RAPE is the crime of havino. against knowledge of a woman aainst her consent and by force. The essence of the havingis that force be used, and it immaterial what is the of the woman, and whether she is married or single, chaste or unchaste. The only 'difference caused by the habitual unchastity of the woman is that in such a case it is less easy to satisfy the jury that the element of consent was wanting. The two ele ments of rape are the carnal knowledge and the force used. As to the element of resist ance on the part of the woman, or force on the part of the man, several niceties often occur in the application of the law, from the great variety of circumstances attending this crime. With regard to an idiot woman, it has been held that it is not necessary to prove resistance on her part, and that the crime may be committed though she made no resistance. If consent be extorted by fear and threats, or where several men join together, and resistance is useless, this is the same as using violence to overpower the woman. Where the woman is stupefied by drink, so that the power of resistance is annihilated, it is the same as knocking her down. In a case, however, where force is used in the first instance, but the woman afterward in some degree consents, the crime of rape will not be committed, though the evidence may establish the crime of assault. Sonic difficult cases have occurred with reference to married women who have been beguiled by men personating their husbands, and so been, in a certain sense, cheated out of their consent. But it has been repeatedly decided by a majority of the court, both in England and Scotland, that such an offense was not rape.
One of the important circumstances attending the crime of rape is the mode of proof, and in this respect it differs from other crimes. It is held to be all hut essential, as a corroboration of the woman's story, that if her cries of resistance were not heard; at all events she should have, immediately after the offense, complained on the first opportu nity to her friends or relations. It is not allowed to give in evidence the particulars of such complaint, but merely the fact that she matte a complaint against some person. this important particular be proved, her evidence is looked upon with great sus picion, and may be discredited by the jury, unless there were peculiar circumstances to account for the want of such complaint. One of the common defenses to a charge of
rape is the unchastity of the woman, the object being to render it unlikely that she did not consent, and hence it is in practice considered a proper question for the prisoner's counsel to put to her, whether she had not had connection with the prisoner before or with other men; but at the same time she is cautioned by the judge that she is not bound to answer such questions unless site likes. If, however, she denies the accusation, wit nesses may be called to contradict her on that point.
The crime of rape is felony by the law of England, and is punishable by penal servi tude for life, or for not less than three years, or by imprisonment not exceeding two years, with or without hard labor. Of late attempts have been made to add flogging or corporal punishment to the other punishment, but hills having that object have been thrown out of parliament. There are several other crimes in the same category as rape, but punishable under separate enactments. Titus, the crime of having carnal connection with agirl under the age of 10 years is felony, and punishable like rape. Whoever has car nal connections with a girl who is between the age of 10 and 12 years, is guilty of a misde meanor, and liable to penal servitude for three years, or imprisonment for two years with bard labor. Consent of the girl in these two cases is immaterial. The forcible abduction of women is divided into two offenses. Wherever a woman of any agd has property, and is forcibly taken away with intent to marry or carnally know her, the offense is felony, punishable by penal servitude of three to fourteen years, or two years' imprisonment. Again, if a girl, though having no property, is under the age of 21, and is fraudulently allured or taken away out of the possession of her parents or guardians, with intent to marry or carnally know her, this is felony, punishable as in the preceding case. In order to the commission of the latter offense, an improper motive is necessary on the part of the man, but the consent of the girl is of no consequence.