An honest comment for my first published novel My Splendid Concubine gave me the idea for this post on the history of the changing attitudes of when a female child becomes a woman. The comment said, “The girls (the two concubines in the story) were younger than 15, for goodness sake. I had a hard time getting past that.”
According to Live Science.com, “A woman can get pregnant and have a baby as soon as she begins ovulating, or producing eggs. This typically occurs about a year after they first begin menstruating, which for North American women, usually happens between the ages of 11 and 12.”
But according to the law in the United State, a female child isn’t legally a woman until age 16, 17 or 18 depending on which U.S. state you live in. In fact, depending on the jurisdiction, legal age of consent ranges from 16 to 18 years old. In some places, civil and criminal laws within the same state conflict with each other.
But the age of consent laws in China in the middle of the 19th century, the time period of My Splendid Concubine that’s based on a real-life story were not the same as they are today, and China has never been the United States.
To understand the difference today in the People’s Republic of China, the age of consent for sexual activity is 14, regardless of gender and/or sexual orientation. In Hong Kong, it is 16 and 17 in Macau.
In addition, “Depictions of ‘child-romance’ in ancient or modern Chinese literature are not difficult to find. They include passages on joyous heterosexual or homosexual activities by children as young as 12 to 13 years old with one another or with adults. Children are usually described as natural sexual beings and erotic stimulation and sex-play are seen as beneficial to their healthy development (Chen 2000). … For most of Chinese history, the minimum marriage age suggested by the government had ranged between 12 and 16.” – Department of Psychiatry, University of Hong Kong
What about the United Kingdom around the time period of my historical novel? In 1875, a concern that young girls were being sold into brothels caused Parliament to change the age of consent to 13. Prior to that, the age of consent was 12.
However, in the United States in 1875, each state determined its own criminal laws and the age of consent ranged from 10 to 12 years of age. It would not be until after the 1930s that the term jailbait came into use in America as the age of consent laws changed.
I could have sanitized My Splendid Concubine and made both Ayaou and her sister Shao-mei much older to fit the politically correct attitudes of today, but that would have been historically incorrect. Sterling Seagrave in his book Dragon Lady, the Life and Legend of the Last Empress of China wrote, “He (Robert Hart) had just turned twenty. Ayaou was barely past puberty but was wise beyond her years.”
If Ayaou, one of the concubines in the novel, was barely 14, then there was only a six-year gap between the two, while Hart’s arranged marriage to a young Irish woman named Hester Jane Bredon a decade later sees the gap double to twelve years when he was thirty and she was eighteen. Seagrave says, “He (Hart) sought a wife as straightforwardly as he had bought a concubine.” After returning to Ireland for a brief stay in 1866, Robert proposed marriage to Hester five days after he met her. The courtship lasted three months before they were married.
Should authors ignore historical fact and rewrite history to reflect the moral sensitivities of today’s American readers?
Lloyd Lofthouse, April 30, 2018
