Britain, highlighted by a steep

increase in homosexual offences.

The Home Secretary, Sir David Maxwell Fyfe, has charged the

committee with considering the law and practice relating to

homosexual offences and the treatment of persons convicted of

such offences, and offences against the criminal law in

connection with prostitution and solicitation for immoral

purposes. According to the police, prostitutes in London alone

have soared to a record of more than 10,000. Convictions for

sexual offences exceed 5,000 a year, compared with the immediate

pre-war total of 2,300. The figures for male homosexual offences

have bounded even more sharply.

The extent of juvenile immorality in New Zealand may have been greatly

magnified abroad. If the good name of this Dominion has been sullied by

these reports, the Committee hopes that any damage may be repaired by

setting out the facts in their true perspective and by demonstrating

that we can, and will, do something in the interests of morality which

may also give a lead to other countries.

_II. Order of Reference and Procedure Followed_

On 23 July 1954 a Special Committee was appointed by the Government with

the following Order of Reference:

_To inquire into and to report upon conditions and influences that

tend to undermine standards of sexual morality of children and

adolescents in New Zealand, and the extent to which such

conditions and influences are operative, and to make

recommendations to the Government for positive action by both

public and private agencies, or otherwise._

The Committee held its first meeting on Tuesday, 27 July, to determine

points of procedure and to make arrangements to hear all who desired to

make submissions. There were placed before the Committee files of

letters which had been written to Ministers of the Crown, and hundreds

of newspaper clippings, relating to this topic. Some days were occupied

in the sorting and reading of this material in anticipation of the task

which lay ahead.

The Committee commenced the hearing of evidence at Wellington on

Tuesday, 3 August. It sat in Christchurch for the convenience of people

in the South Island on 31 August and 1 September, and in Auckland from 6

September to 10 September.

Altogether 145 persons (18 on more than one occasion), appearing either

in a representative capacity or as private individuals, were heard. In

addition, 203 written submissions were made by interested organizations

and private persons, and a large volume of relevant correspondence,

addressed direct to the Committee, was considered. A list of the persons

who appeared before the Committee and of the organizations or societies

which made either written or oral representations is attached.

It should here be observed that the Committee, not having the powers of

a Commission of Inquiry, could not summon witnesses before it. All

officers of the Crown, and all public agencies from whom information was

sought, were helpful. Much of the evidence, however, was secondary or

hearsay evidence. The Committee had not the power to trace some of the

stated facts back to their source.

It was thought undesirable to interview any of the children involved in

recent happenings. Reliance had to be placed on information regarding

each individual made available by the police and Child Welfare Officers,

and, in some cases, by the heads of their respective schools. Similarly,

there was much secondary evidence of indecent behaviour and of other

facts said to have been derived from reliable sources. The absence of

direct evidence on some of these matters, however, did not prevent the

Committee from looking at the problem in its broad general aspects, and

from reaching conclusions which could not be affected by a closer

scrutiny of some of the individual matters narrated to the Committee.

_III. Narrative_

=(1) The Hutt Valley Cases=

Before proceeding to examine the extent of sexual laxity among children

and adolescents it is convenient to narrate the factual happenings which

caused this problem to assume such large proportions in the public mind

in July and August last.

On the 20th day of June 1954 information was sought from the police

concerning the whereabouts of a girl 15-1/2 years of age who was missing

from her home at Petone. A few hours later this girl called at the

Petone Police Station. She stated that, being unhappy at home with her

stepfather, she had, since the previous Christmas, been a member of what

she called a "Milk Bar Gang" which (in her own words) met "mostly for

sex purposes"; she had "become tired of the sex life", was worried about

the future of its younger members, and desired the police to break up

the gang. She gave the names of other members of the gang to the police.

By interviewing persons named by this girl, and then interviewing others

whom they in turn named, the police were able, without difficulty, to

obtain admissions and evidence of sexual misconduct by 65 children.

