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§. 27.
Women.
Rape. |
Felonies by Statute.
Women. Scil. To ravish a Woman
where she doth neither consent before
nor after; or to ravish any Woman with force, though she do consent
after, it is felony; and the Offender shall have no benefit of Clergy,
18 El. c. 6. Br. Cor. 204. Vide Dyer 202.
' That Man shall die, by the Law of
' God, Deut. 22.25. |
Chap. 160.
13 E. 1. 34.
P. Fel. 14,
6 R. 2. c. 6. |
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' If a Man take away a Maid by force and ravish
her, and after she giveth
' her consent, and marrieth him, yet it is a Rape. |
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Rape see
antea. |
Now Ravishment is here taken in one and the same
signification with
Rape, which is a violent deflowering of a Woman, or carnal knowledge
had of the Body of a Woman against her Will, 9 Ed. 4. 36.
Fl. l. 2. & Co.
L. 123. |
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A Woman that is ravished, out presently to levy
open Huy and Cry,
or to complain thereof presently to some credible Persons, as it seemeth,
Glanville 115. See the Statute De Officio Coronatoris,
4 E. 1. |
Stamf. 22.
Crom. 100. |
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Fleta saith, That the complaint must be made
within forty days, or else
the Woman may not be heard, Lib. 3. c. 5. But in Scotland,
and some
other Countries, this ought to be complained of the same day or night that
the Crime is committed, (ut dicitur:) The reason is, Quia
lapsu diei hoc
crimen præscribitur. Minsh and Dr. Cowel. |
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' And yet in an Indictment of Rape there is no time
of Prosecution necessary,
' for Nullum tempus occurrit Regi. But in case of an Appeal
of
' Rape, if the Woman doth not prosecute it in convenient time, she shall
' be barred. |
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If a Woman at the time of the supposed Rape, do
conceive with Child
by the Ravisher, this is no Rape; for a Woman cannot conceive with Child
except she doth consent. Finch lib. 2. |
Brit. 55.
Stamf. 24. |
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And yet if a Man ravish a Woman, who consenteth
for fear of death or
duress; this is Ravishment against her will, for that consent ought to
be
voluntary and free. |
5 E. 4. 6.
Br. Parl.
55. |
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All such as are present, abetting, aiding or procuring
another to commit
a Rape, are principal Felons. |
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' If a Man and a woman be present, with purpose
that the Man shall by
' Violence carnally know the Body of another Woman there also present,
' against her will, and the Man doth the Fact in the presence of the other
' Woman, she so present (as well as the Man) shall be a principal Ravisher;
' the Man the Agent, and the other Coadjutant: And so one Woman may
' be a Principal to the Ravishment of another, Dod. 138. |
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It is a good Plea in an Appeal of Rape, to say,
That before the Ravishment
supposed, she was his Concubine, as Mr. Bracton saith. |
Stamf. 24. |
| §. 28. |
And yet to ravish an Harlot against her will, is
Felony; for licet Meretrix
fuerit ante, certe tunc temporis non fuit, cim nequitiæ ejus reclamando
consentire noluit. Bract. l. 2. |
Cromp. 47. |
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Also to take any Maid, Widow or Wife (having Lands,
or Goods,
or being Heir apparent to her Ancestor) against her will unlawfully, is
felony;
and to receive any such Woman so taken, knowing thereof, or to
procure and abet the same, is felony; and they shall all be reputed as
Principals: And as well the Principals as Accessaries before the
Offence
shall lose all the benefit of Clergy, 39 El. c. 9. |
3 H. 7. 2.
P. Fel. 16. |
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But this Act doth not extend to any person taking
any Woman, only
claiming her as his Ward or Bond-woman. |
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The taking away of a Maid under sixteen years of
age, without the
consent of her Parents or Governors, or contracting Marriage with her,
or deflowring, is no felony; but yet shall be punished with long imprisonment
without Bail, or with grievous Fine. |
4 & 5 Ph.
& Ma.
P. Women
7, 8.
See Co. 3.
37. &c. |
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