Chapter 2

=(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.