The procedure followed was for the parents to be visited at their

residences by a constable in plain clothes, told the nature of the

inquiry, and informed of the desire of the police to interview the

children at the police station. When a parent and child attended at the

time appointed the parent was informed that, either through a sense of

shame or fear of the parent, the child might not make a full disclosure

of the facts known to her. Some parents consented to their children

being interviewed alone; others desired, and were allowed, to remain for

the questioning. After each interview the parents were permitted to read

the statements of their children and to sign them before the children

themselves were asked to sign.

The disclosures thus made, immediately recalled certain similar

occurrences in the same district during October/November 1952. It

speedily became apparent that the 1954 situation was much more serious

in that there were approximately three times as many children dealt with

and that three of the children had been involved in the earlier trouble.

For purposes of comparison the Hutt Valley cases are set out as follows:

Girls involved 6 17

Girls pregnant 2 ...

Boys involved 11 37

Boys over eighteen ... 5

Charges laid 61 107

Committed to care of State 3 girls 5 girls

1 boy

Placed under supervision 3 girls 4 girls

7 boys 7 boys

Admitted to probation 1 boy 6 boys

Admonished and discharged or otherwise

dealt with 3 30

Dismissed in Children's Court ... 3

Acquitted in Magistrate's Court ... 1

Acquitted in Supreme Court ... 3

(One boy appeared in both Supreme Court and Magistrate's Court; thus

showing 60 persons dealt with.)

=(2) Cases in Other Districts=

It cannot be supposed that sexual misbehaviour was confined to the Hutt

district. Similar environmental conditions obtain in other districts. It

was reliably stated in evidence at Wellington that if a girl elsewhere

were to carry her story to the police similar revelations would be made

there.

In Auckland matters came to the knowledge of the Committee which do

cause grave concern. Here again the Committee was not engaged on a

fact-finding mission, but was seeking to evaluate the evidence in a

broad way.

It appears that, a few weeks before the Hutt cases were reported, the

headmaster of an intermediate school informed the police of a case of

theft of money by a schoolboy who was found to have £22 in his wallet.

In the course of their inquiries into this the police were started on a

train of investigation into sexual practices of children on their way

home from school, at the homes of parents, and elsewhere. As a result,

about 40 boys and girls in the 12--15-year-old group (but including also

a girl of 9 years) were implicated. In addition to this, there were two

cases before the Court in which several girls had given evidence of

their agreement to sexual intercourse with older men. One of the accused

men has recently been sentenced to a term of imprisonment, while the

other is still awaiting trial. As this latter case, and also a charge of

murder against a boy aged 14, are still _sub judice_, the Committee is

unable to comment on any of the factors involved.

This much may, however, be said that, from the police, welfare officers,

a headmaster, and social workers in Auckland, the Committee learned of

an accumulation of sordid happenings occurring within a short space of

time which people who regard themselves as men of the world could

scarcely believe possible in this Dominion.

No submissions were presented to the Committee that sexual offending by

juveniles in the South Island had increased to any alarming extent. Such

cases as were mentioned to the Committee followed previously recognized

patterns.

_IV. Has Juvenile Immorality Increased?_

=(1) Difficulties of Comparison in Absence of Statistics=

In seeking to ascertain whether immorality among children and

adolescents has increased or is increasing it should be pointed out that

there are not any statistics available either in New Zealand or

elsewhere from which reliable guidance may be obtained. Sexual

immorality is, by its very nature, a clandestine vice. Any available

figures can comprise only such things as detected offences against the

law, or registration of ex-nuptial births, or births which have

resulted from pre-marital intercourse. Figures are not available

concerning immoral acts which do not become the subject of a criminal

charge.

Charges of unlawful carnal knowledge or indecent assault arise, for the

most part, from complaints made by females. From feelings of chivalry or

other reasons it is not in the nature of the male to inform on the

female. The common experience is that a charge of sexual impropriety

comes from information supplied by the female. So long as a girl is

prepared to be silent, the offenders remain unknown. As with older

people, so also with children.

Whether sexual laxity has been increasing must be a matter largely of

impression based, perhaps, upon inference from certain known facts. On

this matter there is room for a wide divergence of opinion. If

policemen, teachers, or social workers in the Hutt district had been

asked in June of 1954 whether immorality had increased there, they would

probably have replied that the wave of 1952 had receded and matters were

back to normal. Yet a month later that district had achieved an

unenviable, and even unfair, reputation in this respect.

