rape

^— iln Criminal Law. Unlawful carnal knowledge of a woman by force and with- ' out her consent. (1) Carnal knowledge is essential (67 Wis. 552), but by statute in most states, the slightest penetration is enough (see 45 Conn. 256; 102 N. Y. 234), though, at common law, emission was essential (1 East, P. C. 439). (2) The carnal knowledge must be unlawful; thus, forcible carnal knowledge by a man of his wife against her will is not rape. 1 Hale, P. C. 629. ' (3) The carnal knowledge must be by force, but constructive force, as by threats or intimidation, is sufficient (39 Fla. 155; 45 Conn. 263; 139 Ind. 531); and where the woman is insane or insensible, it has been said that the force necessary to accomplish the act is sufficient (53 Ark. 425; 50 Iowa, 189); but the weight of authority is that fraud (2 Swan [Tenn.] 394; 6 Ala. 765), as by personating the woman's husband (11 Cox, C. C. 191; 7 Conn. 64), will not take the place of force (but see 94 Ind. 96). (4) The carnal knowledge must be without the woman's consent. The phrase "against her will" is sometimes substituted, but it means no more than "without her consent." 22 Wis. 445; 25 Mich. 356. Unless asleep or insensible (12 Cox, C. C. 311), or intimidated by threats (9 Car. & P. 748), the woman must resist "to the uttermost" (19 Wend. [N. Y.] 192; 13 Mich. 427), to the point of inability longer to resist (59 N. Y. 374); and acquiescence, however tardy or reluctant, prevents the offense from being rape (82 Va. 653; 124 111. 576). In Old English Law. A division of a county similar to a hundred, but oftentimes containing in it more hundreds than one. RAPE OF THE FOREST (Law Lat. raptus forestae).

In old English law. Trespass committed in a forest by violence. Cowell; Spelman; LL. Hen. I. c. 11.

In criminal law. The unlawful carnal knowledge of a woman by a man forcibly and against her will. Code Ga. § 4349; Gore v. State, 119 Ga. 418, 46 S. E. 671, 100 Am. St. Rep. 182; Maxey v. State, 66 Ark. 523, 52 S. W. 2; Croghan v. Sinte, 22 Wis. 444; State v. Montgomery, 63 Mo. 298; People v. Crego, 70 Mich. 319, 38 N. W. 281; Felton v. State, 139 Ind. 531, 39 N. E. 231.

In English law. An intermediate division betwcen a shire and a hundred; or a division of a county, containing several hundreds. 1 Bl. Comm. 116; Cowell. Apparently peculiar to the county of Sussex.

— Rape of the forest. In old English law. Trespass committed in a forest by violence. Cowell.

— Rape-reeve. In English law. The chief officer of a rape, (q. v.) 1 BI. Comm. 116.

The carnal knowledge of a woman forcibly and against her will, — forcibly meaning little if anything more than without consent.

In English law. An intermediate division between a shire and a hundred, or a division of a county, containing several hundreds.

In old English law. Rape of the forest: trespass committed in a forest by violenca

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.

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.