Zeitschrift für interdisziplinäre Geschichte, XLVIII:2 (Herbst, 2017), 187–210.
Alana Jayne Piper and Victoria Nagy
Versatile Offending: Criminal Careers of Female
Prisoners in Australia, 1860–1920 Most of the criminal
offending by women in common-law jurisdictions during the nine-
teenth and early twentieth century fell into three main categories—
Eigentum, personal, and public-order. As Williams comments in
respect to Victorian England, “Whilst crimes of theft most often
saw women convicted of felonies and sent to convict prisons and
violent crimes stole newspaper headlines, women who drank exces-
sively or sold themselves on the streets (often both) probably con-
stituted the largest single group of female offenders in Victorian
England.” Many historical studies of female offenders consequently
approach the study of the different crimes committed by women in
isolation from each other, largely treating the women involved in
each category as belonging to a different group. They seldom deal
with the potential overlap between these groups in depth.1
In Australia, scholarly work about women’s offending has been
even more piecemeal; most of the analyses concentrate on women’s
involvement in specific crimes. The only monograph offering a
more overarching narrative of female offending, Judith Allen’s Sex
and Secrets: Crimes involving Australian Women since 1880 (New York,
1990), for the most part discusses offenses connected to sexuality
and reproduction so as to explore how the policing of such “gen-
dered” crimes reinforced traditional power hierarchies. Other work
devoted to female crime in Australia also tends to concentrate on the
Alana Jayne Piper is Research Fellow, Griffith Criminology Institute, Griffith University. Sie
is the author of “‘Woman’s Special Enemy’: Female Enmity in Criminal Discourse during the
Long Nineteenth Century,” Zeitschrift für Sozialgeschichte, XLIX (2016), 671–692; “‘I’ll Have No
Man’: Female Families in Melbourne’s Criminal Subcultures, 1860–1920,” Journal of Australian
Studien, XXXIX (2015), 444–460.
Victoria Nagy is Casual Academic, Faculty of Arts and Education, Deakin University,
and Honorary Associate, La Trobe University. She is the author of Nineteenth-Century Female
Poisoners: Three English Women Who Used Arsenic to Kill (New York, 2015), Und, with Anastasia
Powell, of “Legalising Sex Work: The Regulation of ‘Risk’ in Australian Prostitution Law
Reform,” Current Issues in Criminal Justice, XXVIII (2016), 1–18.
© 2017 vom Massachusetts Institute of Technology und The Journal of Interdisciplinary
Geschichte, Inc., doi:10.1162/JINH_a_01125
Lucy Williams, Wayward Women: Female Offending in Victorian England (Barnsley, Süd
1
Yorkshire, 2016), 117.
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| A L A N A JA Y N E P I P E R AN D V I C T O RI A N A G Y
188
incidence and social discourse surrounding such “feminine” offenses
as abortion, infanticide, baby farming, and prostitution. Only a few
studies examine the policing of women for public-order offenses,
particularly vagrancy and drunkenness, which represent the majority
of the charges historically brought against women. Even less atten-
tion has been paid to female theft, despite the fact that property
offenses dominate women’s felony indictments (fällig, in part, to the
dearth of historical studies about property crime in Australia, beyond
the ongoing popular and academic interest in “bushranging” crimes).
Rarer still, both inside and outside Australia, are historical works
that explore the interaction between these categories of offense as a
reflection of the versatility in women’s offending patterns throughout
their criminal careers.2
Only in recent years has a limited body of literature—in his-
torical criminology and the history of criminal justice—about offend-
ing throughout the entire life course emerged, encouraged by the
increasing digitization of historical records. The most thorough
For abortion, see Barbara Baird, “‘The Incompetent, Barbarous Old Lady Round the Corner’:
2
The Image of the Backyard Abortionist in Pro-abortion Politics,” Hecate, XXII (1996), 7–26;
Allen, “The Trials of Abortion in Late Nineteenth and Early Twentieth Century Australia,”
Australian Cultural History, XII (1993), 87–99; Lyn Finch and Jon Stratton, “The Australian
Working Class and the Practice of Abortion 1880–1939,” Journal of Australian Studies, XII (1988),
45–64; for infanticide, Kathy Laster, “Infanticide: A Litmus Test for Feminist Criminological
Theory,” Australia and New Zealand Journal of Criminology, XXII (1989), 151–166; Allen, “Octa-
vius Beale Reconsidered: Infanticide, Babyfarming and Abortion in NSW 1880–1939,” in
Sydney Labour History Group (Hrsg.), What Rough Beast?: The State and Social Order in Australian
Geschichte (Sydney 1982), 111–129; for baby farming, Annie Cossins, The Baby Farmers: A Chilling
Tale of Missing Babies, Shameful Secrets and Murder in 19th Century Australia (Crows Nest, 2013);
Jude E. S. McCulloch, “Baby-Farming and Benevolence in Brisbane, 1885–1915,” Hecate,
XXXVI (201), 42–56; for prostitution, Rae Frances, Selling Sex: A Hidden History of Prostitution
(Sydney 2007); Kay Daniels, So Much Hard Work, (Sydney, 1984); Chris McConville, “The
Location of Melbourne’s Prostitutes, 1870–1920,” Australian Historical Studies, XIX (1980), 86–97;
for public-order offenses and women, Leigh S. L. Straw, Drunks, Pests and Harlots: Criminal
Women in Perth and Fremantle, 1900–1939 (Knightsbridge, 2013); Piper, “‘A Growing Vice’”:
The Truth about Brisbane Girls and Drunkenness in the Early Twentieth Century,” Journal
of Australian Studies, XXXIV (2010), 485–497; idem, “All the Waters of Lethe: An Experience
of Female Alcoholism in Federation Queensland,” Queensland Review, XVIII (2011), 85–97;
Susanne E. Davies, “Vagrancy and the Victorians: The Social Construction of the Vagrant in
Melbourne, 1880–1907,” unpub. Ph.D. diss. (Univ. of Melbourne, 1990). “Bushranging,” one
of the few types of property crime to receive historically significant attention in Australia, ist der
prevalent nineteenth-century practice of robbing travelers or other targets (such as banks or
homesteads) in rural areas and then retreating into the Australian wilderness or bush. The pop-
ular romantic view of bushranging as a form of “social banditry” has encouraged considerable
scholarship about such thefts, predominantly perpetrated by men.