Sad to relate, the cases in respect of which the police took action in

the Hutt do not represent the full extent of known sexual immorality

among juveniles there. This is shown by the following pieces of

evidence:

(_a_) The office bearers of one Church gave to the Committee

particulars of several recent cases which had come to their notice

in the ordinary course of their social welfare work (two of them

girls who had become pregnant before their sixteenth birthdays).

These were cases which had not been investigated by the police. It

was also the conclusion of these Church officers that the cases

which had been revealed to them were far outnumbered by those

which were not so revealed.

(_b_) It was quite obvious to the police officials who made the

investigations in July that no useful purpose would be served by

extending their inquiries further.

=(2) Unreliability of Available Statistics for Comparative Purposes=

The previous section was written to show the difficulty of obtaining a

comparison between vice at one period and that at another. This section

is to indicate the difficulties which arise in making comparisons (even

when figures are available) between different sections of the people at

different times and between different groups of people.

_(a) Sexual Crime Among Adults_

No inference can be drawn from any comparisons between sexual crime of

adults and sexual misbehaviour among children. The Committee did,

however, examine the statistics of sexual crime in New Zealand to see

if there was any marked increase which might throw light upon the

conduct of children. From the annual reports which had been submitted by

succeeding Commissioners of Police it collated the figures of sexual

crime. The table as prepared is set out in Appendix A to this report. A

perusal of that table will show that the increase of sexual crime in the

years 1920-1953 is not any greater than might reasonably have been

expected having regard to the increase in population. In other words,

the rate has remained constant. But the great increase in the number of

indecent assaults on females (from 175 in 1952 to 311 in 1953) did call

for special investigation. At the request of the Committee, these

figures were broken down into the several districts in which the crimes

had occurred and, as a result, it appeared that there had been an

astonishingly big increase in the Auckland district. The Committee has

had two separate explanations of this. In the first place, it was

explained that the apparent increase was due to a change in the method

of compiling the returns in Auckland. On reference to Auckland officials

the Committee was informed that the method of compilation had not been

changed. Whether or not this type of crime increased substantially

throughout the Dominion in one year must, for the present, remain

undetermined.

_(b) Statistics of Juvenile Delinquency_

The figures compiled for the Committee by the Superintendent of the

Child Welfare Division show that:

(i) There was a substantial increase in juvenile delinquency

during the Second World War.

(ii) After the war was over, the rate settled down to something

like the pre-war rate.

The following is a fair selection of these figures (alternate years

being taken):

_Number of Offences and Rate per 10,000 of

Complaints of Children Juvenile Population

Year Out of Control, etc. 7-17 years 10-17 years_

1934 1,653 53 73

1936 1,786 57 79

1938 2,447 77 105

1940 2,464 79 107

1942 2,421 79 107

1944 2,493 84 113

1946 1,786 60 83

1948 1,589 51 74

1950 1,464 46 66

1952 1,883 56 78

1954 2,105 56 81

In making comparisons it should be noted (as explained later) that

during recent years the Department has undertaken much preventive work

which may account for a return to the pre-war rate in spite of the

existence of other factors leading to an increase in delinquency.

_(c) Juvenile Delinquency in Maoris and Non-Maoris_

Another illustration of the care required in the use of statistics is

afforded by a comparison as between Maori and non-Maori offenders in the

10-17-year-old group. (For the purpose of these figures "Maori" means of

the half-blood or more).

For the year ended 31 March 1954 there were 565 Maori delinquents, or 28

per cent of the total number of juvenile delinquents. During this same

period there were 1,433 non-Maori offenders, or 72 per cent of those

delinquents. But the Maori offenders came from 10 per cent of the

juvenile population, whereas the non-Maoris came from 90 per cent of

that population. On that basis juvenile delinquency among Maoris was

three and a half times that among the rest of the child inhabitants of

New Zealand.

