Petitioner, then a 17 1/2-year-old male, was charged with violating California's "statutory rape" law, which defines unlawful sexual intercourse as "an act of sexual intercourse accomplished with a female not the wife of the perpetrator, where the female is under the age of 18 years." Prior to trial, petitioner sought to set aside the information on both state and federal constitutional grounds, asserting that the statute unlawfully discriminated on the basis of gender since men alone were criminally liable thereunder.

JUSTICE REHNQUIST, joined by CHIEF JUSTICE BURGER, JUSTICE STEWART, and JUSTICE POWELL, concluded that the statute does not violate the Equal Protection Clause of the Fourteenth Amendment.

(a) Gender-based classifications are not "inherently suspect" so as to be subject to so-called "strict scrutiny," but will be upheld if they bear a "fair and substantial relationship" to legitimate state ends. Because the Equal Protection Clause does not "demand that a statute necessarily apply equally to all persons" or require "things which are different in fact . . . to be treated in law as though they were the same," a statute will be upheld where the gender classification is not invidious, but rather realistically reflects the fact that the sexes are not similarly situated in certain circumstances.

(b) One of the purposes of the California statute in which the State has a strong interest is the prevention of illegitimate teenage pregnancies. The statute protects women from sexual intercourse and pregnancy at an age when the physical, emotional, and psychological consequences are particularly severe. Because virtually all of the significant harmful and identifiable consequences of teenage pregnancy fall on the female, a legislature acts well within its authority when it elects to punish only the participant who, by nature, suffers few of the consequences of his conduct.

(c). . . a gender-neutral statute would frustrate the State's interest in effective enforcement, since a female would be less likely to report violations of the statute if she herself would be subject to prosecution. The Equal Protection Clause does not require a legislature to enact a statute so broad that it may well be incapable of enforcement.

I'm running
Yes before it's too late
Trying to get away
From that jail bait

It's a rough temptation
But a common invitation
And a good association
But a quick elimination
That will take you out of circulation
Yes I'm talking about that younger generation

So take my advice fellas
For goodness sake
15, 16, 17 that's jail bait

Now they swear that they're in love
That you and her good stars above
And she's lookin mighty good
Just like a young girl should

Well we try to tell ya no
And let that young girl go
But you you know it all
You have yourself a ball

And now it is too late
As you look from cell number 8
I tried to tell you old mate
17 and 1/2 is still jail bait

So tomorrow's the date
For the trial of jail bait
And this you watch and see
The young girl will go free
And you'll get one to three

So out the door she walks
To another man she talks
Before you can count
From one to eight
Another man in for
Jail bait

Please mister judge
If you just let me go this time
I won't mess with them young girls no more
I swear I'm not gunna bother them Mister Judge

I ain't gunna bother nothin fifteen
I ain't gunna bother nothin sixteen
I ain't gunna bother nothin seventeen
I ain't gunna mess with none at eighteen

I'm gunna leave the twenty year old ones alone too
Gunna get me a girl about forty-two
If you just believe what I say Mister Judge Please Mister Judge I ain't gunna bother them young girls no more

Gimme a break Mister Judge

Of primary importance are the cases of statutory rape arising out of adolescent sexual experimentation. The sex play of adolescents is not limited by legislatures. The fact that a statute designates an act of sexual intercourse with a girl under eighteen as rape will not normally deter an avid boy friend even if he knows about the statute. There may be considerable doubt in many cases whether the girl wants the boy deterred, for she is usually is a willing partner to the intercourse. A girl may carry on sexually for some time with a boy friend and no complaint will be made by anybody. But when she becomes pregnant, or when he shifts his attentions to some other girl, or when the girl's relatives disapprove of the boyfriend, then a charge of rape is likely to be made. . . . There is growing recognition that it is unfair to characterize this situation, involving sexual experimentation of adolescents, as a felonious rape. In many of these cases grand juries simply refuse to indict and juries fail to convict, even though there may have been no question but that rape was technically committed. In New York, the legislature at the 1950 session made it possible to treat sexual intercourse of boys under 21 with girls under eighteen as a misdemeanor instead of a felony, as theretofore. The punishment prescribed became a normal maximum of one year instead of the ten-year maximum for statutory rape, as theretofore.