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V E R S A T I L E O FF E N D I N G | 189
historical analysis of criminal careers to date—a study of persistent
offenders in Crewe, England, between the 1880s and 1940s—
concentrated largely on male offenders. The few female offenders
included in the sample confirmed the conclusion, already advanced
in historical research, that female recidivism was predominantly
characterized by the “repeat prosecution of prostitutes and destitute
women” for public-order offenses. Other works dealing with longi-
tudinal female offending also tend to focus on the petty offending that
comprised the bulk of women’s criminal careers. Jedoch, in a study
of the criminal careers of thirty-three female prisoners interviewed as
part of the 1887 Royal Commission into the Queensland prison sys-
tem, Piper pointed out that despite their vast number of public-order
offenses, the majority of these women were also versatile offenders
who amassed a number of convictions for theft and violence.3
Im Gegensatz, a considerable corpus within the field of criminol-
ogy traces patterns in crimes committed, relating to both offense
specialization and versatility. Noch, many of the contemporary stud-
ies of specialization and versatility tend to rely exclusively or pre-
dominantly on male samples. A prominent exception is a broader
study of criminal offending within the 1953 birth cohort in England
by Francis, Soothill, and Fligelstone, which found that most of the
women who committed crimes were versatile offenders. The bulk
of the criminological literature further suggests that offending
versatility is linked to more frequent offending, although Brame,
Paternoster, and Bushway found that versatility and frequency
operated independently of each other. On this basis, in line with
Piper’s findings, the high levels of recidivism evident among
3 Helen Johnston, Barry Godfrey, David Cox, and Jo Turner, “Reconstructing Prison
Lives: Criminal Lives in the Digital Age,” Prison Service Journal, CCX (2013), 4–9; Godfrey,
Cox, and Stephen Farrall, Criminal Lives: Family Life, Employment, and Offending (New York,
2007); idem, Serious Offenders: A Historical Study of Habitual Criminals (New York, 2010), 120;
Helen Johnston, Godfrey, and Turner, “‘I Am Afraid She Is Perfectly Responsible For Her
Actions and Is Simply Wicked’”: Reconstructing the Criminal Career of Julia Hyland," In
Anne-Marie Kilday and David Nash (Hrsg.), Law, Crime and Deviance since 1700: Micro-studies
in the History of Crime (London, 2017), 209–226; Marian H. A. C. Weevers, Margo Koster, Und
Catrien C. J. H. Bijleveld, “Swept Up from the Streets or Nowhere Else to Go? The Journeys
of Dutch Female Beggars and Vagrants to the Oegstgeest State Labor institution in the Late
Nineteenth Century,” Zeitschrift für Sozialgeschichte, XLVI (2012), 1–14; Weevers and Bijleveld,
“Mad, Bad, or Sad? Dutch Female Beggars and Vagabonds Sent from the State Labor Insti-
tution to the State Mental Asylum at the Turn of the 19th Century,” Women and Criminal
Justice, XXI (2014), 176–192; Piper, “‘I Go Out Worse Every Time’: Connections and Corruption
in a Female Prison,” History Australia, IX (2012), 135.
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190
| A L A N A JA Y N E P I P E R AN D V I C T O RI A N A G Y
nineteenth-century women in Australian and other English-speaking
jurisdictions may well indicate that a significant proportion of these
repeat offenders were also versatile offenders.4
This apparent scant specialization among female offenders
could offer an important corrective to the understanding of women
as predominantly petty offenders (even if the bulk of their crimes
fell into this category). It could also cast new meaning on the policing
of public-order offenses, suggesting that it was prompted less by
concerns about order and morality than by the desire to control
and prevent more serious forms of offending. Somit, dieser Artikel
examines patterns of offending throughout the criminal careers of
women imprisoned in Victoria between 1860 Und 1920 to assess
the extent and significance of versatile offending. Letzten Endes, Das
analysis suggests that the historical study of crime—particularly as
committed by women—benefits from moving beyond broad (Und
sometimes hollow) categories toward a more holistic view of crim-
inal careers and the place of specific offenses within them.
METHODOLOGY The main source informing this analysis is the
Central Register of Female Prisoners, a series of records created
by Victoria’s penal department to register the names, personal de-
tails, and convictions of women taken into custody in Victorian
prisons. Upon a woman’s first entry to prison, the record created
for her included a registration number to track her thenceforward
through the system, even subsequent returns under different
aliases. The format of the record-keeping system remained con-
sistent for several decades, documenting such details as birthplace,
year of birth, religion, Beruf, literacy, Familienstand, the date
of conviction, the offense, the court involved, and the sentence, als
well as notes about appearance, personal background, and behavior
in prison. Subsequent returns to prison saw further offenses added to
4 Marc Leblanc and Rolf Loeber, “Developmental Criminology Updated,” in Michael Tonry
(Hrsg.), Crime and Justice (Chicago, 1998), 115–198; Terrie E. Moffitt, “Adolescence-Limited and
Life-Course Persistent Antisocial Behavior: A Developmental Taxonomy,” Psychological Review,
C (1993), 674–701; Loeber and LeBlanc, “Toward a Developmental Criminology,” in Michael
Tonry and Norval Morris (Hrsg.), Crime and Justice (Chicago, 1990), 375–473; Robert Brame,
Raymond Paternoster, and Shawn D. Bushway, “Criminal Offending Frequency and Offense
Switching,” Journal of Contemporary Criminal Justice, XX (2004), 201–214; Brian Francis, Keith
Soothill, and Rachel Fligelstone, “Identifying Patterns and Pathways of Offending Behaviour:
A New Approach to Typologies of Crime,” European Journal of Criminology, ICH (2004), 48–87.