The Committee has been unable to arrange for a dissection of the figures

to ascertain whether there was a bigger percentage of sexual offenders

among young Maoris than among other sections of the people. A

considerable portion of offences may come from factors inherent in the

culture and traditions of the Maori and their difficulty in conforming

to another mode of living.

_(d) Children Under Control or Supervision_

It is interesting to find that after the war there was a steady decline

in the number of children committed to the care of the State, or placed

under supervision, until the year 1953. This is shown by the following

table:

_Year Ended_ | _Under Control or_

_31 March_ | _Supervision_

|

1934 | 7,259

1936 | 7,272

1938 | 7,403

1940 | 8,043

1942 | 8,221

1944 | 8,531

1946 | 8,048

1948 | 7,267

1950 | 6,525

1952 | 6,088

1953 | 6,177

1954 | 6,283

There would have to be reservations in any inferences drawn from these

figures. For instance, the decrease may have been due to extra

preventive work done by welfare officers. The earlier reduction or the

later increase in the number of children placed under care or

supervision may have been affected by the varying recommendations of

Child Welfare Officers or the decisions of Magistrates. Finally, is the

slight increase from 1952 to 1954 something to cause concern?

_(e) Comparison Between New Zealand and England_

Almost coincidentally with the publication abroad of reports of

immorality in the Hutt district and of juvenile murders in New Zealand,

an extract from a brochure of the Justice Department was published. This

extract was to the effect that, in relation to population, there were

one and a half times as many adults convicted of sexual offences in this

Dominion as there were in England and Wales. That statement results from

a comparison of the figures in the two jurisdictions, but it may create

a wrong impression unless it is remembered that in England only 47 per

cent of the indictable offences reported to the police are "cleared up",

whereas in New Zealand 64 per cent of indictable offences are "cleared

up". A comparison which takes this and all other relevant factors into

account could probably place this Dominion in a much more favourable

light.

Whatever inferences may be drawn from the statistics presented in this

report--whether juvenile immorality has increased or not--any nation is

wise that, from time to lime, surveys its moral health.

_V. A Change of Pattern In Sexual Misbehaviour_

When this inquiry was mooted all members of the Committee heard the

oft-repeated comment that sexual delinquency was not new--it had been

going on through the ages and always would go on. Many people also said

"You cannot make people moral by Act of Parliament".

Although there is some truth in each of these statements the Committee

does not feel that the matter should be dismissed in that way. First,

such an attitude is not a desirable one to adopt when seeking a remedy

for a social evil. Secondly, the continued existence of a vice, however

far back it may be traced, is not a reason why special measures should

not be used to deal with it when it assumes considerable proportions.

Intemperance and dishonesty have always been apparent. But there have

been times when these vices have reared their heads in new ways and in

new circumstances which have compelled action by the Legislature. The

consumption of alcohol by persons in charge of motor vehicles is but one

illustration of the way in which an old vice may become such a great

evil in altered circumstances that stern measures have to be taken.

Stealing was reprehended in the Ten Commandments, and so was

covetousness. Theft was always punishable at common law; but, soon after

company promotion became a feature of our commercial life in the latter

part of the nineteenth century, firm action had to be taken by the

Legislature to protect the public from the effects of a misleading or

fraudulent prospectus.

Similarly, in this matter of improper sex behaviour among children, it

is not merely its extent, but certain features in its new pattern, which

command attention. These features are:

=(1) Younger Groups now Affected=

Immorality appears to be more prevalent now among younger groups in the

community. In the Hutt, and also in Auckland, most of the cases were of

boys and girls whose ages ranged from twelve to fifteen years; but some

of the young girls also associated with boys several years older than

themselves.

=(2) Precocity of Girls=

In former times it was the custom for boys to take the initiative in

seeking the company of girls; it was conventional for the girls to await

any advances. Nowadays, girls do not always wait for an advance to be

made to them, nor are they as reticent as they used to be in discussing

intimate matters with the opposite sex. It is unfortunate that in many

cases girls, by immodest conduct, have become the leaders in sexual

misbehaviour and have in many cases corrupted the boys. At one school

there were 17 children involved--10 of them were girls of an average age

of 13.2 years and 7 boys of an average age of 15 years. Another

disturbing feature is that in the case of boys more than half were

committing their first offence, whereas only one-fifth of the girls were

offending for the first time. The Committee has not overlooked the fact

that the offending girls may themselves have been corrupted by a male in

the first place. But the fact remains that four-fifths of the girls

involved in the particular cases that prompted this inquiry had an

admitted history of prior sexual misconduct.

