Offences against religion (for example, blasphemy and disturbing public worship), and offences against decency and morality (for example, indecent exposure, indecent publications, and prostitution) are strongly reprehended.

In determining what conduct on the part of an individual should be condemned the law has always endeavoured to maintain a balance between freedom of the individual and the rights of the community not to be harmed by the exercise of that freedom.

The law is not interested in sin, or even immorality, but it is vitally interested in the effects of them.  A person may stay away from church, but he must not scoff at the Holy Scriptures.  He may bathe in the nude, but not at a public beach or near where persons are passing.  A human model may be posed for an artist, but must not be exhibited in a shop window.

One other feature of the law regarding morals is that there are some things which adults are not restrained from doing but which the law will not suffer to be done by minors.  Common examples are found in the restraints which are imposed on children smoking, or entering upon premises open for “drinking” or betting.

Similarly, through reason and experience, the law has found it necessary to set some limits on the right of an individual to do what he likes with his own person.  The community has an interest in the life of every citizen.  More particularly may this be said to be so when the State spends much money on the education and health of the people.  Suicide has always been wrongful; attempts at suicide are therefore punishable, partly because the State has an interest in maintaining human life, and partly because suicide is a result of sin and a breach of morality.

=(2) Protection of Women and Girls from Defilement=

At common law the woman was always regarded as the mistress of her own person.  Consent was therefore a defence to a charge of rape.  The Legislature subsequently interfered for the good of society and in the interests of morality by legislating against abortion, against soliciting for the purpose of prostitution, against the keeping of brothels, and against procuration for the purpose of carnal knowledge.

The next development of consequence in the law on this matter was in the Criminal Law Amendment Act of 1885 (England).  This statute, which was subsequently followed in New Zealand, made it a criminal offence to have carnal knowledge of girls.  The penalties were graded according to the ages of the girls involved.

As an indication of the seriousness with which the law, by successive stages, has regarded sexual offences it is convenient here to summarize the penalties set out in sections 212 et seq. of the Crimes Act (N.Z.).