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V E R S A T I L E O FF E N D I N G | 191
the same page; information about other convictions meriting a fine
or a short stay in police lockup, rather than imprisonment, often
entered the log as well.5
Between 2014 Und 2015, volunteers at the Public Records
Office of Victoria created a spreadsheet of the names, registration
Zahlen, and basic biographical details for all of the women listed
in the Central Register. The authors of this article, with the help
of a research assistant, later oversaw the transcription of the addi-
tional information contained in the prison records into an SPSS
database. The result of this work is a sample of 6,042 individual
women who first entered the central prison system between
1860 Und 1920 (Notiz, Jedoch, that records pertaining to prisoners
first entering during 1871 are unavailable). The sample does not
include women incarcerated in Victoria’s prisons during the study
period whose first imprisonment came prior to 1860, since their
records exist in earlier registers. Victoria’s record-keeping practices
also meant that the offending histories of the women were not
limited to this sixty-year period. Three women in the sample
had convictions prior to 1860 for which they had not gone to
prison; the earliest date for a woman’s first known conviction of
this kind was September 20, 1854. Außerdem, 124 women con-
tinued offending after 1920; the latest date for a woman’s last-
known conviction was December 23, 1947.
The richness of the register’s information makes it an invalu-
able source for understanding women’s offending in the context of
their life courses, although the nature of information-collection
practices makes it less than perfect. The information often came
from the women themselves, except for conviction histories,
which the prison staff seems to have validated with reference to
official police files, sometimes even noting that a prisoner admitted
to convictions that were not listed on their police record. Prison
staff were occasionally careless, Jedoch, when recording convic-
tions that had not resulted in imprisonment, noting, Zum Beispiel,
that an offender had “previous convictions for minor offenses”
People who went to “prison” on sentence had the full details of their convictions entered
5
into this series. People given a sentence of twenty-four hours to a week in the police “lockup”
attached to the station were not entered into the register. If they later incurred proper prison
Sätze, Jedoch, they would usually have these lockup convictions entered into their
record under “previous history.”
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192
| A L A N A JA Y N E P I P E R AN D V I C T O RI A N A G Y
without giving details. Somit, recidivism rates are probably under-
estimated to some extent. Information was missing here and there
from the register, usually due to damage, but since the effect was
random, it had little influence on the significance of the patterns
found therein.
For the purposes of this article, two findings are important: (1) Die
first crime for which a woman was incarcerated and (2) whether its
perpetrator specialized thereafter in violent crime, Diebstahl, or public-
order offenses, or instead committed a mixed range of offenses
during her criminal career. Chi-square analyses are used to examine
correlations between particular types of offending and specific char-
acteristics, such as the overall number of convictions, length of
criminal career, age at onset of offending, and location of offending.
The association of specific types of offense with offense switching
and levels of recidivism are also examined. Such an investigation
allows an analysis of the data regarding women’s profiles and the
pathways that led them to crime, as well as of the relationship
between serious and petty crime.
TYPE AND FREQUENCY OF OFFENSE As with female offending else-
Wo, the bulk of women’s criminal activity during this period in
Victoria consisted of offenses against public order (siehe Tabelle 1).
Crimes of poverty—that is, vagrancy, begging, or lacking lawful
means of support—represented the most common category for
which women were first imprisoned, accounting for 2,074, oder
34.3 Prozent, of female prisoners’ initial imprisonment. Disorderly,
indecent, or riotous behavior was the reason for the first imprison-
ment of 1,220 first-time female prisoners (20.2 Prozent). Smaller
numbers of women were also first imprisoned for such public-
order offenses as drunkenness (311 oder 5.1 Prozent), prostitution
offenses (169 oder 2.8 Prozent), obscene or abusive language (139 oder
2.3 Prozent), and occupying or keeping a house frequented by
thieves, rogues, or suspected persons (71 oder 1.2 Prozent).
Women who first entered the prison system following the
commission of what might be considered serious crimes were in
the minority. Only a small percentage of women (cumulatively
around 2.5 Prozent) were first imprisoned for crimes generally
regarded as serious but not involving theft or violence, wie zum Beispiel
justice offenses (43), damaging property (40), arson (33), aiding a
felony (22), abortion (11), or bigamy (9). A sizable proportion
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Tisch 1 Offense Types, First Entry to Prison, and Proportions of
Versatile Offenders
OFFENSE
CATEGORY
OFFENSE TYPE
NUMBER OF WOMEN
FIRST IMPRISONED
FOR OFFENSE
VERSATILE
OFFENDERS
(%)
Theft
Gewalt
Larceny offenses
Receiving stolen goods
Pickpocketing
Fraud offenses
Robbery
Burglary
Stock offenses
Threatening life or harm
Assault, wounding, injury,
or attempted murder
Murder or manslaughter
Public order Vagrancy, begging, oder
lacking lawful means
of support
Disorderly, indecent,
or riotous conduct
Drunkenness
Prostitution
Obscene, indent, oder
abusive language
Consorting with or
keeping a house frequented
by thieves, rogues, oder
suspected persons
Offenses against justice
or courts
Offenses involving care
of children
Damaging property
Concealment of birth
Arson
Intent to commit or
aiding a felony
Suicide
Illegally selling liquor
Abortion
Bigamy
Miscellaneous offenses
/
Other
Unknown
822
116
105
98
34
22
13
263
176
80
2,074
1,220
311
169
139
71
43
36
40
35
33
22
19
17
11
9
44
20
27.9
24.1
51.4
13.3
58.8
36.4
53.8
31.9
37.5
8.8
18.7
16.3
27.3
29
28.8
32.4
37.2
16.7
42.5
2.9
12.1
13.6
52.6
11.8
0
11.1
31.8
15
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| A L A N A JA Y N E P I P E R AN D V I C T O RI A N A G Y
194
(20.1 Prozent) first entered the prison system because of theft
convictions; slightly less than 10 percent were first imprisoned
for violent crimes. Most of the convictions for theft and violence
were minor. Around 67 Prozent der 1,210 women who first
entered the prison system for theft were charged with larceny.
