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only where one party does not or can not consent, through lack of age (Rex versus Hare, 1 King's Bench, Page 354 C. C. A., 1934). England has another statute under which children are protected (12–13 Geo. V., Chap. 56, 1922), and England has not made the crime of femalo homosexuality any broader (Earl of Halsbury: Laws of England, 1941, Suppl. Vol. 9, Part XI, Sec. 1095).

In 1887 Massachusetts also passed an act broadening the orime of homosexuality, and that includes Lesbianism even when children are not involved (Laws of Mass., Chap. 272, Seo. 35, 1932). In a general way the farther West the jurisdiction and the more recently enacted the laws, the broader and more inclusive appears the trend of the se statutes (Sec. 2456, Rem. Com. Stat., State of Washington versus Frey, Aug. 17, 1932; Glover versus State, 179 Ind. 459, 1913 also stated in 101 Northeastern Reporter 629 at 632).

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These later cases do not seem to draw a line between protection of children and the ideas of male homosexuality applied analagously to Lesbianism. The broadening of the statutes so that Lesbianism, even when children are not involved, is now practically univer sally declared to be a crime in the United States is a development mostly in the 20th Century. It is noteworthy that by modern decisions prosecutions for homosexuality are the only cases in which rules of law and of evidence are not interpreted liberally on behalf of the accused; the rules are construed as rigidly as possible against the accused and ciroumstantial evidence may convict (Connell versus State, 19 Northeastern Reporter, 2d series, 267, 1939).

On the other hand, it may be said that the law in general does not deal as harshly with women as it does with men. Public prosecutors as a rule are not anxious to take notice of cases of Lesbianism unless they becom too notorious or unless they involve children (however the statute may define a child) or unless pressure is brought to bear.

This is particularly because there is a growing feeling that homosexual ity is a mental illness, and a plea of insanity is a common defense. Who ther homosexual ity is

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