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The definition of rape which we have given is not altogether

satisfactory. Take, for example, the case of a woman who goes to bed

expecting her husband to return at a certain hour. The lodger, let us

say, takes advantage of this fact, and, getting into bed, has connection

with her, she not resisting, assuming all the while that it is her

husband. This is rape, but it is not 'by force,' and it is not 'against

her will,' but it is 'without her consent,' as she has not been fully

informed as to all the circumstances of the case.



In all cases of rape in which there is no actual resistance or

objection, consent may be assumed. It is not essential that the woman

should state in so many words that she does not object. The force used

may be moral and not physical--e.g., threats, fear, horror, syncope.



By 48 and 49 Vict., c. 49, the carnal knowledge of a girl under thirteen

is technically rape. The consent of the girl makes no difference, since

she is not of an age to become a consenting party.



An attempt at carnal knowledge of a girl under thirteen is a

misdemeanour. Her consent makes no difference, and even the solicitation

of the act on the part of the child will not exonerate the accused.



Intercourse with a girl between thirteen and sixteen, even with her

consent, is a misdemeanour.



This Act is a favourite with the blackmailer. The child is sent out to

solicit, dressed like a woman, but appears in the witness-box in a much

more juvenile costume.



To constitute rape there must be penetration, but this may be of the

slightest. There may be a sufficient degree of penetration to constitute

rape without rupturing the hymen. Proof of actual emission is now

unnecessary.



The subject of carnal knowledge (C.K.) or its attempt may be summed up

as follows:





Under thirteen C.K. Felony.

Under thirteen Attempt Misdemeanour.



Consent no defence.



From thirteen to sixteen C.K. Misdemeanour.

From thirteen to sixteen Attempt Misdemeanour.



Consent and even solicitation no defence.

Reasonable cause to believe the girl over sixteen is a good defence.

Charge must be brought within three months.



Over sixteen C.K. with consent Nil.



Subject to civil action for loss of girl's services by father.



Idiot or imbecile C.K. with violence Rape.

Idiot or imbecile C.K. without violence Misdemeanour.

Personation of husband Rape.



Tacit consent no defence, for obtained by fraud.



Married woman C.K. with consent Adultery.

Mother, sister, daughter, C.K. consent immaterial; Incest.

grand-daughter born in wedlock or not

Females Indecent assaults Misdemeanour.





It is a misdemeanour to give to a woman any drug so as to stupefy her,

and so enable any person to have unlawful connection with her.



False charges of rape are very often made. The motive may be to extort

blackmail, revenge, or mere delusion. On examining such cases bruises

are seldom found, but scratches which the woman has made on the front of

her body may be discovered, and the local injuries to the generative

organs are slight, if present at all.



Physical Signs.--In the adult the hymen may be ruptured, the

fourchette lacerated, and blood found on the parts, together with

scratches and other marks and signs of a struggle. In the child there

may be no hæmorrhage, but there will be indications of bruising on the

external organs, with probably considerable laceration of the hymen, the

laceration in some cases extending into the rectum. Severe hæmorrhage,

and even death, may follow the rape of a young child. The patient will

have difficulty in walking, and in passing water and fæces. After some

hours the parts are very tender and swollen, and a sticky

greenish-yellow discharge is present. These signs last longer in

children than in adults; but as a rule--in the adult, at least--all

signs of rape disappear in three or four days. Young and delicate

children may suffer from a vaginal discharge, with swelling of the

external genitals, simulating an attempt at rape. Infantile leucorrhoea

is common, and many innocent people have been exposed to danger from

false charges of rape on children, instituted as a means of levying

blackmail. A knowledge of these facts suggests the necessity of giving a

guarded opinion when children are brought for examination in suspected

cases. Pregnancy may follow rape.



Seminal stains render the clothing stiff and greyish-yellow in colour,

with translucent edges. On being moistened they give the characteristic

seminal odour.



Semen may be found on the linen of the woman and man, and will be

recognized under the microscope by the presence in it of spermatozoa,

minute filamentary bodies with a pear-shaped head; but it must not be

forgotten that the non-detection of spermatozoa is no proof of absence

of sexual intercourse, for these bodies are not always present in the

semen of even healthy adult young men. Spermatozoa must not be mistaken

for the Trichomonas vaginæ found in the vaginæ of some women. The

latter have cilia surrounding the head, which is globular.



Florence's Micro-Chemical Test for Spermatic Fluid.--If a drop of the

fluid obtained by wetting a supposed spermatic stain be mixed with a

drop of the following solution (KI, parts 1.65; pure iodine, 2.54;

distilled water, 30) in a watch-glass, brownish-red pointed crystals

resembling hæmin crystals are obtained.



Barberio's Test.--Mix a drop of the spermatic stain with a drop of a

saturated solution of picric acid, when needle-shaped yellow rhombic

crystals are formed.



Gonorrhoeal Stains.--A cover-glass preparation stained with methylene

blue reveals the gonococci lying in pairs within the leucocytes.