Page:The American Cyclopædia (1879) Volume XIV.djvu/220

 204 EAPE the crime is perhaps equally entire where the offence is imperfectly committed. But the physical completion of the offence is not now necessary, in law, to complete the guilt of the offender ; for it is not the degree of gratifica- tion to the lust of the ravisher which gauges the degree of criminality, but the injury done to the person and feelings of the victim, and the dastardly violation of that modesty and sense of delicacy which nature has implanted in the female heart. Force is a necessary ele- ment, and the offence must be perpetrated against the will of the party ravished. Though the woman at first consent, yet if she is af- terward forced, or if her consent is obtained through duress or fear of death, it is equally a rape ; and so careful is our law of the rights and safety of all classes and persons, that even a common prostitute may be the subject of a rape, though by the civil law she could not be. But fraud is not equivalent to force, and in the case of Jackson, who accomplished his purpose by personating tho woman's husband during his absence, it was held, after careful consideration by the judges, that he could not be convicted of rape, but simply of an assault. It has been made a question whether sexual intercourse with a female non compos mentis should not bo held to be rape, on the ground of her inability to give consent; but tho au- j thorities are to the contrary where no force is employed and such consent as she is capable of is given. A husband cannot commit a rape upon his wife, for by the marriage contract she yields herself to him, and she cannot after- ward retract her assent : but if ho is present, and aids in prostituting her to another against her will, ho becomes thereby equally guilty with the principal, and is liable to the same punishment as the actual perpetrator of the outrage. An infant under 14 years of age is presumed in law, on the ground of a supposed imbecility of body if not of mind, to be in- capable of committing a rape ; and though as to other felonies the maxim malitia tupplet cetatem holds, it is not so as regards this offence. An infant may, however, where the mischiev- ous intention and capacity are evident, become a principal in the second degree, or suffer con- viction for an assault with intent. The party ravished is a competent witness against tho accused; but her credibility is a matter for the consideration of the jury. If unsupported by other direct testimony, it must depend on concurrent circumstances for confirmation; as "for instance," says Sir Matthew Hale, "if the witness be of good fame, if she presently discovered the offence, made pursuit after the offender, showed circumstances and signs of the injury, whereof many are of that nature that only women are the most proper exami- ners and inspectors, if the place where the fact was done was remote from people, inhabitants, or passengers, if the offender fled for it ; these and the like are concurring evidences to give greater probability to her testimony, when proved by others as well as herself." In charges of this nature the courts are compelled to proceed with the utmost caution and care and to require convincing evidence of guilt before convicting the accused ; for, as Sir Matthew Hale further remarks: "It is true rape is a most detestable crime, and therefore ought severely and impartially to be punished with death ; but it must be remembered that it is an accusation easily made and hard to be proved, and harder to be defended by the party accused, though never so innocent ;" and ho then proceeds to state several singular cases which came under his own judicial observa- tion, and in which innocent men falsely and maliciously accused of this crime narrowly escaped conviction. The defendant may im- peach the character of the prosecutrix by general evidence, but particular acts of mis- conduct or immorality are inadmissible. As regards the testimony of children under 10 years of age, upon whom this offence has been committed, it is admissible where the witness is old enough and has sufficient instruction and intelligence to understand the relations of good and evil, and the nature of an oath ; but, like that of older complainants, its credibility de- pends upon similar supporting circumstances. As in other felonies, there may be acces- sories before and after the fact ; but all per- sons actually present, aiding and abetting its commission, are principals, and are liable to the same punishment as that awarded to the actual perpetrator of the outrage. An attempt to commit a rape, which is usually indicted as " an assault with an attempt," &c., is a high misdemeanor, and is severely punished by the laws of the various United States. RAPE (Lat. rnjmm), a cruciferous plant cul- tivated from very early times for the oil con- tained in its seeds, and as a forage plant. It belongs in the genus Iratsica, sufficiently de- scribed under MUSTARD; some botanists place the turnip and rape as distinct species (B. na- pn and B. rapa), but the best authors now regard both as varieties of B. campettris, a variable plant found throughout Europe and Russian Asia, and differing from others of tho genus in having its stem leaves sessile and au- ricled, or produced at base into two rounded lobes; the lower leaves pinnately divided, slightly glaucous, and usually rough with stiff hairs; flowers bright yellow. Though not botanically distinct from the turnip, the two are quite unlike in their uses ; the turnip hav- ing been cultivated for centuries with a view- to the development of the root to the neglect of all other parts, while in the rape, the great- est amount of seeds being desirable, no regard has been had to the root, which remains small and in its natural condition. The plant is an annual, but some of the forms of it are treated like biennials, being sown in autumn to per- fect itself the following summer. It is an im- portant plant in English agriculture, where it is cultivated for its herbage, of which on rich