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The prosecutorial double standard originated in a 1668 Massachusetts law that introduced the English practice of asking unwed mothers to name the father of their child during delivery. At first glance, questioning a woman in labor seems a form of harassment. In practice, it was a formality allowing the woman, her relatives, or in some cases the selectmen of her town to claim child support. The man she accused could not be convicted of fornication (confession or witnesses were needed for that), but unless there was overwhelming evidence to the contrary, he would be judged the “reputed father” of her child and required to pay for its support. The assumption was that a woman asked to testify at the height of travail would not lie.
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Laurel Thatcher Ulrich (A Midwife's Tale: The Life of Martha Ballard, Based on Her Diary, 1785-1812)