In the female, impotence may be caused by the narrowness of the vagina, adhesion of the vulva, absence of vagina, imperforate hymen, and tumours of the vagina.
Sterility in women may occur from the above-named causes of impotence, together with absence of the uterus and ovaries, or from great debility, syphilis, constant amenorrhœa, dysmenorrhœa, or menorrhagia.
XXXV.—RAPE
Rape is the carnal knowledge of a woman by force and against her will. The resistance of the woman must be to the utmost of her power, but if she yield through fear or duress it is still rape. The woman is a competent witness, but her statements may be impugned on the ground of her previous bad character, and evidence may be called to substantiate the charge. The perpetrator must be above the age of fourteen years.
The definition of rape which we have given is not altogether satisfactory. Take, for example, the case of a woman who goes to bed expecting her husband to return at a certain hour. The lodger, let us say, takes advantage of this fact, and, getting into bed, has connection with her, she not resisting, assuming all the while that it is her husband. This is rape, but it is not 'by force,' and it is not 'against her will,' but it is 'without her consent,' as she has not been fully informed as to all the circumstances of the case.
In all cases of rape in which there is no actual resistance or objection, consent may be assumed. It is not essential that the woman should state in so many words that she does not object. The force used may be moral and not physical—e.g., threats, fear, horror, syncope.
By 48 and 49 Vict., c. 49, the carnal knowledge of a girl under thirteen is technically rape. The consent of the girl makes no difference, since she is not of an age to become a consenting party.
An attempt at carnal knowledge of a girl under thirteen is a misdemeanour. Her consent makes no difference, and even the solicitation of the act on the part of the child will not exonerate the accused.
Intercourse with a girl between thirteen and sixteen, even with her consent, is a misdemeanour.