Common scold

Punishing a common scold in a ducking stool

In the criminal common law of England and Wales, a common scold was a type of public nuisance. The term was applied to a woman who caused trouble and who disturbed the peace by arguing and fighting with her neighbours all the time. The Latin language name for this type of woman was communis rixatrix. This name's grammar only applies to females. This makes it clear that only women could commit this type of crime.

When British people first went to the North America, they took this crime with them.

The crime was often punished by "ducking". Ducking meant that the offender was placed in a chair over a river or pond. They were then lowered into the water, until they were all in the water. This was done several times. Few people were actually convicted of being a common scold, but it remained a crime listed on the law books of England and Wales until 1967. Because it applied only to women, it was eventually banned in the United States. This was because the U.S. Constitution (the highest law in the U.S.) does not allow people to be treated differently from each other. This comes from a section of the Constitution called the Equal Protection Clause.


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