There is a recent trend in legislation in this country in the direction of raising the age of consent. This has resulted from a very active agitation on the subject largely promoted by the societies for the preven tion of cruelty to children and persons devote themselves especially to the promo tion of social purity. In most of the states there are statutes, some of which are ex tremely drastic. . The age of consent is made twelve years in Kentucky, Louisiana, Vir ginia ; fourteen years in Alabama, Illinois, Indiana, South Carolina, Wisconsin ; fifteen years in Texas ; sixteen years in Minnesota, Montana, Oregon, Pennsylvania; eighteen years in Delaware, Colorado, Flori da, Kansas, Missouri, Nebraska (chaste fe male, otherwise fifteen), Tennessee (chaste female, otherwise twelve), Washington, and Wyoming. See Kerr's Wharton's Cr. L. § 682.
By act of congress of March 4, 1909, it is 16 years on the high seas or on any waters with in the maritime jurisdiction of the United States and out of the jurisdiction of any state, or out of the jurisdiction of any state on board any United States vessel ; or on registered vessels on the Great Lakes, and on lands under the exclusive jurisdiction of the United States.
In England (act of 1888) carnal knowledge of a girl under 13 with or without consent is a felony ; between 13 and 16, a misdemean or; it is a defence that the prisoner had reasonable cause to believe that the girl was above 16. One who has such carnal knowl edge, without her consent, can also be con victed of rape.
Belief that the girl was over the consent age is not a defence; People v. Ratz, 115 Cal. 132, 46 Pac. 915; State v. Sherman, 106 Ia. 684, 77 N. W. 461; nor such belief after using reasonable care to ascertain her age ; Man ning v. State, 43 Tex. Cr. R. 302, 65 S. W.
920, 96 Am. St. Rep. 873. Such belief cannot be used by the jury in mitigation of punish ment ; Smith v. State, 44 Tex. Cr. R. 137, 68 S. W. 995, 100 Am. St. Rep. 849. Want of knowledge is no defence; People v. Griffin, 117 Cal. 583, 49 Pac. 711, 59 Am. St. Rep. 216; nor the fact that the girl was large for her age and was strong; State v. Bailor, 104 Ia. 1, 73 N. W. 344.
Her relations with other men cannot be shown as tending to prove want of chastity ; People v. Currie, 14 Cal. App. 69, 111 Pac. 108; nor that she made no complaint; Levy v. Territory, 13 Ariz. 425, 115 Pac. 415.
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.
The proofs on the person of the woman of the commission of rape may be completely wanting; the relaxed condition of the vulva and vagina in women who have borne chil dren, or who have experienced frequent con nections, frequently precludes the appear ance of the signs of violence.
Signs of implanted venereal disease may be found, and in young girls and virgins the indications of a recently ruptured hymen are to be looked for.
See 1 Beck, Med. Jur. c. 12 ; Merlin, Rdpert.' Tqo/.; Biessy, Manuel Mddico-Ldgal, etc., 149; Parent-Duchatellet, De la Prostitution, etc., c. 3, § 5; 2 Bish. N. Cr. L. ch. xxxvi; McClain, Cr. L.; 2 Witth. & Beck. 415-477; 80 Am. Dec. 361, note; CARNALLY KNEW.
In English Law. A division of a county found only in Sussex, and intermediate be tween a county and a hundred. Vinogradoff, Engl. Soc. 97.