Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.
|
See also:RAPE (from See also:Lat. rapere, to seize)
, in See also:law, the See also:crime of having carnal knowledge of a woman by a See also:man, not her See also:husband, forcibly and unlawfully against her will
.
Under the See also:Mosaic law, See also:rape was punished with See also:death, if the damsel was betrothed to another man, and with a See also:fine of fifty shekels if not so betrothed, while in this See also:case, also, she was to be the wife of the ravisher all the days of his See also:life (Dent. xxii
.
25)
.
The Romancivil law punished rape with death and See also:confiscation of goods (See also:Cod
.
L
.
IX. tit
.
13)
.
In See also:England, under the Saxon law—adopted, probably, from a See also:Teutonic See also:code—death was also the See also:penalty, but under the See also:Normans this was changed to the loss of both eyes and castration; this See also:punishment remained in force until after the See also:time of See also:Bracton (de Corond, f
.
147)
.
The See also:statute of See also:Westminster I
.
(1275) reduced the offence to a trespass, with a penalty of two years' imprisonment and a fine at the See also: (1285) again declared the offence a See also:felony, with, however, benefit of See also:clergy . This was the See also:state of the law until 1575, when the punishment was made more severe by taking away the benefit of clergy . The offence remained See also:capital until the Offences against the See also:Person See also:Act 1861, by which and subsequent amending acts it is now regulated . The See also:present punishment is penal See also:servitude for life or for not less than three years or imprisonment with or without hard labour for not over two years . The law of England (differing in this respect from the See also:civil law) regards as immaterial whether the woman is chaste or unchaste, married or single, provided the offence has been committed forcibly and without her consent . The offence is See also:complete if consent is extorted by means of threats of death or immediate bodily harm, by See also:fraud or by false pretences or See also:representation, such as the impersonation of a woman's husband (Criminal Law See also:Amendment Act 1885) . Since the passing of the Criminal Law Amendment Act 1885, it is a felony, entailing the same punishment as rape, to have carnal knowledge of a girl under 13 years, whether she consent or not . Between 13 and 16 years of See also:age it is a criminal offence punishable by two years' imprisonment, whether consent is given or not, and even if there be solicitation; but if the See also:jury is satisfied that the person charged has reasonable cause to believe the girl to be over 16 years, the accused is entitled to be acquitted . See also:Prosecution must be within three months of the offence . The See also:administration of any See also:drug or See also:matter, with See also:intent, by producing stupor, to facilitate' the accomplishment of the crime, is an offence punishable by two years' imprisonment . On See also:indictment for rape there may be an acquittal on the actual See also:charge, but a conviction either of the See also:attempt or of an indecent See also:assault . In charges of rape, from the nature of the offence, the important See also:witness is the woman, and it is essential, apart from medical See also:evidence (see MEDICAL See also:JURISPRUDENCE), that her See also:story be corroborated by evidence implicating the accused . The following points have, of See also:necessity, to be considered . (1) As to the See also:general credibility of the witness and how far her story is to be believed; evidence, therefore, may be given to show that she is of immoral See also:character . (2) As to whether she has made complaint immediately after the alleged See also:outrage and to whom . (3) As to the See also:place where the outrage was alleged to have been committed and the possibility of her being heard if she cried out . In the See also:United States, rape is universally treated as a felony, and the punishment is either death, imprisonment for life, or imprisonment for a number of years, varying in the different states . In the case of offences against See also:young girls, there is a divergence in the various states as to the age of consent, though the trend of legislation has been to raise it . In See also:North and See also:South Carolina, and See also:Georgia, the age of consent is as See also:low as 10 years, and in See also:Kentucky and See also:Louisiana, 12 years . In nineteen states the age of consent is 14 years . In one (See also:Texas) 15 years . In six, it is 16 years . In See also:Wyoming, New See also:York, See also:Colorado and See also:Kansas it is as high as 18 years . The essential facts to be proven in See also:order to constitute this crime are the same as in England, but in many of the states the uncorroborated evidence of the woman is sufficient to sustain a conviction . This is so in See also:California, See also:Arizona, See also:Idaho, See also:Missouri, Kentucky, See also:Michigan, See also:Illinois, See also:Oklahoma, &c . [1904; See also:Brenton v . Territory, 78 Pac . See also:Rep . 83] . In New York corroboration is required [Penal Code §283] . In See also:Nebraska also evidence corroborating the prosecutrix is necessary [1907; Burk v . State, 112 N.W . Rep . S73] . In Texas it is no See also:defence for accused to prove that he believed the prosecutrix to be over 15 years of age, the age of consent [1907; See also:Robertson v . State, 102 So . W . Rep . 1130], and the crime is punishable with death [1903; Reyna v . State, 75 So . W . Rep . 25], as also apparently it is in the See also:Indian See also:country [ U.S. v . Partello, 48 Fed . R . 67o U.S . Rev . Stats . § 53451, also in See also:Alabama [Criminal Code, § 5444] . In See also:Hawaii there is no age of consent for rape, which is punish-able by $l000 fine and imprisonment at hard labour for life; the carnal knowledge of See also:females under ro years is punishable with death or imprisonment for life [Rev . L . 1905, §§ 2927, 2928] . In See also:Porto Rico the age of consent is 14 years and the punishment not less than five years [See also:Pen . Code 1902,§25J] . |
|
|
[back] RAPE (Lat. rapum or rapa, turnip) |
[next] RAPE OIL |
There are no comments yet for this article.
Do not copy, download, transfer, or otherwise replicate the site content in whole or in part.
Links to articles and home page are encouraged.