The arguments against raising the age higher than thirteen or fourteen were:

1. 1. Girls often mature physically at twelve or fourteen years of age. Mexican girls were often mothers at twelve; being developed, the girl could consent.


2. 2. Working girls, especially typewriters, would blackmail their employers, "urged on by designing mothers."


3. 3. We have a degraded race among us – negro.


4. 4. It will send youths to the gallows and fill our penitentiaries with immature boys.


5. 5. Southern chivalry was a sufficient protection to womanhood.


6. 6. Seduction laws cover the case.

To the Senate and House of Representatives

The increasing and alarming frequency of assaults upon women, and the frightful indignities to which even little girls are subject, have become the shame of our boasted civilization.

A study of the Statutes has revealed their utter failure to meet the demands of the newly awakened public sentiment which requires better legal protection for womanhood and girlhood.

Therefore we, men and women of ____, State of _____ do most earnestly appeal to you to enact such statutes as shall provide for the adequate punishment of crimes against women and girls. We also urge that the age at which a girl can legally consent to her own ruin be raised to at least eighteen years; and we call attention to the disgraceful fact that protection of the person is not placed by our laws upon so high a plane as protection of the purse.

The Atlantic Slave Trade and Slave Life in the Americas: A Visual Record amasses over 1,200 images documenting the history of the Atlantic slave trade and the lives of slaves and former slaves in the Americas. The images document the history of enslavement in West and West Central Africa, the English and French Caribbean, Brazil, and the United States. Most of the images are watercolors, sketches, and prints from 18th and 19th century European and American texts, although a few pieces predate this era, or are digitalized versions of previously unpublished archival material. Finally, the site also contains a few newspaper advertisements for runaway slaves, such as this 1763 "Fugitive Slave Advertisement" publicizing the escape of four slaves, including one 15-year-old boy.

Viewers can search for images of children within this site by browsing the 18 broad subject categories by which the database is organized. Two categories that include many images of children are Pre-Colonial Africa: Society, Polity, Culture and Family Life, Child Care, Schools. Larger numbers of images involving children can be located by doing a keyword search from the general database for children (97 images), girl (26 images) and boy (33 images).

While the types of sources contained in this site pose some challenges to effective classroom use, instructors who think carefully about how to have students use these images will be rewarded with rich results. Both full bibliographic references and a clear indication of the geographic and temporal setting depicted are provided for each image. Also included are any relevant textual passages that might have accompanied an image in its original publication. However, as the site makes clear, its authors have made little effort to interpret the images or establish the historical authenticity or accuracy of what they depict, so much is required in this area by viewers.

There are several ways to approach this material. Instructors might point out to students that the images do not necessarily document slavery's history in a straight-forward and unmediated fashion, and in this case, they might design exercises for students that called for them to consider how the context and objective of an image's creator shaped the content of the image generated. This approach could be done by either restricting students to the use of material contained at the site, or by requiring them to do further research on the images’ creators.

Another option would be to explore the ways in which children are ubiquitous in images on this site, for example, as infants, strapped to the backs of women – presumably their mothers. Yet this depiction seems at odds with what we know to have been the extremely high rates of infant and childhood mortality that children experienced across the Americas under slavery. Young children in these images are also most often shown playing near, or sitting on the laps of their mothers, yet again, we know that it was common for slave children to be sold to others separately from their mothers. Instructors might therefore ask their students: Have these artists exaggerated the predominance of children's proximity to their mothers in these images? If so, why?

Instructors might start by encouraging students to formulate interpretations involving childhood and children in slavery from the images, and then moving to secondary source material to learn more. Or an assignment could begin with historical context and then look for patterns mentioned in the literature or for images that counter a historical narrative. A few secondary sources that would work well with this collection of images include: Digital History's entry on African American Voices and Annie L. Burton's 19th century slave chronicle, Memories of Childhood's Slavery Days.

