RAP 



will. If the woman conct-ived, the law formerly cllecmed 

 it no rape ; from an opinion, that fhe cannot conceive, unlefs 

 (he confented. But this opinion has been fmce quedioned. 

 Coke on Litt. lib. ii. cap. li. 



This crime, by the Jcwifli law, Deut. xxii. 2J. was pu- 

 nifhed with death, in cafe the dami'el was betrothed to an- 

 other man ; and in cafe fl»c was not betrothed, then a heavy 

 fine of fifty (hekels was to be paid to the damfel's father, and 

 flie was to be the wife of the raviflier all the days of his life ; 

 without that power of divorce, which was in general per- 

 mitted by the Mofaic law. 



The civil law (cod. 9. tit. 13.) punirties the crime of ra- 

 vifhment with death and confifcation of goods ; including 

 JLnder this crime both the offence of forcible abdiidtioii, and 

 alfo that of forcibly didionouring ; either of which, witlunit 

 the other, is in that law fufiicient to conftitute a capital crime. 

 And the ftealing away a woman from her parents or guar- 

 dians, and debauching her, is equally penal by the emperor's 

 edid, whether ihe confent, or is forced. 



Rape was punifhed by the Saxon laws, particularly thofe 

 of king Athenian, with deatli ; which was alfo agreeable to 

 the old Gothic or Scandinavian conititution. Inilead of 

 this, another punilhment was inltituted by William the 

 Conqueror, viz. caftration and lofs of eyes, which conti- 

 nued till after Brafton wrote in the reign of Henry III. 

 But it was then the law, and (liU continues in appeals of 

 rape, that the woman fhould immediately after go to the 

 next town, and there make difcovery to fome credible per- 

 fons of the injury {he has fuffered ; and afterwards fliould 

 acquaint the high conftable of the hundred, the coroners 

 and the (heriff, with the outrage ; the time of limitation for 

 this purpofe was by ftat. Weftm. I. cap. 13. extended to 

 forty days. But tihere is now no time fixed ; for as it is 

 now ufually punifhed by indiftment at the fuit of the king, 

 the maxim of law takes place, nullum tempus occurrit regi : 

 however, the jury will rarely give credit to a flale complaint. 

 During the former period it was alfo held for law, that the 

 woman (by confent of the judge and her parents) might re- 

 deem the offender from the execution of his fentence, by ac-* 

 cepting him for her hufband, if he alfo was willing to agree 

 to the exchange, but not otlierwife. 



In the 3 Edw. I. by the flat. Weflm. i. cap. 13. thepu.- 

 nifhment of rape was much mitigated : the offence being re- 

 duced to a trefpafs ; if not profecuted by the woman within 

 forty days ; and fubjefting the offender only to two years 

 imprifonment, and a fine at the king's will. But in the 

 13 Edw. 1. it was found neceffai-y to make the offence of 

 rape felony, by ftat. Wellm. 2. cap. 34. And by iSEliz. 

 cap. 7. it was made felony without benefit of clergy ; as is 

 alfo the abominable wickedncfs of carnally knowing or 

 abufing any woman-child, under the age of ten years ; in 

 which cafe the confent or non-confent is immaterial, as, by 

 reafon of her tender years, flieis incapable of judgment and 

 difcretion. Sir Matthew Hale is indeed of opinion, that 

 fuch profligate aftions committed on an infant under the age 

 of twelve years, the age of female difcretion by the com- 

 mon law, either with or without confent, amount to rape 

 and felony, as well fince, as before the flatute of queen 

 Elizabeth ; but the law has in general been held only to ex- 

 tend to infants under ten. A male infant, under the age of 

 fourteen years, is prefumed by law incapable of committing 

 a rape ; and, therefore, cannot be found guilty of it. 



The civil law feems to iuppofe a proftitute incapable of 

 any injuries of this kind ; not allowing any punifhment for 

 violating the chaflity of her who hath indeed no challity at 

 all, or at Icall hath no regard to it. But the law of Eng- 

 land holds it to be felony to force even a concubine or harlot ; 



11 A P 



becaufe the woman may liave forfaken that unlawful courfe 

 of hfe. 



