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Costs shall be distributed at the discretion of the Judge.</p> | Costs shall be distributed at the discretion of the Judge.</p> | ||
<p>Where there is matter of <del><unclear>Excuse</unclear></del> <add>Extenuation</add>, | <p>Where there is matter of <del><unclear>Excuse</unclear></del> <add>Extenuation</add>, the Offender shall suffer<lb/> | ||
any one or more of the punishments appointed for Lascivious Assaults.</p> | any one or more of the punishments appointed for Lascivious Assaults.</p> | ||
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any prosecution for this offence.</p> | any prosecution for this offence.</p> | ||
The parable of the Sword and the Scabbard quoted on<lb/> | <p>The parable of the Sword and the Scabbard quoted on<lb/> | ||
this occasion by M<hi rend='superscript'>r</hi> Voltaire, <note>Prix de la Justice p.73.</note> may pass very well as a jest, but<lb/> | this occasion by M<hi rend='superscript'>r</hi> Voltaire, <note>Prix de la Justice p.73.</note> may pass very well as a jest, but<lb/> | ||
will never do as a Rule of Law. It fails absolutely where the Woman<lb/> | will never do as a Rule of Law. It fails absolutely where the Woman<lb/> | ||
is held motionless either by force or terror: where through<lb/> | is held motionless either by force or terror: where through<lb/> | ||
weariness or affright her senses fail her, | weariness or affright her senses fail her, and she falls into a<lb/> | ||
Swoon. It fails still more evidently where the Ravisher has any<lb/> | Swoon. It fails still more evidently where the <add>a</add> Ravisher has any<lb/> | ||
one to assist him. Certain it is however, that prosecutions<lb/> | one to assist him. Certain it is however, that prosecutions<lb/> | ||
for this Offence ought to be regarded with a jealous eye; and | for this Offence ought to be regarded with a jealous eye; and<lb/> | ||
that the comparative appearance of the parties in point of strength<lb/> | |||
may furnish evidence of such force, as the positive testimony of<lb/> | |||
any single person will hardly countervail.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
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.
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Identifier: | JB/072/210/004"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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004 |
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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