Yeah, but even if she was 9 at the time, it's not exactly something against the norms of the entire world.
Traditional attitudes[edit]
In traditional societies, the age of consent for a sexual union was a matter for the family to decide, or a tribal custom. In most cases, this coincided with signs of
puberty,
menstruation for a woman and pubic hair for a man.
[3] The ancient Greek poet
Hesiod in
Works and Days (c. 700 BC) suggests that a man should marry around the age of thirty, and that he should take a wife who is five years past puberty.
Reliable data for ages at marriage is scarce. In England, for example, the only reliable data in the early modern period comes from property records made after death. Not only were the records relatively rare, but not all bothered to record the participants' ages, and it seems that the more complete the records are, the more likely they are to reveal young marriages. Modern historians have sometimes shown reluctance to accept evidence of young ages of marriage, dismissing it as a 'misreading' by a later copier of the records.
[3]
In the 12th century,
Gratian, the influential founder of
canon law in
medieval Europe, accepted age of puberty for marriage to be around 12 (girls) and around 14 (boys) but acknowledged consent to be meaningful if the children were older than 7.
[4] There were authorities that said that consent could take place earlier. Marriage would then be valid as long as neither of the two parties annulled the marital agreement before reaching puberty, or if they had already consummated the marriage. Judges sometimes honored marriages based on mutual consent at ages younger than 7: in contrast to established canon, there are recorded marriages of 2 and 3 year olds.
[3]
The first
recorded age-of-consent law dates from 1275 in England; as part of its provisions on rape, the
Statute of Westminster 1275 made it a misdemeanor to "ravish" a "maiden within age," whether with or without her consent. The phrase "within age" was later interpreted by jurist Sir Edward Coke as meaning the age of marriage, which at the time was 12 years of age.
[5]
The American colonies followed the English tradition, and the law was more of a guide. For example, Mary Hathaway (Virginia, 1689) was only 9 when she was married to William Williams.
[6] Sir Edward Coke (England, 17th century) "made it clear that the marriage of girls under 12 was normal, and the age at which a girl who was a wife was eligible for a
dower from her husband's estate was 9 even though her husband be only four years old."
[3]
In the 16th century, a small number of Italian and German states set the minimum age for sexual intercourse for girls, setting it at 12 years. Towards the end of the 18th century, other European countries also began to enact similar laws. The first French Constitution of 1791 established the minimum age at 11 years. Portugal, Spain, Denmark and the Swiss cantons initially set the minimum age at 10–12 years.
[7]
Age of consent laws were, historically, difficult to follow and enforce: legal norms based on
age were not, in general, common until the 19th century, because clear proof of exact age and precise date of birth were often unavailable.
[7]
In
Christian societies,
sex outside marriage was forbidden. Older children were often punished themselves for being complicit in sexual interaction with an adult.[
citation needed] Until the late 18th century, there was little understanding of
childhood as a concept, and children were seen as "little adults". Indeed, prior to the 12th century, there was virtually no notion of childhood at all.[
citation needed] Christianity also deemed that children were born into the
original sin, and, as such, were perceived as inherently immoral.
[8] Children had very few rights and were considered the
chattel of the father.
[8] From the late 18th century, and especially in the 19th century, attitudes started to change. By the mid-19th century there was increased concern over child sexual abuse.
[8]