Cultures of Sex, Laws of Difference: Age of Consent Law and the Forging of a Fraternal Contract on the Margins of the Nineteenth-Century British Empire

Abstract

In the British colony of Natal, laws governing sex for settlers were concerned with reproduction and sexual respectability, which were the grounds for imagining difference amongst imperial populations only recently assembled under colonial jurisdiction. Age of consent laws arose out of these contingencies rather than out of any concern with a liberal politics of social reform. Consequently, colonial age of consent laws governing white settlers bore only superficial resemblance to metropolitan legislative reforms such as age of consent laws. Instead, the Natal state's practices of law-making recognized three discrete and divergent moral economies of sex in the colonial laws governing white settler citizens, Native law which governed the lives of Africans and the consolidated body of laws governing Indian immigrants. In this young colony, not only did ‘age of consent’ laws have to be newly made, but they were conceived separately and contained by ‘colonial law’, ‘Native custom’ and ‘Indian custom’. The sexuality of young white woman was coded in colonial rape laws and used to draw lines of civilizational difference between settler citizens and their Others. For these others, relating sex to exceptional marriage customs excluded from legal codes of civilized common practice was how the state worked to assert difference.