JB/072/210/004

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4 C Of Rape

In these three cases the afflictive punishment shall not take
place and the party injured shall receive compensation or not, and
Costs shall be distributed at the discretion of the Judge.

Where there is matter of Excuse Extenuation, the Offender shall suffer
any one or more of the punishments appointed for Lascivious Assaults.

Observations

There are those who seem half inclined not to admit of
any prosecution for this offence.

The parable of the Sword and the Scabbard quoted on
this occasion by Mr Voltaire, Prix de la Justice p.73. may pass very well as a jest, but
will never do as a Rule of Law. It fails absolutely where the Woman
is held motionless either by force or terror: where through
weariness or affright her senses fail her, and she falls into a
Swoon. It fails still more evidently where the a Ravisher has any
one to assist him. Certain it is however, that prosecutions
for this Offence ought to be regarded with a jealous eye; and
that the comparative appearance of the parties in point of strength
may furnish evidence of such force, as the positive testimony of
any single person will hardly countervail.

Identifier: | JB/072/210/004 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	not numbered
Box	072	Main Headings	penal code
Folio number	210	Info in main headings field	of rape
Image	004	Titles	exposition / aggravation i / exposition / justification is / excuses are / observations
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner		Watermarks	[[watermarks::myears [lion with crown motif]]]
Marginals		Paper Producer	caroline fox
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23827
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