The following extract from the evidence of a headmaster is impressive of

this new feature:

... We have not the same worry about boys as we have about

girls. The worst cases we have are girls, and it is quite clear

some of them are an absolute menace. They have dragged boys into

this sort of thing. In general the girls are far worse than the

boys.

=(3) Organization of Immorality=

These immoral practices have been _organized_ in a way that was not

evident before. For example, a boy of 17-1/2 years, trusted by his

parents with the charge of their home, abused the trust by arranging

sexual parties on three successive weekends for groups of several girls

and boys. There was also the case of a girl of 14 years who invited a

girl of the same age to her home during the absence of her parents for

the express purpose of having intercourse[1] with her brother aged 15.

This improper use of a parent's home has also occurred in other

districts.

=(4) Recidivism=

The second outbreak of Hutt Valley cases revealed that two boys, one

girl, and one family had become involved in misbehaviour within eighteen

months of their previous offences. In another district three-quarters of

the boys concerned had previously been before the Court as delinquents,

though not all for sexual offences.

=(5) Changed Mental Attitude of Girls and Boys=

Perhaps the most startling feature is the changed mental attitude of

many young people towards this evil. Some offend because they crave

popularity or want to do what their friends are doing. Some assert a

right to do what is regarded by religion, law, and convention as

wrongful. It was reported that some of the girls were either unconcerned

or unashamed, and even proud, of what they had done. Some of the boys

were insolent when questioned and maintained this attitude. The

Committee has not overlooked the fact that in some cases this attitude

may have been due to a defensive reaction.

The recent disclosures caused one headmistress of a city college to

arrange for sex instruction to be given by a lady doctor to various

forms. The girls were invited to submit written questions for the doctor

to answer. Having read the questions, the doctor commented that she must

have prepared the wrong lecture--it should have been for an older group.

A transcript of the questions was produced to the Committee. They were

inquiries which one would assume might be made by young women who had

married or were about to marry. Whether these young girls were sincere

in their questioning of the doctor, whether they wanted to exhibit

advanced knowledge, or whether they were endeavouring to create a

sensation, the fact remains that they had in mind aspects of sex which

were well in advance of their years.

This change in the mental attitude of offending children was further

exemplified by evidence that, in one series of cases in Auckland,

records were kept, and there was some competition between girls

concerning the number of immoral acts in which they were involved. The

Committee were shocked to hear from the police that one girl claimed a

total of 148 instances in her favour.

=(6) Homosexuality=

The Committee has read reports from Great Britain of an increase in

homosexual practices there. Recent New Zealand happenings might be taken

to indicate a similar increase in this country. The Committee has made

no investigation of these matters, but considers it wise to remind

parents that sexual misbehaviour can occur between members of the same

sex.

The conclusion of the Committee is that the above pattern of immorality

is of a kind which was not previously manifest in New Zealand. It cannot

be dealt with on the footing that it has always been with us. The

attitude of mind shown by those who have planned and organized sexual

parties, and sometimes caught others within their net, is something

which demands serious consideration. The subject cannot be dismissed in

the light, airy way of those people who, without any adequate knowledge

of the facts, have been saying that there is nothing new about the

sexual misbehaviour of young people and that nothing can be done to

improve matters. The situation is a serious one, and something must be

done.

_VI. Searching for the Cause_

Many have been the views expressed as to the reasons for this immorality

and the suggested remedies. After considering the evidence, after

reading much literature on the subject, and weighing up all the

suggested factors, the view of the Committee is that the matter is not

capable of simplification by regarding any, or even all, the causes

suggested and discussed below as being the main cause. In seeking to

remedy the evil it must steadily be borne in mind that we have not only

to deal with the immediately apparent causes. Letters to the press,

letters to this Committee, and many of the submissions made reveal a

failure to dig below the surface or to look beyond the factors which

came immediately to the mind of the writers or those which, from

personal experience, appeared to them to be the decisive or motivating

factors.