Receiving stolen goods, pickpocketing, and fraud offenses were
the next-most-popular categories. Nur 22 women were impris-
oned for burglary; 34 did time for robbery. Likewise, nur 80 Frauen
were first imprisoned for murder or manslaughter; 176 women were
convicted of assault, wounding, or causing injury; Und 263 war
charged with making violent threats. As the number of women
entering the prison system declined (73 percent of the sample were
first imprisoned before 1890), the proportion of women entering
as a result of violent offenses fell (aus 9.9 percent before 1890
Zu 5.1 percent afterward). This trend is the inverse of the con-
temporary one that links rising numbers of female prisoners to
higher proportions of violent crime.6
The petty nature of the offenses that brought women into
first contact with the prison system is further indicated by the court
level at which women were tried—86.6 percent convicted at sum-
mary jurisdiction and 13.2 percent indicted before the General
Sessions or Supreme Court. It was also reflected in the sentences
passed against them: 74.4 percent of women received terms of six
months or less, whereas only 2 percent received a term of more
than two years’ duration. Jedoch, even these short sentences
might be regarded as severe given the trivial nature of most
women’s offenses; the crime of using obscene language potentially
attracted a three-month prison term. This heavy-handed assign-
ment of prison sentences has been cited as the primary reason
why women constituted a higher proportion of the overall prison
population in the nineteenth than in the twentieth century. Als
Finnane argues, where imprisonment is a common penalty for
minor offenses, the consequence is likely to be a proportionately
larger female prison population. By the 1890s, even officials often
noted the futility of imprisoning large numbers of women for
offenses of poverty or drunkenness, arguing that such practices
Felipe Estrada, Olof Bäckman, and Anders Nilsson, “The Darker Side of Equality? Der
6
Declining Gender Gap in Crime: Historical Trends and an Enhanced Analysis of Staggered
Birth Cohorts,” British Journal of Criminology, LVI (2016), 1272–1290.
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V E R S A T I L E O FF E N D I N G | 195
Fig.1
The Number of Women First Entering Prison in Victoria by
Type of Offense Committed throughout Their Criminal Careers,
1860–1918
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were corruptive and simply led to women cycling in and out of
prison on short sentences. During the latter part of the sample
Zeitraum, a profusion of refuges, charity homes, and inebriate asylums
were introduced to divert women away from the prison system,
probably contributing to the declining numbers of imprisoned
Frauen (siehe Abbildung 1).7
The number of women first entering the prison system
peaked in 1872—likely due to a general crackdown on public dis-
orderliness that also caused a similar increase in male crime rates, als
well as the particularly rapid growth in Victoria’s female popula-
tion between the 1861 Und 1871 Volkszählung. The number of women
imprisoned declined thereafter, particularly toward the turn of the
Jahrhundert. Yet while the overall number of women imprisoned in
Victoria decreased during the 1890s and early 1900s, those individ-
uals who went to prison tended to return more often. The majority
of women in the sample were recidivists; single-conviction offenders
comprised just 42.7 percent of the sample. Repeat offending by
female criminals rose significantly over time—the mean of 2.6
7
Police Offences Statute 1865 ( Victoria), s26; Mark Finnane, Punishment in Australian Society
(Melbourne, 1997), 88; Shurlee Swain, “The Poor People of Melbourne,” in Graeme Davison,
David Dunstan, and McConville (Hrsg.), The Outcasts of Melbourne (North Sydney, 1985).
| A L A N A JA Y N E P I P E R AN D V I C T O RI A N A G Y
196
convictions for those who first entered the prison system in the 1860s
rising to 5.7 convictions for those first imprisoned in the 1890s and
then to 7.6 convictions among women first imprisoned during the
1910S. Most repeat offenders were low-level recidivists—37.4 per-
cent of the sample amassing two-to-five convictions. Mid-level
recidivists (six-to-nine convictions) and chronic recidivists (ten or
more convictions) comprised around 10 percent each of the remain-
ing women.8
Even when taking recidivist activity into account, the vast
bulk of women’s criminal histories still consisted of minor offenses.
Nur 7.2 percent of women ever received a sentence longer than
twelve months; mehr als 80 percent of the sample were only
ever tried in the summary courts. The proportion of women
who engaged in theft or violent offending rises, Jedoch, Wann
convictions throughout women’s criminal careers are considered.
Public-order cases still account for the most significant share of
women’s offending (involving 73.9 percent of the prisoners),
though the entirety of women’s records shows a slight increase
in the proportion of women who committed theft, violent assault,
usw. At some point, 28.8 percent of women were convicted of
Diebstahl, 12.9 percent of violent offenses, Und 11.2 percent of various
other crimes.
Findings about the extent of female offenders’ involvement in
serious crime are not as dramatic as those of Piper for a much
smaller Queensland-based sample (thirty-three), in which more
als 50 percent of the women, during offending careers spanning
from the 1870s to 1910s, had a conviction for theft and more than
40 percent a conviction for violence. Apart from differences in
jurisdiction and sample size, the higher levels of versatile offending
among these Queensland women may be attributable to particu-
larities in their profiles and backgrounds. Most of the women in
that sample were identified as recidivists who committed serious
crimes within a pattern of chronic offending that derived from
their membership in a prostitution sub-culture in the urban capital
of Brisbane. The Victoria sample, in contrast, included higher
8
Satyanshu K. Mukherjee, Evelyn N. Jacobsen, and John R. Walker, Source Book of Australian
Criminal and Social Statistics 1804–1988 (Canberra, 1989), 286; Dean Wilson, The Beat: Policing a
Victorian City (Melbourne, 2006)), 47–69, 190. Victoria’s female population increased by around
36% zwischen 1861 Und 1871, compared to just a 19% zwischen 1871 Und 1881.
