Rape

5 The carnal knowledge of a woman forcibly and against her will. 6 " It is not easy to express in one definition all the refinements of the decisions upon this subject, espe- ' Perry County u Selma, &c. E. Co., 58 Ala. 557 (1877). = [Wood V. United States, 15 Ct. CI. 159 (1879), Richardson, J. > See 4 Bl. Com. 380; Litt. 127. « Maissonnaire v. Keating, 2 Gall. 325, 337-38 (1815), Story, J. ' Mid. Eng. rape, haste, hurry; seizure by force. A popular etymology cpnnectB it with L. rapere, to seize hastily,

— Skeat. «4 Bl. Com. 210; Commonwealth v. Fogerty, 8 Gray, 490 (18157); 143 Mass. 37; 105 id. 376; 11 Ark. 409; 9 Ha. 182; 52 Ind. 187; 25 Mich. 859; 29 id. 284; 14 Neb. 207; cially as statutoiy definitions differ, and peculiar cases may be stated which are punishable as rape in some jurisdictions while not in others." By the current of authorities, and by statutes, proof of penetration is all that is required; actual violence is not now necessary. If the act was committed without consent, — as where the woman is stupefied by drugs or liquors, or is deceived as to the nature of the act,. or is overcome by diwess or threats of murder,— the case may be rape, although there was no actual, continued resistance. A girl under ten is not competent to consent 1 (see Seduction), nor is an older female of insane mind. Man-iage gives permanent, irrevocable consent. = A male child under fourteen is not conclusively presumed to be incapable of committing the crime.' An assault with intent to commit rape is generally punishable as a distinct offense. " Ravish " or " ravished " is indispensable in an indictment.' It is a felony to force even a cencubine or harlot: she may have forsaken her evil ways... The party ravished may give evidence, but the credibility of her testimony must be left to the jury. If she be of good fame, presently disclosed the offense, and made search for the offender who has fled: these and like circumstances give greater probability to her testimony. But, if she be of evil fame, unsupported in her testimony by others, concealed the injury a considerable time, and might have been heard, yetmadeno outcry: these and like circumstances create a strong but not a conclusive presumption that her testimony is not to be believed.^ The punishment varies in different jurisdictions. When the crime is committed on the high seas, or in ports, arsenals, etc., within the exclusive jurisdiction of the United States, it is punishable with death.* See Indictment; Prostitute; Will, 1.