As to the material faAs requifite to be given in evidence 

 and proved upon an indidtment of rape, we (liall here only 

 obferve, tliat the party raviflied may give evidence upon 

 oath, and is in law a competent witiiefs ; but the credibility 

 of lier teilimony mull be left to the jury, upon the circum- 

 itances of fa£t that concur in tliat tciUmony : e. gr. if the 

 witnefs be of good fame ; if fhe prefently difcovered tlie 

 offence and made fearch for the offender ; if the party ac- 

 cufed fled for it : tliefe and the like are concurring circum- 

 ftances, which give greater probability to her evidence. But, 

 on the other fide, if fhe be of evil fame, and Hands unfup- 

 ported by others ; if fhe concealed the injury for any con- 

 liderable time after ihe had opportunity to complain ; if the 

 place, where tlie faft was alleged to be committed, was 

 where it was poffible (he might have been heard, and (he 

 made no outcry ; thefe and the like circumllanccs carry a 

 ilrong, but not conclufive, prefnmptioB, that her teilimony 

 is falfe or feigned. Moreover, if the rape be charged to be 

 committed on an infant under twelve years of age, fhe may 

 Hill be a competent witnefs, if fhe hath fenfe and under- 

 ftanding to know the nature and obligation ot an oath ; 

 and, even if fhe hath not, it is thought by fir Matthew- 

 Hale that file ought to be heard, without oath, to give the 

 court information ; though that alone will not be fufiicient 

 to convict the offender. And, indeed, it is now fettled, that 

 infants of any age are to be heard ; and if they have any 

 idea of an oath, to be alfo fworn : it being found by ex- 

 perience, that infants of very tender years often give the 

 clearefl and truefl teflimony. Blackit. Com. book iv. 



The civilians make another kind of rape, ciiWeAfuboniatlo, 

 rape of fuboniatkn, or fedudion ; which is, when a pcrfon 

 feduces or entices a maid to uncleannefs, or even marriage, 

 and that by gentle means ; provided there be a confiderable 

 difparity in age or condition between the parties. In this 

 cafe, the father and mother intend their aftion reciprocally 

 for the crimen raptus, or fubornatlonis . 



The French laws make no difference between the rape of 

 violence and that of folicitation, or fubornation ; they make 

 both capital. This kind of rape our laws call Ravi/hment ; 

 which fee. 



Rape of the Forejl, is a trefpafs committed in the foreft 

 by violence. 



This is mentioned in the laws of Henry I. as one of the 

 crimes cognizable alone by the king. 



Rape is alfo a name given to the wood or ilalks of the 

 clufters of grapes, when dried, and freed from the fruit. 



The rape is ufed in making vinegar, fervitig to heat and 

 four the wine : but it is firft put into a place to four itfclf, 

 before it be call into the vinegar vefTel ; to- which end, pre- 

 fently after the vintage, it is carefully put up in barrels, 

 left it take air, otherwife it would heat itfelf and be Ipoiled. 

 There is no other way of keeping rape hitherto difcovxred, 

 but to fill the velll'l, in which it is contained, with wine or 

 vinegar. 



Rape, Rapa, is alfo ufed for a part or divifion of a 

 county ; fignifying as much as a hundred. 



Though fometimes rape is taken for a divifion containing 

 feveral hundreds. Thus Suflex is divided into fix rapes, 

 nnz. thofe of Chichefter, Arundel, Bramber, Lewes, Peven- 

 fey, and Haftings : every one of which, befides its hundreds, 

 has a caftle, a river, and forell belonging to it. 



The like parts in other counties are called lithwgs, lathes, 

 or '■wapentakes. 



Rape, in Botany. See Napus. 



KavF; Broom. (See Orobanciie.) It frequenfly grows 

 1 to 