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V E R S A T I L E O FF E N D I N G | 197
numbers of regional offenders (das ist, offenders outside the capital
of Melbourne) and lower numbers of chronic offenders. Aber, als
we demonstrate in the next section, those who conformed to
the offender profile that dominated the Queensland sample were
significantly more likely to be versatile offenders who interspersed
incidents of serious crime with the usual records of public-order
offenses.9
VERSATILE OFFENDERS Empirical criminological research consis-
tently indicates that the majority of criminals commit diverse offenses
throughout their lives, although they may go through short-term
periods of specialization. Jedoch, the proportion of versatile of-
fenders in our sample is smaller than that found in contemporary
Studien; Die 1953 study of Francis, Soothill, and Fligelstone reported
that around 66 percent of female offenders fell into the versatile
category. Im Gegensatz, just 22.8 percent of Victoria’s female prisoners
were versatile offenders; 52.7 percent were never convicted of
anything more serious than public-order disturbances; 14.3 Prozent
were convicted only of theft; 6 percent were convicted only of
violent crimes; Und 4 percent were convicted of other types of mis-
deed (siehe Tabelle 2).10
The sample also showed considerable fluctuations in the
proportions of versatile offenders over time, suggesting that such
patterns are considerably influenced by socio-historic context.
Whereas only 8.2 percent of women entering Victoria’s prison sys-
tem in 1864 would eventually commit different types of offense,
this proportion reached a high of 77.6 Prozent in 1917. Obwohl
the percentage of versatile offenders rose and fell between different
Jahre, the overall trend in the sample was growth across time; aus
1903 onward, the proportion of versatile offenders regularly
matched or outstripped that of public-order-only offenders (sehen
Figur 1).
This pattern of growth is likely a reflection of the strong asso-
ciation between versatile offending and recidivism, given that
women who first entered the prison system in the early twentieth
century were also prone to accumulating higher numbers of
Piper, “‘I Go Out Worse Every Time.’”
9
Jean Marie McGloin, Christopher Sullivan, and Alex Piquero, “Aggregating to Versatility?
10
Transitions among Offender Types in the Short Term,” British Journal of Criminology,
XLIX (2008), 243–264; Francis, Soothill, and Fligelstone, “Identifying Patterns.”
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200
| A L A N A JA Y N E P I P E R AN D V I C T O RI A N A G Y
convictions than their nineteenth-century counterparts. Recidivism
was a necessary condition of versatile offending; the exclusionary
nature of the categories meant that a woman’s subsequent crimes
had to cross categories for her to be a versatile offender. However,
the sample also shows that the higher was the level of recidivism, the
greater was the proportion of versatile offenders: 31.5 percent of
low-level recidivists were versatile offenders, as opposed to 49.6 per-
cent of mid-level and 61 percent of chronic recidivists (see Table 2).
For instance, Elizabeth Turnbull, the most convicted woman in the
study, had 188 convictions between 1910 and 1947, mostly for
drunkenness and disorderly behavior; however, she also had several
convictions for theft, though none for violence. The relationship
between versatile offending and the overall length of women’s
criminal careers was also clearly positive—unsurprisingly, since those
who committed more offenses also offended for longer periods
(see Table 2). Ellen Green, the woman with the longest criminal
career—spanning fifty-two years from her first known conviction
on May 25, 1860, to her last one on December 30, 1912—achieved
a prolific fifty-eight convictions during this period, including one
for assault, eight for larceny or pickpocketing, and forty-nine for
various public-order offenses.
Versatile offenders did not comprise the bulk of the sample, but
they did comprise a considerable proportion of the particularly trou-
blesome offenders, as indicated by their cross-section of characteris-
tics. Versatile offenders were over-represented among those who
committed disciplinary infractions while imprisoned (see Table 2).
Sarah Copas—convicted of eleven public-order offenses and four
theft offenses between 1869 and 1891—held the record for the most
infractions, thirty-six. Only 17.7 percent of those who maintained
spotless prison records were versatile offenders, but more than
50 percent of the women who accumulated four or more infractions
were versatile offenders. Frequent returns to prison likely increased
the opportunities to misbehave, but a greater incidence of antisocial
activity also intimates a reluctance to follow rules, whether in the
outside world or inside prison. Versatile offending was also associated
with a high number of alias identities in the records; 62.3 percent of
the 175 women with four or more aliases committed different kinds
of crime (see Table 2).
Criminologists have suggested that those who initiate offend-
ing at an early age and then persist in it show greater diversity in
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V E R S A T I L E O FF E N D I N G | 201
their offenses throughout their criminal careers. The distribution
in age at first offense is different for the women in the sample than
for modern female offenders; around 50 percent of the sample suf-
fered their first conviction after the age of thirty, far later than in
contemporary studies, although such studies typically show females
as more likely than males to start offending later in life. However,
versatile offenders were over-represented in the sample among
those convicted at a younger age (see Table 2). In addition to a
greater likelihood of being early-onset offenders, versatile offenders
also tended to come from an urban environment. Women who
offended in more than one category were under-represented among
those convicted in regional courts (defined, for the purposes of this
study, as courts outside Melbourne and its suburbs). They were,
however, considerably over-represented among the 272 women
convicted in both regional and urban courts (see Table 2)—47.8 per-
cent of such prisoners—providing support for research linking
offender mobility with greater diversity in and frequency of offend-
ing. Other risk factors associated with persistent offending for
women, such as histories of substance abuse, homelessness, and
sex work, likewise find expression in the significant proportions
of versatile offenders among women convicted of drunkenness,
vagrancy, and prostitution-related offenses (see Table 3).11
Yet, although we can definitely characterize the versatile fe-
male offenders in our sample as a more urban, early-onset, prolific,
persistent, and disruptive subset of the female prison population,
they were not uniform in their various crimes. The vast majority
of the 1,376 versatile offenders were found guilty of public-order
offenses—46.1 percent of public-order and theft offenses, 16.8 percent
public-order and violent offenses, and 14.4 percent public-order and
LeBlanc and Loeber, “Developmental Criminology Updated”; Loeber and LeBlanc,
11
“Toward a Developmental Criminology”; Moffitt, “Adolescence-Limited and Life-Course
Persistent Antisocial Behavior”; Jeffrey M Ackerman and D. Kim Rossmo, “How Far to
Travel? A Multilevel Analysis of the Residence-to-Crime Distance,” Journal of Quantitative
Criminology, XXXI (2015), 237–262; Per-Olof H. Wikstrom, Urban Crime, Criminals, and
Victims: The Swedish Experience in an Anglo-American Comparative Perspective (New York,
1991); Sally S. Simpson, Jennifer L. Yahner, and Laura Dugan, “Understanding Women’s
Pathways to Jail: Analysing the Lives of Incarcerated Women,” Australian and New Zealand
Journal of Criminology, XLI (2008), 84–108. For more information about the risk factors
historically associated with female imprisonment and recidivism, see also Piper and Nagy, “Risk
Factors and Pathways to Imprisonment among Incarcerated Women in Victoria, 1860–1920”
(forthcoming).
