Oliver Wendell Holmes, Jr.

“ The woman, whether coerced or induced, whether willingly or unwillingly transported for purposes of prostitution, debauchery, and immorality, is regarded as the victim of the trafficker, and she cannot therefore be punished for being enslaved, nor for consenting and agreeing to be transported by him for purposes of such business. ”

“ The woman, whether treated as the willing or an unwilling victim of such transportation for such business purpose, cannot be found guilty of the main offense, nor punished for the incidental act of conspiring to be enslaved and transported. Indeed, if she could be so punished for conspiring with her slaver, the fundamental idea that makes the act valid would be destroyed. ”

“ But when it appeared that there was a traffic in women to be used for purposes of prostitution, debauchery, and immoral purposes, Congress legislated so as to prohibit their interstate transportation in such vicious business. ”

“ To this may be added the practical consideration, that any construction making the woman liable for participation in the transportation will not only tend to prevent her from coming forward with her evidence, but in many instances she will be in position to claim her privilege and can refuse to testify on the ground that she might thereby subject herself to prosecution for conspiracy, in that she aided in the violation of the law, even though it was intended for the protection of her unfortunate class. ”

“ For example, in prosecutions for abortion, the woman 'does not stand legally in the situation of an accomplice, for although she no doubt participated in the moral offense imputed to the defendant, she could not have been indicted for that offense. ”

“ For although the statute of 1910 embraces matters to which she could be a party, if the words are taken literally, for instance, aiding in procuring any form of transportation for the purpose, the conspiracy alleged, as we have said, is a conspiracy that Laudenschleger should procure transportation and should cause the woman to be transported. ”

“ So that an argument based on the use of the word 'slave,' 'enslaved,' 'traffic in women,' 'business in women,' 'subject of transportation,' and the like,-which might otherwise appear to be strained,-is amply justified by the amazing facts which those reports show as to the existence and extent of the business and the profits made by the traffickers in women. ”

“ The argument based on the use of these words, and what they imply, is further justified by the fact that the statute itself declares (§ 8) that it shall be known as the 'white slave traffic act.' In giving itself such a title the statute specifically indicates that, while of right, woman is not an object of merchandise or traffic, yet for gain she has by some been wrongfully made such for purpose of prostitution ”

“ Suppose, for instance, that a professional prostitute, as well able to look out for herself as was the man, should suggest and carry out a journey within the act of 1910 in the hope of black-mailing the man, and should buy the railroad tickets, or should pay the fare from Jersey City to New York,-she would be within the letter of the act of 1910, and we see no reason why the act should not be held to apply. ”

“ Crim. Rep. 332. So a woman may conspire to procure an abortion upon herself when, under the law, she could not commit the substantive crime; and therefore, it has been held could not be an accomplice. Reg. v. Whitchurch, L. R. 24 Q. B. Div. 420, 422, 59 L. J. Mag. Cas. N. S. 77, 62 L. T. N. S. 124, 38 Week. Rep. 336, 16 Cox, C. C. 743, 54 J. P. 472, 8 Am. Crim. Rep. 1; Solander v. People, 2 Colo. 48, 63; State v. Crofford, 133 Iowa, 478, 480, 110 N. W. 921.
So we think that it would be going too far to say that the defendant could not be guilty in this case. ”