A story often told about early 20th-century justice…

 Twelve-year-old Emma Sullivan stood trial on October 5, 1917, charged with fornication after becoming pregnant, Emma testifying she'd been assaulted by forty-year-old employer Mr. Harrison, prosecutor arguing Emma's pregnancy proved consent saying "pregnant girls are not innocent victims," jury convicting Emma of fornication, sentencing her to reform school until age eighteen, 





Mr. Harrison being acquitted of all charges, legal system punishing pregnant twelve-year-old while freeing adult man who impregnated her, Emma's pregnancy being used as evidence against her, prosecutor claiming twelve-year-old who became pregnant must have consented, jury agreeing child's pregnancy proved guilt, Emma being imprisoned for being pregnant at twelve while man who caused pregnancy walked free, justice system treating pregnant child as criminal and adult man as innocent.


Emma had worked as domestic servant in Harrison household, being assaulted by Mr. Harrison in March 1917, becoming pregnant, pregnancy being discovered in June, Emma telling mother about assault, mother reporting to police, police investigating, prosecutor deciding to charge both Emma and Mr. Harrison, Emma being charged with fornication, Mr. Harrison with assault, trials occurring October 1917, Emma's trial first, Emma testifying about assault, prosecutor cross-examining Emma, asking why she didn't scream, why she didn't tell immediately, arguing Emma's pregnancy proved willing participation, prosecutor stating to jury "Gentlemen, this girl stands before you pregnant. Pregnancy requires participation. She claims assault but her condition proves consent. No truly innocent girl would be in this state. Find her guilty of fornication," jury deliberating thirty minutes, returning guilty verdict, judge sentencing Emma to State Reform School until age eighteen, six years imprisonment for being pregnant at twelve, Mr. Harrison's trial occurring week later, Emma testifying about assault, Mr. Harrison's lawyer arguing Emma had consented and later regretted it, jury acquitting Mr. Harrison in twenty minutes, twelve-year-old going to prison, forty-year-old going free.


The photograph showed courtroom October 5th, Emma standing at defendant's table visibly pregnant at twelve, prosecutor pointing at Emma's pregnant belly as evidence of guilt, jury visible watching, the scene depicting justice system prosecuting pregnant child, how twelve-year-old's pregnancy was used as proof of consent, Emma's small frame and obvious youth contrasting with pregnancy showing she was child, prosecutor's gesture toward pregnancy showing how physical evidence was weaponized against victim, jury's attention showing they were persuaded by argument that pregnancy proved guilt, courtroom representing place where child victim became criminal defendant, legal proceeding treating pregnant twelve-year-old as guilty party while preparing to acquit adult who impregnated her, Emma's visible pregnancy being treated as evidence of crime she committed rather than crime committed against her.


Emma spent next six years in reform school, delivering baby in reform school infirmary at age twelve, baby being taken for adoption, Emma remaining in reform school until age eighteen in 1923, being released with record of fornication conviction, Emma living until 1979, dying at seventy-four having spent sixty-two years carrying conviction for being pregnant at twelve, Emma testifying in 1970s about trial, explaining "I was twelve and pregnant. The prosecutor said my pregnancy proved I consented. The jury convicted me. I went to reform school for six years. I had my baby there. They took her away. Mr. Harrison was acquitted. I was twelve years old and pregnant and they put me in prison while the man who did it walked free. My pregnancy was my crime. Being twelve and pregnant meant I was guilty."



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