Start Date
12-6-2011 9:30 AM
End Date
12-6-2011 12:00 PM
Subject Areas
Europe, family, violence
Abstract
Women who murdered their illegitimate infants in the Victorian period received a surprising amount of sympathy. Because unwed mothers were badly disadvantaged, British courts saw them as victims of poverty, absconding lovers, and biased bastardy laws. The dead newborn, unnamed and unknown, was rarely in focus. Murders of children over a year old, however, were more problematic. If a woman had overcome her initial shame and supported the child for months, why did she later turn violent? And how did judges and juries respond to these crimes?
This paper analyzes murder and manslaughter trials of mothers accused of killing their older children (over 12 months) between 1860 and 1930. Out of 965 trials in the data base, only 102 concerned older children. Women’s positioning as victims was not as successful in these cases; e.g., killers of older children were convicted of murder 43% of the time, compared to .012% of neonaticides. In part, the Victorian belief in the sanctity of motherhood overcame sympathy for desperate mothers. Moreover, these children had names and personalities and commanded more attention. Still, even in these cases, most women received mercy.
These cases highlight the limitations of viewing women simply as victims–for the courts and for historians. An unwed mother’s choices were unattractive, but she did have them. This paper, then, emphasizes both women’s circumstances and their agency in order to avoid re-inscribing Victorian views. It also shines a light on the responsibility of the courts, which opted to protect murdering mothers over their victims, a choice that had long-lasting consequences.
Keywords
illegitimacy, murder, motherhood
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"Unprovoked and Unexcused": Women and Illegitimate Child Murder in England, 1860-1930
Women who murdered their illegitimate infants in the Victorian period received a surprising amount of sympathy. Because unwed mothers were badly disadvantaged, British courts saw them as victims of poverty, absconding lovers, and biased bastardy laws. The dead newborn, unnamed and unknown, was rarely in focus. Murders of children over a year old, however, were more problematic. If a woman had overcome her initial shame and supported the child for months, why did she later turn violent? And how did judges and juries respond to these crimes?
This paper analyzes murder and manslaughter trials of mothers accused of killing their older children (over 12 months) between 1860 and 1930. Out of 965 trials in the data base, only 102 concerned older children. Women’s positioning as victims was not as successful in these cases; e.g., killers of older children were convicted of murder 43% of the time, compared to .012% of neonaticides. In part, the Victorian belief in the sanctity of motherhood overcame sympathy for desperate mothers. Moreover, these children had names and personalities and commanded more attention. Still, even in these cases, most women received mercy.
These cases highlight the limitations of viewing women simply as victims–for the courts and for historians. An unwed mother’s choices were unattractive, but she did have them. This paper, then, emphasizes both women’s circumstances and their agency in order to avoid re-inscribing Victorian views. It also shines a light on the responsibility of the courts, which opted to protect murdering mothers over their victims, a choice that had long-lasting consequences.