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V E R S A T I L E O FF E N D I N G | 203
various other offenses. The next largest groups contained those who
committed three distinct types of crime—5.9 percent public-order,
theft, and violent offenses and 5.6 percent public-order, theft, and
other offenses. Smaller proportions occupied the remaining offense-
category combinations. Only 1.5 percent (twenty women) committed
crimes in all four offense groups.
A closer look at specific offenses reveals even greater diversity
in offending patterns, particularly regarding degrees of specializa-
tion and levels of recidivism (see Table 3). Although 50.8 percent
of the women convicted of theft were versatile offenders, a break-
down of women within that category shows that the proportion
comprised by versatile offenders ranged from 83.3 percent of the
108 women convicted of burglary to 25.9 percent of the fifty-four
women convicted of false pretences, the most common type of
fraud. The lower level of recidivism among women convicted
of false pretences might be responsible for this lower level of ver-
satility. However, although the mean number of total convictions
for women convicted of false pretences (5.41) was lower than that
for those convicted of some theft offenses, it was also higher than
that for those convicted of others, like robbery (4.6), that had a
large proportion of versatile offenders (71.2 percent). Moreover,
the fact that women convicted of obtaining money or goods by
false pretences had the highest mean average of theft convictions
(3.8) suggests that the issue was not recidivism but a more special-
ized offending pattern.
In contrast, burglary, in addition to having the highest pro-
portion of versatile offenders, also had the highest mean number
of total convictions (13.64) for any theft offense, the primary
cause being an elevated mean number of convictions for public-
order offenses (9.82). Public-order offenses dominated the overall
conviction records of women convicted of pickpocketing and
larceny as well. The occasional thefts in such women’s records
were probably connected to their more general participation in
deviant sub-cultures and activities; scholars of prostitution note
that the sex trade historically provided abundant opportunities for
women to rob men in brothels and hotels, as well as on the streets.12
Piper, “‘Us Girls Donʼt Put One Another Away’: Relations among Melbourneʼs Prostitute
12
Pickpockets, 1860-1920,” Womenʼs History Review (forthcoming 2017), available now at doi
10:1080/09612025.2017.1321613.
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204
| A L A N A JA Y N E P I P E R AN D V I C T O RI A N A G Y
Unlike the case of theft, in which the most serious offenses
(burglary, robbery, and pickpocketing) showed the highest pro-
portion of versatile offenders, the kinds of violence most associated
with mixed offending were the less serious ones. Of the 456 women
convicted of nonfatal violence, 62.3 percent were versatile offenders.
The average number of convictions among these women was 7.45,
higher than that found in any theft offense except burglary. Contem-
porary findings tend to confirm that violent offenders commit more
offenses than nonviolent ones. As in theft, however, most of the
convictions that violent offenders accumulated appear to have been
for public-order offenses; the mean average of public-order offenses
among women convicted of nonfatal violence is 4.88.
The combination of recidivism and versatility was far lower
among the ninety-four women convicted of homicide; their mean
average of 1.78 total convictions suggests that most of these homi-
cides were single convictions. Other historical studies usually con-
struct homicides by women less as instances within a pattern of
criminal activity than as aberrant episodes prompted by extreme
circumstances—often a response to domestic violence or the stigma
attached to unmarried motherhood. Contemporary literature like-
wise suggests that murders committed by women are generally
one-time events linked to family relationships and/or bouts of
mental illness. The few versatile offenders convicted of homicide
in our sample were mostly convicted of one or two public-order
offenses, such as drunkenness or vagrancy, following their in-
carceration, possibly indicating a difficulty in adjusting to life after
an extended sentence. Only three women appear to have led a life
of crime and disorder prior to their homicide convictions; Louisa
Davis, the most persistent of the three, had twenty-six convictions
between 1890 and 1911, one of which was for stabbing a female
neighbor to death in 1891.13
Loeber et al., “Constancy and Change in the Prevalence and Frequency of Offending
13
When Based on Longitudinal Self-reports or Official Records: Comparisons by Gender,
Race, and Crime Type,” Journal of Developmental and Life-Course Criminology, I (2015),
150–168; Piquero, “Frequency, Specialization and Violence in Offending Careers,” Journal of
Research in Crime and Delinquency, XXXVII (2000), 392–418; Kathy Laster, “Arbitrary Chivalry:
Women and Capital Punishment in Victoria, 1842–1967,” in David Philips and Susanne Davies
(eds.), A Nation of Rogues: Crime, Law and Punishment in Colonial Australia (Melbourne, 1994),
166–186; Adam Louis Mahoney and Thanos Karatzias, “Violent Female Offending: An Explo-
ration of Repeat and One-Time Offending,” International Journal of Forensic Mental Health, XI
(2012), 191–202.
