In future cases the above decisions will probably be set aside in the light of the present enactment.

In the case also of a quack doctor, who, under the pretext of performing a surgical operation on a young girl of nineteen years of age, had connection with her, she at the time resisting, but believing that she was undergoing an operation, it was held, on appeal, that he was guilty of the crime of rape, and the former conviction confirmed (R. v. Hattery, C.C.).

In England, and in Ireland, and also in Scotland, unlawfully and carnally knowing a girl under thirteen years of age constitutes a felony—the attempt in the former countries constitutes a misdemeanour; in Scotland, a “crime and offence.” The child may be a witness if she understands the nature of an oath or understands the duty of speaking the truth, but her evidence must be corroborated by some other material evidence in support thereof, implicating the accused. The carnal knowledge of a girl above thirteen and under sixteen, or of any female idiot or imbecile woman or girl, under circumstances which do not amount to rape, but which prove that the offender knew at the time of the commission of the offence that the woman or girl was an idiot or imbecile, constitutes a misdemeanour. Above sixteen consent does away with the crime; and it shall be a sufficient defence for the accused to show that he had reasonable cause to believe that the girl was of or above the age of sixteen years. This defence does not apply to female idiots or imbeciles.

A boy under the age of fourteen was formerly in England presumed by law incapable of committing a rape (R. v. Groombridge, 7 C. & P. 582); but in Scotland there was no such provision, and a boy thirteen and a half years of age was committed for rape (Rob. Fulton, jun., Ayr, Sept. 20, 1841).

The recent Act before quoted provides that, instead of imprisonment, the offender, if under sixteen, may be whipped and sent to a reformatory school for not less than two or more than five years. Evidently age cannot now be pleaded as an incapability.

The crime of rape appears to be most frequently perpetrated against children, probably due to the popular idea that an attack of gonorrhœa may be cured by connection being had with a virgin or healthy female.

The following Table from Casper gives the result of his examination of one hundred and thirty-six cases of rape:

From2½(!)to12yearsold99
“12 “14“20
“15“18“8
“19“25“7
47“1
68“1
136

In examination of a case of alleged rape, several points of interest will have to be considered, which, for the sake of convenience, will be placed in a tabular form: