See also:law, the
See also:crime of having carnal knowledge of a woman by a man, not her
See also:husband, forcibly and unlawfully against her will . Under the
See also:Mosaic law, 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 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 confiscation of goods (
See also:Cod . L . IX. tit . 13) . In England, under the Saxon law—adopted, probably, from a Teutonic 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 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:king's will . This lenity, it is said, produced terrible
See also:con-sequences, and, accordingly, the statute of Westminster II .
(1285) again declared the offence a
See also:felony, with, however, benefit of
See also:clergy . This was the state of the law until 1575, when the punishment was made more severe by taking away the benefit of clergy . The offence remained capital until the Offences against the
See also:Act 1861, by which and subsequent amending acts it is now regulated . The
See also:present punishment is penal 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 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 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 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 attempt or of an indecent assault . In charges of rape, from the nature of the offence, the important witness is the woman, and it is essential, apart from medical 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 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 character . (2) As to whether she has made complaint immediately after the alleged
See also:outrage and to whom . (3) As to the 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 South Carolina, and
See also:Georgia, the age of consent is as 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:Colorado and 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 inCalifornia,
See also:Missouri, Kentucky, Michigan,
See also:Illinois, Oklahoma, &c . [1904;
See also:Brenton v . Territory, 78 Pac .
See also:Rep . 83] . In New York corroboration is required [Penal
See also: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 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:country [ U.S. v . Partello, 48 Fed . R . 67o U.S . Rev . Stats .
§ 53451, also in
See also:Alabama [Criminal Code, § 5444] . In 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] .
RAPE (Lat. rapum or rapa, turnip)
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