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'' | <!-- This page has been copied in a neat hand, but the pencil notes have been added in Bentham's scrawl --> | ||
<head>C 3</head> <head>Of Rape</head> | |||
<head>Aggravation I.</head> | |||
<p><note>Rape Unnatural</note> Where the offence is committed against the order of Nature. <hi rend='superscript'>(A)</hi><lb/></p> | |||
<p><note>Extra- punishment</note> <note>Characteristic penance <!-- written in pencil --></note> In such case the Offender may be ignominiously exhibited<lb/> | |||
in the tub of Uncleanness. See Punishments.</p> | |||
<p><note>Banishment <gap/> or unlimited <!-- written in pencil --></note> Or he may be banished from the whole or any part of<lb/> | |||
the dominions of the State for a time or forever.</p> | |||
<head>Exposition</head> | |||
<p>[(A) Nature] <foreign>Ordo nature violatur si facinus aut cum masculo</foreign><lb/> | |||
<foreign>fiat, aut cum femina aliter quam in vagina.</foreign></p> | |||
<head>Justification is</head> | |||
<p><note>Marital Power</note> 1. <add>In some cases</add> Where the party ravished is the wife of the Ravisher,<lb/> | |||
But See, the Law of Man and Wife.</p> | |||
<head>Excuses are</head> | |||
<p><note>Innocence of Intention or Supposed Marriage</note> 1. If with a sincere <add><foreign>bona fide</foreign> <!-- added in pencil --></add> persuasion the Ravisher believes the party<lb/> | |||
ravished to be his Wife. See the Law concerning Man and Wife.</p> | |||
<p><note>Concubinage</note> 2. If she hath ever lived with him before as his Concubine:<lb/> | |||
or if he with her consent hath had carnal knowledge of her before.</p> | |||
<p><note>Former Prostitution</note> 3. If She be a common Harlot.<lb/> | |||
<add>In</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
C 3 Of Rape Aggravation I.
Rape Unnatural Where the offence is committed against the order of Nature. (A)
Extra- punishment Characteristic penance In such case the Offender may be ignominiously exhibited
in the tub of Uncleanness. See Punishments.
Banishment or unlimited Or he may be banished from the whole or any part of
the dominions of the State for a time or forever.
Exposition
[(A) Nature] Ordo nature violatur si facinus aut cum masculo
fiat, aut cum femina aliter quam in vagina.
Justification is
Marital Power 1. In some cases Where the party ravished is the wife of the Ravisher,
But See, the Law of Man and Wife.
Excuses are
Innocence of Intention or Supposed Marriage 1. If with a sincere bona fide persuasion the Ravisher believes the party
ravished to be his Wife. See the Law concerning Man and Wife.
Concubinage 2. If she hath ever lived with him before as his Concubine:
or if he with her consent hath had carnal knowledge of her before.
Former Prostitution 3. If She be a common Harlot.
In
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Identifier: | JB/072/210/003"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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210 |
of rape |
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003 |
exposition / aggravation i / exposition / justification is / excuses are / observations |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::myears [lion with crown motif]]] |
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caroline fox |
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23827 |
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