The way in which the Committee approached a consideration of this

problem was to distinguish between those causes which appeared to be the

precipitating causes and those which it regarded as predisposing causes.

The precipitating causes are those which are closely related in time or

circumstance to the actual misbehaviour. The predisposing causes are

those which create an emotional maladjustment in a person and thus

induce a susceptibility to the precipitating cause. For instance, a

semi-nude figure or a song with a double meaning will not incite a

properly instructed adolescent to sexual misconduct. But if by parental

neglect or failure to control a young person is predisposed to

anti-social conduct, there is danger in any form of suggestiveness.

The Committee has carefully considered many suggested causes (whether

precipitating or predisposing) and now sets out its views on those which

merit special mention.

If, as the Committee believes, immoral behaviour should be regarded as a

phase or facet of juvenile delinquency, the same influences which tend

to incite other anti-social behaviour are in operation here.

Much has been written in textbooks, in journals, and in various

scattered articles about the causes of juvenile delinquency. What

applies in other communities, and in other aspects of juvenile

delinquency, must apply with much the same force in this Dominion as

elsewhere, and to the sexual deviant as to all other juvenile

delinquents. In searching for the real or substantive cause it must be

borne in mind that juvenile delinquency, of the type now being

considered, is a new feature of modern life and a facet of juvenile

delinquency which does not appear to have engaged the attention of

research workers.

The state of affairs which has come about was uncertain in origin,

insidious in growth, and has developed over a wide field. In searching

for the cause, and in suggesting the remedies which may be applied, the

Committee must not be thought to be laying the blame on any one section

of the community more than another.

_VII. Some Visual and Auditory Influences_

=(1) Objectionable Publications=

There has been a great wave of public indignation against some

paper-backed or "pulp" printed matter. Crime stories, tales of "intimate

exciting romance", and so-called "comics" have all been blamed for

exciting erotic feelings in children. The suggestiveness in the cover

pictures of glamour girls dressed in a thin veiling often attracts more

attention than the pages inside.

Immorality would probably not result from the distribution of these

publications, unless there were in the child, awaiting expression, an

unhealthy degree of sexual emotionalism. Some of these publications are,

possibly, more harmful to girls than to boys in that girls more readily

identify themselves with the chief characters. One striking piece of

information which was conveyed to the Committee was that the girls under

detention in a certain institution (the greater number of them had had a

good deal of sexual experience) decided that various publications were

more harmful than films because the images conveyed by the printed

matter were personal to them and more lasting.

The Committee has been deluged with periodicals, paper-backed books, and

"comics" considered by their respective senders to be so harmful to

children and adolescents that their sale should not be permitted. But,

while all the publications sent are objectionable in varying degrees,

they cannot be rejected under the law as it at present stands because

that law relates only to things which are indecent or obscene.

An Inter-departmental Committee set up in 1952 to report on worthless

and indecent literature similarly found that, while publications

intended for adults are controlled by the Indecent Publications Act

(which in the opinion of that Committee, was adequate providing the

public initiated action under it), comics and other publications outside

the scope of that Act might be objectionable for children.

When considering comics it is essential to appreciate the difference

between the traditional comic, intended exclusively for children, and

the more modern style which is basically designed for low-mentality

adults. Both styles and variations of them circulate widely in New

Zealand among children and adolescents. In general, however, younger

children buy, and even prefer, the genuine comic which is not harmful

and may even be helpful. Adolescents, and adults also, are attracted by

comic books that have been denounced by various authorities as

anti-educational, and even pernicious, in moral outlook.

The Inter-departmental Committee recommended that all comics be

registered and that it be made an offence to deal in unregistered

comics. There are strong doubts whether the adoption of those proposals

would provide a satisfactory solution. Once registration were obtained

(which would be almost automatic on application) much damage might be

done by the distribution of a particular issue before registration could

be cancelled.

Surely a simpler, faster, and safer procedure would be to make initial

registration more difficult and subsequent deregistration more speedy.