One fascinating theme to explore would be inter-racial relations that childcare arrangements between slave and slave-owning families entailed. See, for example, Enslaved House Servants and White Children, South Carolina, 1863 and Black Nursemaid, New Orleans, 1873-74. Instructors might have students study these and other such images to consider how the relations they depict suggest ties of emotional intimacy and social proximity that contradict the more brutal relations between slaves and slave owners portrayed in so many other images at the site.

Instructors could also use images in this collection to examine the issue of gender, encouraging students to consider, for example, how the slave experience differently affected boys and girls. Students could analyze such images as George Cruikshank's pro-abolitionist drawing, "Punishment Aboard a Slave Ship, 1792" which depicts a 15-year-old girl who was tortured to death for her "virgin modesty" (she had refused to dance naked on the deck of a British slaving ship) or the similar scene illustrated in "Whipping a Slave in Surinam, 1770s". Such illustrations allow students to examine how slave owners and captors projected notions of heightened sexuality, or presumptions of sexual availability on female slaves, and contrast these with the experience of males.

The history of childhood depends, to some extent, on understanding the history of home- and family-life, the primary context in which childhood occurs. In the U.S., the rise of the field known as "home economics" had an enormous impact on popular conceptions of children and what kind of care they require. The impressive HEARTH website offers the most comprehensive online collection of primary sources in the field of home economics from 1850 through 1950; a few sources, such as full-text articles from the Journal of Home Economics, are inclusive through 1980. Introductory material addresses the importance of home economics to women's history and children's history as well as its broad impact on American culture.

Materials are arranged into 11 broadly-defined topics; each is introduced with a short essay, an image, and a substantial bibliography of influential texts on that topic, in PDF format. The history of home economics is a relatively young discipline, so these bibliographies provide an especially valuable service. While only one of the site's self-designed subject headings (Care, Human Development, and Family Studies) appears at first glance to be relevant for historians of childhood and youth, in fact, the entire site has valuable resources to offer.

The field of Home Economics grew in concert with the popularity of the "scientific" approach to child-development. This approach influenced the systematization of public education, children's medical and psychological care, and the social studies of juvenile delinquency, among other topics. Indeed, Home Economics became one of the primary disciplinary venues through which child-study developed. Consequently, many subject bibliographies contain material relevant to the health, psychology, moral development, and education of children. Home economics was also a subject taught to young women in high schools and colleges for many decades, so a good share of the material on this site was read by female youths as part of their education.

To find material specific to the history of children and/or youth, start with the Browse page. This presents a list—fairly short now, but still growing—of available full-text journals. Clicking on the title of a journal leads to a list of all volumes and issue numbers for each year of publication; these, too, appear as hyperlinks, which lead to full-text articles. All issues of the journal Children, produced by the U.S. Government Publication Office from 1954 to 1971, for example, are reproduced in their entirety. One can scan the tables of contents for each issue and discover articles with intriguing titles such as "What Makes a Good Parent?" and "Mental Retardation in the Soviet Union".

The "Browse" page also indexes HEARTH's full-text holdings (journals and books) alphabetically by author or title. Unfortunately, the books are not categorized beyond this. A reader who does not already know specific titles or authors will find it time-consuming to scan these alphabetized lists—it is like searching for a book in a library by wandering through the stacks and gazing hopefully at the shelves.

The sole example of subject-categorization lies in the PDF subject-bibliographies. Alas, the PDF format is a poor choice. It prevents titles from appearing as hyperlinks, meaning that viewers cannot look at a bibliography and know which entries, if any, are available in full-text on the website.

