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Rape

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

crimes, is the carnal knowledge of a woman by a man forcibly and against her will. By the term man here is meant a male of the human species of the age of fourteen years and upwards, for an infant under fourteen years is supposed by law incapable of committing this offence.

1 Hale, P. C. 681.

It must be against the will of the woman, and, if she is under ten years of age she is incapable of giving her consent.

Stat. 18 Eliz. c. 7.

Penetration, (q. v.) and emission (q- v.) are necessary to constitute the offence.

4 Chit. Bl. Com. 213, n. 8.

As to the possibility or impossibility of committing a rape, and as to the Jur. ch.

12; Merlin Répert, mot Viol.