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<head>C</head><head>Of Forcible <del>Libidinous | <head>1 C</head><head>Of Forcible <del>Libidinous Insults</del> Marriage</head> | ||
<gap/>Forcible marriage is | <p><note>Forcible Marriage defined</note> <del><gap/></del> Forcible marriage is where by unlawful threats<lb/> | ||
and being known to be so, and<lb/> therefore not operating <add>even</add> as an excuse.< | <add>of personal danger</add> a <del>man</del> woman is <del>induced</del> <add>compelled</add> to engage in marriage with<lb/> | ||
{{Metadata:{{PAGENAME}}}} | a man, or a man with a woman.</p> | ||
<head>Observations</head> | |||
<p>I appoint no particular punishment for<lb/> | |||
<del>this</del> <add>such a</add> crime. There is a cheaper and surer way<lb/> of preventing it than by punishment; to wit<lb/> | |||
<del>the</del> <add>by</add> rendering the marriage void. This takes away<lb/> | |||
the inducement to commit the crime. Where the<lb/> | |||
party on whom the force is <sic>employ'd</sic> is a woman,<lb/> | |||
if the marriage is <add>not</add> consummated, there is no mischief<lb/> | |||
done; except <del>that</del> what may have <add>been</add> done<lb/> | |||
by the confinement and the threats <del>for which</del> which has<lb/> <del>there are separate remedies.</del> <add><sic>it's</sic> proper remedy.</add> If the marriage<lb/> | |||
is consummated, it will have been a rape — the<lb/> | |||
marriage ceremony <add>being void & therefore</add> not operating as a justification:<lb/> | |||
<del>or an excuse</del> and being known to be so, and<lb/> | |||
therefore not operating <add>even</add> as an excuse.</p> | |||
<p>To make the requisite provisions for ensuring<lb/> | |||
the freedom of marriages belongs to the<lb/> | |||
civil branch of the Code. For this purpose <del><add>to require</add></del> it<lb/> | |||
might be proper <add>to require</add> that in ordinary cases the marriages<lb/> | |||
should be celebrated in certain places; for<lb/> | |||
instance, <del>the</del> Churches: and that only at certain <del>t</del><lb/> hours: and that where one of the parties appears<lb/> | |||
to be of tender years the Priest or other Officer should<lb/> | |||
put <del><gap/></del> a few questions to him or her in private.<lb/> | |||
Other precautions will <del><gap/></del> depend upon <add>the</add> local constitutions <add>of</add><lb/> | |||
of the State.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{Completed}} | |||
1 COf Forcible Libidinous Insults Marriage
Forcible Marriage defined Forcible marriage is where by unlawful threats
of personal danger a man woman is induced compelled to engage in marriage with
a man, or a man with a woman.
Observations
I appoint no particular punishment for
this such a crime. There is a cheaper and surer way
of preventing it than by punishment; to wit
the by rendering the marriage void. This takes away
the inducement to commit the crime. Where the
party on whom the force is employ'd is a woman,
if the marriage is not consummated, there is no mischief
done; except that what may have been done
by the confinement and the threats for which which has
there are separate remedies. it's proper remedy. If the marriage
is consummated, it will have been a rape — the
marriage ceremony being void & therefore not operating as a justification:
or an excuse and being known to be so, and
therefore not operating even as an excuse.
To make the requisite provisions for ensuring
the freedom of marriages belongs to the
civil branch of the Code. For this purpose to require it
might be proper to require that in ordinary cases the marriages
should be celebrated in certain places; for
instance, the Churches: and that only at certain t
hours: and that where one of the parties appears
to be of tender years the Priest or other Officer should
put a few questions to him or her in private.
Other precautions will depend upon the local constitutions of
of the State.
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Identifier: | JB/071/113/001"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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113 |
of forcible marriage attempts to commit rape |
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001 |
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text sheet |
2 |
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recto |
f1 / f1 |
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jeremy bentham |
[[watermarks::gr [crown motif]]] |
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23516 |
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