The full-text books and journals at HEARTH can be used to explore a range of topics when teaching the institutional history of childhood, such as how various institutions like the government, public schools, hospitals, and social services, influenced American ideologies of home, family, and children. Students raised in late 20th century schools may find it remarkable, for example, that turn-of-the-century educators considered a child's moral development to be an imperative duty of schoolteachers. Felix Adler's The Moral Instruction of Children (1912), which can be read in full-text on the site, includes chapters on children's moral responsibilities, like "The Duties Toward All Men (Justice and Charity)" and "The Elements of Civic Duty." Adler also offers chapters on how to instill morals in children by using fables, fairy tales, and even Homer's Odyssey. This emphasis on character, duty, and citizenship bears only a scant resemblance to the modern-day emphasis on building students' "self-esteem" in K-12 teaching. A history teacher might use this text to prompt students to think about change over time in America's concepts of children's roles in society, and what children "need" to fulfill those roles.

Categories or strategies for searching would make these materials more user friendly for teachers and students, but barring that, the topics listed on the Subjects page or in the background essays provide a good starting point.

In 1958, Dr. John Nietz, an emeritus professor of Education at the University of Pittsburgh, donated 9,000 old textbooks from his personal collection to the Pitt library. 19th Century Schoolbooks offers full-text access to 140 of these volumes as well as two surveys of historic schoolbooks created by Nietz. The books are available as page images as well as searchable text. An index of the collection provides bibliographic records for all 16,000 volumes in Nietz's collection.

The collection focuses on standardized textbooks on general subject matters (most often reading, spelling, geography, arithmetic, and history), published or circulated between 1800 and 1899 for use in K-12 schools. The site allows for several types of searches: basic, boolean, proximity, and bibliographic searches, for those seeking a specific search-term, and a helpful browsing feature for those who simply want to see a sampling of what the collection offers. Clicking on a letter of the alphabet will allow you to browse all titles that begin with that letter.

This site will be most immediately useful to those studying the history of U.S. education, but other historians can find much here that could be of use in their classes. One intriguing aspect of the site is its revelations about the social values of a bygone time. The proliferation of textbooks on elocution and oratory, for example, attests to the earnest emphasis on spoken words in the 19th century: how to pronounce them, how to voice them clearly and "correctly"; how to emote words for dramatic recitations.

Texts like Dr. Scudder's Tales for Little Readers, About the Heathen vividly demonstrate the condescending curiosity in 19th-century Orientalism. Chapter Two, "The Colors and Ornaments of the Hindoos," explains to the child-reader that some heathens are red, some are black, and many of them are beautiful, especially the "children of Brahmins and others, who are delicately brought up."

Entries such as The Ladies' Reader: designed for the use of schools and family reading circles, are valuable for exploring gender. This reader contains selections from famous literary works deemed appropriate for female sensibilities.

Teachers of early American history might find it useful to examine the New England Primer, a valuable resource reproduced in its entirety. The New England Primer was a standard reader used for over two centuries, making it one of the foremost influential pedagogical texts in U.S. history. Examining each page of the Primer, visitors can study its juxtapositions of Puritan theology with elemental reading lessons, as in its famous Rhymed Alphabet (Letter J: "Job feels the Rod / Yet blesses God").

The full texts of two treatises written by Nietz on textbooks are also useful resources: Old Textbooks (1961) and The Evolution of American Secondary-School Textbooks (1966). These texts provide a good historical overview and introduction to the subject matter, as well as providing insight into the approach to analyzing textbooks in the 1960s.

Additional reference materials include Using Textbooks as a Research Resource: A Bibliography, which offers an annotated list of scholarly works that utilize children's textbooks as primary sources. The bibliography includes works from as early as 1908, providing a rare longitudinal glimpse of the field of education-history. One limitation in this bibliography is that it contains no works more recent than the 1990s.

A resource page provides links to related websites, such as the American Antiquarian Society's Pedagogical Juvenile Books collection. The entries are representative (not comprehensive) of special collections and rare-book rooms in U.S., British, and Canadian libraries. Some links are out of date. Overall, this website offers much that is useful in studying the history of American children's education.

Age Limit in Age of Consent Laws in Selected Countries