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<p><note>Consent where presumed</note> <del>Consent is wanting if</del> The party is to be deemed | <p><note>Consent where presumed</note> <del>Consent is wanting if</del> The party is to be deemed | ||
<lb/> | <lb/> | ||
to have consented if he <add>or she</add> omitted doing any thing that was | to<add> have</add> consented if he <add>or she</add> omitted doing any thing that was | ||
<lb/> | <lb/> | ||
in his <add>or her</add> power to do towards defeating the attempt by | in his <add>or her</add> power to do towards defeating the attempt by | ||
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struggling or calling for assistance or <!-- symbol --> <del>and it is not</del> | struggling or calling for assistance or <!-- symbol --> <del>and it is not</del> | ||
<lb/> | <lb/> | ||
<del><sic>suppos'd</sic></del> <note>— | <del><sic>suppos'd</sic></del> <note>—where not</note> But non-resistance is no consent if the | ||
<lb/> | <lb/> | ||
party were stupefied by <del><unclear>medicines</unclear></del> <add>drugs</add> or in a swoon.<lb/> | party were stupefied by <del><unclear>medicines</unclear></del> <add>drugs</add> or in a swoon.<lb/> | ||
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<p><note>Rape by a Female</note> | <p><note>Rape by a Female</note> | ||
If a woman <add>female</add> contrive by any means to have <lb/> carnal knowledge of a male, <add>though it be </add> against his will, it<lb/> is not punishable as a Rape, but only as a <del>lewd</del> <add>libidinous</add> | If a woman <add>female</add> contrive by any means to have <lb/> | ||
<lb/> <del>assault</del> injury.</p> | carnal knowledge of a male, <add>though it be </add> against his will, it<lb/> | ||
is not punishable as a Rape, but only as a <del>lewd</del> <add>libidinous</add><lb/> | |||
<del>assault</del> injury.</p> | |||
< | <p> | ||
<note>Punishment</note> He who is guilty of Rape <add> | <note>Punishment</note> He who is guilty of Rape <add>For the first <sic>offence</sic> <add>he shall</add> be fined &</add> <note>shall be fined and suffer in the offending parts.</note> lose one <lb/> | ||
second <sic>offence</sic> <add>he shall be fined again and lose</add> the remaining testicle: <lb/> for the 3<hi rend='superscript'>rd</hi> <sic>offence</sic> he shall <del>be confined</del><add>suffer imprisonment</add> for life.<lb/> | testicle: for the second <sic>offence</sic> <add>he shall be fined again and lose</add> the remaining testicle:<lb/> | ||
for the 3<hi rend='superscript'>rd</hi> <sic>offence</sic> he shall <del>be confined</del><add>suffer imprisonment</add> for life.<lb/></p> | |||
If at the time of the first conviction it happen<lb/> that he have but one testicle <add><del> for the first <sic>offence</sic> <gap/><unclear>fined</unclear></del>instead of losing that part</add> he shall be circumcised,<lb/> or if he be incapable of circumcision he <lb/> shall be whipped: for the second <sic>offence</sic> he shall <lb/> lose his testicle: and for the 3<hi rend='superscript'>rd</hi> <sic>offence</sic> he shall | <p>If at the time of the first conviction it happen<lb/> | ||
that he have but one testicle <add><del> for the first <sic>offence</sic> <gap/><unclear>fined</unclear></del>instead of losing that part</add> he shall be circumcised,<lb/> | |||
or if he be incapable of circumcision he <lb/> | |||
shall be whipped: for the second <sic>offence</sic> he shall <lb/> | |||
lose his testicle: and for the 3<hi rend='superscript'>rd</hi> <sic>offence</sic> he shall be<lb/> | |||
imprisoned for life.</p> | |||
When a man in the way of punishment has<lb/> lost both his testicles, if he be married, his wife<lb/> shall be entitled to a Divorce.<lb/> | |||
<p>When a man in the way of punishment has<lb/> | |||
lost both his testicles, if he be married, his wife<lb/> | |||
shall be entitled to a Divorce.<lb/></p> | |||
<p>For the settlement of the fortunes upon a Divorce, See <lb/> | |||
Laws concerning Man & Wife Tit: Divorces.<lb/> See Ceremonies of Execution. <!-- The three words that follow were added in red ink: --> Musical Collar Douglass.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
C Rape Personal Injuries - Libidinous Injuries Rape
Carnal knowledge To constitute carnal knowledge there must be penetration and emission.
Consent where presumed Consent is wanting if The party is to be deemed
to have consented if he or she omitted doing any thing that was
in his or her power to do towards defeating the attempt by
struggling or calling for assistance or and it is not
suppos'd —where not But non-resistance is no consent if the
party were stupefied by medicines drugs or in a swoon.
Rape by a Female
If a woman female contrive by any means to have
carnal knowledge of a male, though it be against his will, it
is not punishable as a Rape, but only as a lewd libidinous
assault injury.
Punishment He who is guilty of Rape For the first offence <add>he shall be fined &</add> shall be fined and suffer in the offending parts. lose one
testicle: for the second offence he shall be fined again and lose the remaining testicle:
for the 3rd offence he shall be confinedsuffer imprisonment for life.
If at the time of the first conviction it happen
that he have but one testicle for the first offence finedinstead of losing that part he shall be circumcised,
or if he be incapable of circumcision he
shall be whipped: for the second offence he shall
lose his testicle: and for the 3rd offence he shall be
imprisoned for life.
When a man in the way of punishment has
lost both his testicles, if he be married, his wife
shall be entitled to a Divorce.
For the settlement of the fortunes upon a Divorce, See
Laws concerning Man & Wife Tit: Divorces.
See Ceremonies of Execution. Musical Collar Douglass.
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Identifier: | JB/073/084/002"JB/" can not be assigned to a declared number type with value 73. |
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2, 1, then unnumbered |
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073 |
law in general |
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084 |
rape |
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002 |
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text sheet |
2 |
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recto |
[[page_numbering::f11[?] / f12[?]]] |
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jeremy bentham |
r williams |
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c. hamilton |
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23924 |
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