RANSOM BILL. A contract for pay ment of ranso:u of a captured vessel, with stipulations of safe-conduct if she pursue a certain course and arrive in a certain time. If found out of time or course, the safe-con duct is void. Wheaton, Int. Law, 107*. The payment cannot be enforced in England, during the war, by an action on the contract, but can in this country. 1 Kent, Comm.104, 105 ; 4 Wash. C. C. 141; 2 Gall. C. C. 325.
RAPE (Lat. rapere, to snatch, to seize with violence). In Criminal Law. The carnal knowledge of a woman by a man forcibly and unlawfully against her will.
The statute of Westminster 2, c. 34, defines the crime to be where "a man do ravish a wo man, niarried, maid, or other, where she did not consent neither before nor after." And this statute definition has been adopted in several very recent cases. Addenda to 1 Den. Cr. Jas.; I Bell, Cr. Cas. 63, 71.
2. Much difficulty has arisen in defining the meaning of carnal knowledge, and differ ent opinions have been entertained,—some judges having supposed that penetration alone is sufficient, while others deemed emis sion an essential ingredient in the crime. Hawkins, Pl. Cr. b. 1, c. 41, s. 3 •, 12 Coke, 37 ; 1 Hale, Pl. Cr. 628 ; 2 Chitty, Crirn. Law, 810. But in modern times the better opinion seems to be that both penetration and emis sion are not necessary. 1 East, Pl. Cr. 439 ; 3 Greenleaf, Ev. 410 ; 2 Bishop, Crim. Law, 942. It is to be remarked, also, that very slight evidence roay be sufficient to induce a jury to believe there was emission. Add. Penn. 143 ; 2 Const. So. C. 351 ; 1 Beck, Med. Jur. 140 ; 4 Chitty, Blackst. Comm. 213, note 8. In Scotland, emission is not requisite. Alison, Scotch Law, 209, 210. See EMIS SION ; PENETRATION.
3. By the term man in this definition is meant a male of the human species, of the age of fourteen years and upwards; for an — infant under fourteen years is supposed by law incapable of committing this offence. 1 Hale, PI. Cr. 631; 8 Carr. & P. 738. But not only can an infant under fourteen years, if of sufficient mischievous discretion, but even a woman may be guilty as principal in the second degree. And the husband of a woman may he a principal in the second de gree of a rape committed upon his wife: as, where he held her while his servant com• mitted the rape. 1 Hargrave, St. Tr. 388.
4. The knowledge of the woman's person must be forcibly and againat her wilt ; and if her consent has not been voluntarily and freely given (when she has the power to con sent), the offence will be complete, nor will any subsequent acquiescence on her part do away the guilt of the ravisher. A consent
obtained from a woman by actual violence, by duress or threats of murder, or by the administration of stupefying drugs, is not such a consent as will shield the offender or turn his crime into adultery or fornication : and if the connection took place when she was in a state of insensibility from liquor, having been made drunk by the prisoner, though the liquor was given only for the pur pose of exciting her, it is a rape. 1 Den. Cr, Cas. 89 ; 1 Carr. & K. 746. Having carnal knowledge of a woman by a fraud which in duces her to suppose it is her husband, does not amount to a rape. Russ. & R. 487 ; 6 Cox, Cr. Cas. 412 ; Dearsl. Cr. Cas. 397; 8 Carr. & P. 26&, 286 ; 1 Carr. & K. 415. But there can be no doubt that the party is liable in such case to be indicted for an assault.
5. The matrimonial consent of the wife cannot be retracted; and, therefore, her hus band cannot be guilty of a rape on her, as his act is not unlawfid. But, as already observed, he may be guilty as principal in the second degree.
As a child under ten years of age is in capable in law to give her consent, it follows that the offence may be committed on such a child whether she consent or not. See stet. 18 Eliz. c. 7, a. 4.
It has been questioned whether rape was a felony at common law, or was made one by a statute in the reign of Edward I. The benefit of clergy was first taken away by a statute of Elizabeth. By a statute of Vic toria, the offence is no longer punishable with death, but, at most, with transportation for life ; previous to that statute, the capital pun ishment was almost invariably enforced.
See, as to the possibility of committing.a rape, amd as to the signs which indicate it, 1 Beck, Med. Jur. c. 12 ; Merlin, Repert. Vio/.; 1 Briand, Med. Leg. lere partie, c. 1, • p. 66 ; Biessy, Manuel Medico-Legal, etc., p. 149 ; Parent Duchatellet, De la Prostitu tion dans la Ville de Paris, c. 3, 5 ; Barring ton, Stat. 123 ; 9 Carr. & P. 752; 2 Pick. Mass. 380 ; 12 Serg. & R. Penn. 69 ; 7 Conn. 54 ; 1 Cond. So. C. 354; 2 Va. Cas. 235.
In English Law. A division of a county similar to a hundred, but oftentimes contain ing in it more hundreds than one.