Amendments recently made to the laws of various Australian States should

result in a general improvement in the standard of publications

distributed in Australia, and consequently in New Zealand. On the other

hand, this tightening of the law may induce distributors to dump in New

Zealand publications for which they have no longer a market in

Australia.

A banning, rather than a censorship, of printed matter injurious to

children should be the subject of immediate legislation for three

reasons:

(_a_) To prevent the Dominion being used as a market to offset any

trade lost in some Australian States;

(_b_) To encourage the efforts of those people who seek to lead

children through good reading to better things; and

(_c_) To let publishers know that the time has passed when

publications likely to be injurious to the minds of children and

adolescents may be distributed by them with impunity.

In order to meet the situation, it would be desirable for the Government

to promote special legislation along the lines of the Victorian Police

Offences (Obscene Publications) Act 1954.

The Victorian legislation is particularly effective since not only does

it widen the definition of "indecent" and "obscene", and enables the

police themselves to institute proceedings for breaches of the Act, but

it also compels all distributors to be registered. Then, should a

distributor be convicted of an offence, he may be deregistered, and in

that case would be unable to distribute any other publication whatever.

Despite frequent reference to distributors dumping objectionable

publications on a newsagent or bookseller, who has to accept the bad

before he can get the good, the Committee has not received any definite

evidence of this practice occurring in New Zealand.

=(2) Films=

The cinema is the only field of entertainment in New Zealand where

official supervision in the interest of juveniles is exercised by a

public servant with statutory powers. The Government Film Censor

interprets his role chiefly as one of guiding parents. On occasions he

bans a film; more often he makes cuts in films; most often he recommends

a restriction of attendance to certain age groups. The onus is then on

parents to follow the censor's advice, on theatre managers to adhere to

his rulings, and on the Government to see that the law is enforced.

It is not part of the censor's duty to see that his rulings are

observed. A survey taken in 1952 revealed that about one-quarter of all

films advertised in the press were advertised with wrong certificates.

Reliance upon such incorrect advertisements therefore deprived parents

of the protection which the legislature intended for them.

Few prosecutions have ever been taken for such offences, and it is even

doubtful whether, if they were taken, convictions would be recorded.

Some regulations (essential for this purpose) under the 1934 Amendment

Act have never been gazetted; nor have any under the 1953 amendment.

Although the censor receives few specific complaints, and although film

distributing and exhibiting interests state that they are complying with

the spirit of the unwritten law, the following undesirable practices

irritate a large section of the thinking public:

_(a) Publication of Grossly Extravagant Posters and Newspaper

Advertisements_ in which sex and sadism are often featured. The

theatre managers concerned state most definitely that nothing more

than genuine showmanship is behind this.

_(b) Screening of Inappropriate Trailers on Unsuitable Occasions:_

By their very nature, trailers are difficult to censor adequately

and, because of their origin and intent, are designed to have an

exaggerated impact upon audiences. Trailers of the worst type,

however, are sometimes shown at special children's sessions.

_(c) Mixing "A" and "U" Certificate Films:_ In the words of the

exhibitors, this is done "to obtain balanced programmes".

_(d) Admitting Children and Adolescents to Films With Restricted

Certificates:_ It is difficult for theatre managers to determine

the age of their patrons, and the warning notice of restricted

attendance exhibited at the theatre may have little effect. Should

the age be queried when entry is sought, an incorrect answer will

probably be given. Worst of all, perhaps, should the presence of

an accompanying adolescent or adult be required, there is always

the danger of undesirable strangers taking the place of a _bona

fide_ parent or friend.

_(e) Misbehaviour in Theatres:_ Once inside a darkened theatre,

children, adolescents, and undesirable persons may behave

improperly and the manager may have difficulty in exercising

control.

* * * * *

Appropriate steps recommended are:

(i) The gazetting of the outstanding regulations empowered by the

1934 and 1953 Amendment Acts.

(ii) The provision to the maximum extent possible of

non-restricted or "U" programmes for children's sessions.

Report of the Special Committee on Moral Delinquency in Children and Adolescents · 第 1 / 7 段