Access

2 Going to or with: approach, intercourse, or opportunity therefor. Opposed, non-access. In a special sense, refers to sexual intercourse between a husband and wife, and imports its occurrence or opportunity of communicating for that purpose. The presumption that children bom in lawful wedlock are legitimate, may be rebutted by evidence showing that there could have been no intercourse. Where there were opportunities for intercourse, evidence to establish impotency is generally not admitted. Nonaccess is not presumed from the mere fact that the parties lived apart in the same country.^ A parent will not be permitted to prove non-access for the purpose of bastardizing issue bom in wedlock. The admission of such testimony would be unseemly and scandalous; it would reveal immoral conduct in the parents, and the child, who is in no fault, would be the chief sufferer. Modem statutes allowing parties to testify in their own behalf have not changed this rule of law.*