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V E R S A T I L E O FF E N D I N G | 205
Public-order offenses generally saw lower proportions of ver-
satile offenders than did convictions for nonfatal violence or most
kinds of theft. The 2,984 women convicted of vagrancy or in-
sufficient means of support had the lowest proportion of versatile
offenders of any public-order offense, 29.8 percent, as well as the
lowest mean average of total convictions, 5.9—surprising results
given the many women subjected to this charge, and the scholarly
contention that officials often resorted to a charge of vagrancy to
curtail prostitution in Victoria. If the vast majority of women con-
victed of vagrancy were prostitutes, the scrutiny that such activity
received would likely have resulted in a higher recidivism rate than
the one on record. Among the 423 women convicted specifically
of prostitution-related offenses like soliciting, however, the aver-
age number of convictions was 8.71, the product of not only an
elevated number of public-order but also theft offenses. Hence,
the majority of vagrant women appear to have come from the
ranks of the poverty-stricken rather than from a specific sub-group
of prostitutes, or at least not from prostitutes who were chronically
involved in crime or the delinquent street sub-culture associated
with the trade. Charges of drunkenness, disorderly conduct, and
obscene language rather than vagrancy were more likely the pri-
mary means of policing prostitution, since these categories showed
far higher rates of recidivism and far higher proportions of versa-
tile offenders. Women convicted of obscene language had a par-
ticularly high proportion of versatile and highly recidivist offenders,
and were more likely than other offenders to amass convictions
for violence.14
A miscellaneous form of property damage that deserves special
attention is breaking windows or panes of glass; it has the strongest
association with versatile offending (95.3 percent of the eighty-six
women) and the highest average recidivism rate (17.7 convictions).
An unusually high proportion of those who committed this offense
also had convictions for theft and violent crime. In most instances,
it was not linked, as might be expected, to attempted theft or
burglary. Rather, it appears that breaking windows was a common
form of vengeance among women from criminal sub-cultures. For
example, as John Castieau, Melbourne’s Gaol Superintendent,
noted in July 1870: “Joe Thompson the betting man & the Proprietor
14
Frances, Selling Sex.
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206
| A L A N A JA Y N E P I P E R AN D V I C T O RI A N A G Y
of the Continental Cafe came up this afternoon to see a woman who
in revenge for not being allowed inside the Cafe took up a stone &
smashed one of the large plate glass windows of the establishment;
it seems that females are not allowed inside the cafe but that the
waitresses who are dressed in fancy costumes are not any better than
they should be & consequently the outsiders have a down upon
them & their place of business which of course is frequented by most
of the loose fish of Melbourne. Thompson is afraid the woman I
spoke about will smash his windows again if she is released from prison
& he visited her in the hope of inducing her to go to New Zealand
where she has friends.”15
Freeman, author of Lights and Shadows of Melbourne Life, like-
wise recorded that “smashing windows” was one of the favorite
amusements of “larrikins” (youthful delinquents). The high cor-
relation of this offense with serious and persistent offending is
ironic, and potentially significant, given that one of the main argu-
ments for policing minor or public-order offenses, as enshrined in
the “broken windows” theory, was that such offenses produced
criminal environments (discussed below).16
BROKEN WINDOWS: ZERO TOLERANCE OR LABELING? The tendency
of historians to focus on specific types of offense has largely obscured
the problems surrounding a significant minority of female pris-
oners, who comprised a majority of serious and recidivist offenders.
The practice of analyzing crime and criminality within particular
categories derives from the nineteenth century, when governments
began annual compilations of crime statistics. Historians later
adopted the classifications used in these reports, despite arguments
that other coding would be preferable. Yet late nineteenth-century
commentators were far from unaware of offenders’ propensity to
mix minor and serious criminal acts, even drawing attention to par-
ticular subtypes—prostitutes robbing customers, vagrants breaking
and entering, or drunks given to fits of violence. In their work
on female offenders, Lombroso and Ferrero speculated that female
John B. Castieau, The Diaries of John Buckley Castieau (1855–1884), MS 2218, National
15
Library of Australia; John Freeman, Lights and Shadows of Melbourne Life (London, 1888).
16 George L. Kelling and James Q. Wilson, “Broken Windows: The Police and Neighbour-
hood Safety,” The Atlantic (March 1982), available at https://www.theatlantic.com/magazine/
archive/1982/03/broken-windows/304465/.
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V E R S A T I L E O FF E N D I N G | 207
“born criminals” were more prone to versatility than men, special-
izing “in not just one but several types of crime.” For instance,
among prostitutes, such “mild crimes like theft, blackmail and stab-
bing” were supposed to be a “frequent occurrence.”17
Two criminological theories appear especially relevant to
explaining the data in this article—the broken-windows theory
(and its corresponding response, zero-tolerance policing) and
labeling or social-exclusion theory. Wilson and Kelling maintained
that the effect of unpoliced petty crime on a neighborhood can
result in an escalation to more serious interpersonal infractions.
In their view, physical incivility (like drawing graffiti, littering,
or breaking windows) and behavioral incivility (like public urina-
tion, street prostitution, and rowdiness) created “no-go zones” for
law-abiding members of society and hot spots for crime. The sug-
gested response, especially popular in the United Kingdom and
the United States since the 1980s, was a zero-tolerance policy,
which involved a strict policing of petty crime and, to a lesser
extent, neighborhood-rejuvenation programs. Australia did not
embrace this style of policing to the same extent; offenses that
once met with zero tolerance there—such as public drunkenness,
obscene language, and disorderly conduct—have generally attracted
more lenience since the 1970s. Unlike the zero-tolerance perspec-
tive, labeling and social exclusion theories maintain that criminals
and non-criminals do not differ in any meaningful way. According
to these theories, society’s response to deviants—especially as re-
flected in the media and the criminal-justice system but also in the
larger community—is ultimately what determines whether mis-
creants will reform or become more deeply ensconced in crime.18
Finnane and Piper, “The Prosecution Project: Understanding the Changing Criminal Trial
17
through Digital Tools,” Law and History Review, XXXIV (2016), 873–891; Cesare Lombroso and
Guglielmo Ferrero, Criminal Woman, the Prostitute and the Normal Woman (Durham, 2004), 182–221.
18 Although other criminological theories that aim to explain criminality from an indi-
vidual’s perspective are applicatble (for example, general-strain, psychological, feminist, post-
modern, cultural-criminology, Marxist theories, etc.), theories that work on a situational and
social level can be more fruitful in a quantitative, longitudinal project like this one with a large
cohort. Labeling theories have evolved into social-exclusion theories that are more nuanced;
the original labeling theories could not explain initial criminal behavior, certain forms of
property crime, nor labels in their useful form (for example, re-integrative shaming—labeling
people to reform them). Kelling and Wilson, “Broken Windows”; Howard Becker, Outsiders:
Studies in the Sociology of Deviance (London, 1963); Peter N. Grabosky, “Zero Tolerance
Policing,” Trends and Issues in Crime and Criminal Justice No.102 (Canberra, 1999).
