Abuse

Everything which is contrary to good order established by usage. Merlin, Repert Among the civilians, abuse has another signification, which is the destruction of the substance of a thing in using it. For example, the borrower of wine or grain abuses the article borrowed by using it, because he cannot enjoy it without consuming it. The word is used in statutes as applied to women with reference only to sexual intercourse, and imports an offence of that nature; 6 H. & N. 193; and is held synonymous with ravish; Palin v. State, 38 Neb. 862, 57 N. W. 743. It has been held to include misuse; Erie & North-East R Co. v. Casey, 26 Pa. 287; to signify to injure, diminish in value, or wear away by improper use; id.; to be synonymous with injure; Dawkins v. State, 58 Ala. 376, 29 Am. Rep. 754. Abuse of a female child is an injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration; Dawkins v. State, 58 Ala. 376, 29 Am. Rep. 754. See Rape. Abuse of distress is such use of an animal or chattel distrained as makes the distrainer liable to prosecution as for wrongful appropriation. Abuse of discretion. A discretion exercised to an end or purpose not justified by and clearly against reason and evidence. Sharon v. Sharon, 75 Cal. 1, 16 Pac. 345; Murray v. Buell, 74 Wis. 14, 43 N. W. 549; and see People v. R. Co., 29 N. Y. 418. Abuse of process. Intentional irregularity for the purpose of gaining an advantage over one's opponent.