Wayward Daughters: Sex, Family, and Law in Early Twentieth-Century Beijing

The criminal prosecution of seduction (heyou) in early twentieth-century Beijing brings to light a tangible tension over the conception of women’s social autonomy and sexual agency: on the one hand most plaintiffs upheld the conventional view, inherited from the imperial litigation practice, which regarded women as innocent victims of male lust in sex-related crimes; on the other hand, the criminal law recognized the new notion of women’s sexual urges and agency, thanks to the twentieth-century social and cultural reform that attacked traditional sexual mores and endorsed women’s social autonomy. The criminal investigation process became a forum where the real life drama, the clash between children and parents, between individuals and the family, between liberal milieu towards sexuality and traditional values of sexual morality, unfolded before judicial officials. Focusing on twisting evidence and conflicting testimonies, this article will study how Chinese cultural reform and feminist movement since the late nineteenth century played themselves out in the legislation and adjudication realms, how the Republican law and court came to terms with young women’s social autonomy and sexual agency, how judicial officials re-evaluated the role of female agency in determining criminal liability in lawsuits involving sexual liaisons, and finally how new laws affected women’s sexual behaviors, family controls, and the degree to which the state intervened in intimate relationships and domestic disputes. Seduction trials in early twentieth-century Beijing provide a case of “local” reaction to the global effort to comprehend and regulate female promiscuity and kinds of sexual expressions outside of marriage. Chinese lawmakers and judges worked to achieve the dual goal of upholding female autonomy and protecting the stability of the institution of the family in the age of urbanization, liberalization, and modernization.