Summary

Oliver Wendell Holmes, Jr. United States v. Holte — Opinion of the Court

The statute does not deal with the offense of fornication and adultery, but treats the woman who is transported for use in the business of prostitution as a victim,-often a willing victim, but nevertheless a victim. It treats her as enslaved, and seeks to guard her against herself as well as against her slaver; against the wiles and threats, the compulsion and inducements, of those who treat her as though she was merchandise and a subject of interstate transportation.
Source: Wikisource

Oliver Wendell Holmes, Jr. United States v. Holte — Opinion of the Court

But those evils are not to be remedied by extending the law of conspiracy so as to treat the enslaved subject of transportation as a guilty actor in her own transportation; and then punish her because she agreed with her slaver to be shipped in interstate commerce for purposes of prostitution. Such a construction would make every willing victim indictable for conspiracy. Even that elastic offense cannot be extended to cover such a case.
There are no decisions dealing directly with the question as to whether a woman assisting in her own illegal transportation can be prosecuted for conspiracy.
Source: Wikisource

Oliver Wendell Holmes, Jr. United States v. Holte — Opinion of the Court

We see equally little reason for not treating the preliminary agreement as a conspiracy that the law can reach, if we abandon the illusion that the woman always is the victim. The words of the statute punish the transportation of a woman for the purpose of prostitution even if she were the first to suggest the crime. The substantive offense might be committed without the woman's consent
Source: Wikisource

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