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208
| A L A N A JA Y N E P I P E R AN D V I C T O RI A N A G Y
Did awareness of the potential for minor offenses to develop
into more serious crime influence policing practices? Was the hard
line taken against public-order offenses in Victoria during the late
nineteenth and early twentieth century an anticipation of the
“broken windows” theory? The increase in the rate of female
imprisonment during the 1870s has generally been attributed to
Melbourne’s crackdown on the rampant prostitution and “loose”
conduct that arose during the mining boom of the 1850s and
1860s. Yet these concerns were also linked to more general fears
about a growing “criminal class” in Melbourne guilty of practices
much worse than moral peccadilloes. Efforts by authorities to
“clean up” the city and make it more cosmopolitan and inviting
to visitors and residents alike pre-dated the “broken windows” ap-
proach by almost a century. At any rate, according to McConville,
the areas targeted by police shifted across the study period, from
the central business district of Melbourne in the early years to its
inner-city suburbs by the early 1900s. Zero-tolerance policing
attempts appear to have been successful on the surface; women
entering the system during the 1870s were likely to remain low-
level recidivists convicted of public-order offenses only. However,
there is no clear evidence that such women would have become
problem offenders otherwise or that imprisonment was the deter-
mining factor in their desistance.19
Women who first entered prison because of violence or theft
were the ones most likely to be over-represented among those who
became versatile offenders (see Table 1). Rather than using public-
order offenses to deter women from an escalation to more serious
crimes, police might have used them to detain women who were
serious offenders but difficult to prosecute accordingly. Nineteenth-
century juries in Victoria—as in most jurisdictions then and now—
were far less inclined to convict women than men. Instances
appear in which police charged women with public-order offenses
while also initiating more serious prosecutions against them,
likely as backup should the felony charges fail. The knowledge
that women with histories of theft and violence might continue
committing such offenses with impunity may have encouraged
19 McConville, “Location of Melbourne Prostitutes”; idem, “From ‘Criminal Class’ to
‘Underworld,’” in Graeme Davison, Dunstan, and idem (eds.), The Outcasts of Melbourne: Essays
in Social History (Sydney, 1985), 69–90.
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V E R S A T I L E O FF E N D I N G | 209
police to harass these women after release. But re-arresting them
more frequently and segregating them from the support of fam-
ily and friends may instead have instigated these women to par-
take in more crime. Within the context of labeling theory,
Tannenbaum refers to this cycle as the “dramatization of evil,”
wherein the community seeking to prevent crime or morally sus-
pect behavior actually creates an environment conducive to more of
it occurring.20
The labeling and monitoring of offenders by the police dur-
ing the late nineteenth century was facilitated in large part by the
prison registers; apart from written descriptions of offenders, the-
se files included photographs that helped officers to recognize
former prisoners as they patroled their beat. Offenders common-
ly complained that this level of scrutiny impeded their ability to
resume a normal life, all but guaranteeing their return to prison.
Janet Dibben, one of the women in the sample, wrote a poem about
her experiences in Melbourne gaol that alluded to the practice of
ambitious policemen apprehending known offenders to increase
their arrest quotas: “When you go out it’s now beware, / The
bobbies are watching you everywhere; / It’s when you go out,
and when you come in / They want a stripe, and that is the thing.”
Dibben also wrote that it was not only police that singled former
female prisoners out; family and friends also rejected them for their
fall from respectability.21
Some contemporary studies show that the social exclusion
of women due to criminal involvement, which exceeds that of
men, may well contribute significantly to recidivism. Many female
offenders feel impelled to conform to the label of social outcast
thrust upon them, indulging in disorderly behavior that makes
them easy prey for attentive police. Likewise, in Victoria, as the
number of women imprisoned declined, those who were incar-
cerated might have become even more of an outcast group, thus
accounting for the rising proportion of recidivist and versatile
offenders toward the end of the period under study (see Figure
1). In that case, the best explanation for the over-representation
Frank Tannenbaum, Crime and Community (Boston, 1938).
Janet Dibben, Songs and Recitations; Written and Composed from Experience by a Lady That
20
21
Has Travelled (St. Kilda, 1904), 8–10.
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| A L A N A JA Y N E P I P E R AN D V I C T O RI A N A G Y
of violence and theft offenders among versatile offenders may well
be, broadly, the labeling or social-exclusion theories.22
A significant minority of all female prisoners mixed minor or
public-order offending with the more serious crimes of theft or
violence; such women comprised the majority of the most trouble-
some and recidivist of offenders. The results presented herein also
show the considerable variation of longitudinal offending behavior
evident within the broad categories of property, personal, and
public-order offenses. This variation limits the usefulness of such
groupings as a means to discuss offender “types.” The average
woman convicted of vagrancy appears to have been on a vastly dif-
ferent criminal career trajectory from the one convicted of obscene
language—not to mention the different outlooks for women con-
victed of murder compared to assault, or even burglary compared
to false pretences.
These findings indicate that the traditional approach of exam-
ining crime and criminality predominantly through separate of-
fense categories obscures important patterns, and that versatile
offending warrants greater attention than it has currently received
in criminal-justice history. The marriage of longitudinal crimino-
logical research issues to traditional historical methodologies, such
as microhistory, offers fresh possibilities for exploring past criminal
behavior. In particular, more longitudinal studies of the criminal
careers of both historical and contemporary offenders are necessary
to explain changes in the proportions of versatile offenders over
time, and the relationship of such patterns to the incidence of
crime committed by women—or men, for that matter—in society
overall. Such research may have important implications for polic-
ing and sentencing strategies adopted to limit serious and persistent
offending.
Felipe Estrada and Anders Nilsson, “Does It Cost More to Be a Female Offender? A
22
Life-Course Study of Childhood Circumstances, Crime, Drug Abuse, and Living Conditions,”
Feminist Criminology, VII (2012), 196–219.
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