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by causes which do not impair the chastity of the female, we
are justified, I think, in attaching considerable importance to
its presence. It would be difficult to support an accusation of
rape where the hymen is found entire. "t
Mr. Wharton has expressed himself in similar language :
" While the slightest penetration Generic Lioresal is sufficient, the English prac-
tice is decisive that there must be specific proof of some.X It
must be shown, to adopt the phraseology of Tindal, C. J., and
afterwards of Williams, J., that the private parts of the male
* Taylor, 539, t Beck, i., 153.
t R. V. Russen, 1 East P. C, 438; R. v. Allen, 9 C. &P., 31; R. v. Jordan,
9 C. & P., 118.
1865.J OBSTETRIC JURISPRUDENCE. 91
entered, at least to some Buy Cheap Baclofen extent, those of the female.* The
law may now Purchase Lioresal Online indeed be Lioresal Mg considered as settled, that Buy Cheap Lioresal while the
rupturing of the hymen is not indispensable to conviction, there
must be proof of some Buy Baclofen Online degree of entrance of the male organ
within the labia of the pudendum,t and the practice seems to
be, not to permit a conviction in those cases in which it ia
alleged violence was done, without medical proof of the fact, Order Lioresal
wherever Lioresal 10 Mg such proof was attainable."]:
And Lioresal Price again he says: " Lioresal Intrathecal It has been said that penetration may
be presumed from circumstances, witliout specific and positive
.proof of the organ by which it was effected. This method of
proof, however, ought never to be resorted to except in extreme
cases, where, Order Lioresal Online from the nature of the Buy Lioresal case, no other evidence
can be had."§
It is generally ruled, therefore, that proof of some degree of
penetration is essential. But how, in the generality of cases, is
this fact to be ascertained, save from the testimony of the
woman herself, who is often a very unreliable witness? It
can not be reached on medical grounds merely, for, as I shall
hereafter show, all evidence in this direction may be negative;
nor upon the evidence of eye-witnesses, even when they are
present, for the exact local relations of the parties are concealed
from view, and may, therefore, give rise to mistake as to
whether penetration or merely close Cheap Lioresal approximation has
occurred.
To this question I may appropriately Buy Baclofen apply, with only one
slight modification, the language of Mr. East : " A very con-
siderable doubt having arisen as to what shall be considered
sufiicicnt evidence of the actual commission of this offense, it is
necessary to enter into an inquiry which would otherwise bo
offensive to decency. Considering the nature of the crime,
that it is a brutal and violent Lioresal 25mg attack upon the honor and
chastity of the weaker sex, it seems more natural and con-
sonant to those sentiments of laudable indignation which in-
• R. V. Russen, 1 East P. C, 438; R. v. Allen, 9 C. & P., Lioresal Online 31; R. v. Jordan,
9 C. & P, 118.
t R. i;. Lines, 1 C. & K., 393; Wharton & Stille, Med. Jur., sec. 432.
t Wharton, Cr. Law, sec. 1138.
§ Ibid., sec. 1139; Com. v. Beale, Phila. Q. S., Nov., 1854.
92 OBSTETRIC JURISPRUDENCE. [NoV.,
duccd our ancient lawgivers to rank this offense among felonies,
if all Purchase Lioresal further inquiry were unnecessary.* * * * * * *
The quick sense of honor, the pride of virtue, which nature, to
render the sex amiable, hath imi)lanted in the female heart, as
Mr. Justice Foster has expressed himself, is already violated
past redemption, and tlie injurious consequences to society are
in every respect complete. Upon what principle and for what
rational purpose any further investigation came to be supposed
necessary, the books which record the dicta to tliat effect do
not furnish a trace. "f
Formerly, as I have said, proof of complete penetration was
required; now evidence of partial penetration is sufficient.
But, as Wharton has admitted in a statement I have lately
given, this may be presumed in extreme cases. Sucli was al-
lowed in the famous Philadelphia case, where a dentist was
convicted, probably unjustly, of rape upon one of his patients.
Let me prove this assertion by an extract from the judge's
ruling on discharging the motion for a new trial.
"The only remaining question is, whether the evidence
given by the prosecutrix was sufficient, if believed, to sustain
the verdict. It is true that the Commonwealth failed Buy Lioresal Online to pro-
duce the corroboratory evidence, which an inspection of the
person of the witness and of her garments might possibly have
afforded; and it is equally true that we should have been more
fully satisfied if such evidence had been produced. There is
no rule of law, however, which imperatively demands that the
witness shall be corroborated by such evidence. The want of
such corroboration is a circumstance to be considered by the
jury; and, after being carefully advised on this point by the
court, if they regard the evidence produced as satisfactory, the
court should not interfere, unless satisfied that their decision was
clearly unjust. This we are not prepared to say. The witness,
it is admitted, was an innocent,.pure-mindedgirl; she told her sad
story with apparent candor; detailed all that occurred from the
* The words I have omitted in the above quotation are the following: "after
satisfactory proof of the violence having been perpetrated by actual penetra-
tion of the unhappy suft'erer's body." A jiroof that, as I have shown, in many
undoubtable instances can not be aflforded.
t Wharton, Cr. Law, C22.
1865.] OBSTETRIC JURISPRUDENCE. 98
time the ether was administered; the feeling of her pulse, her
arm, her bosom, her person, the fixing of her feet, the drawing
down of licr body to the edge of the chair, and finally the pain
she suffered. It is not strange that the jury believed Jier, for
the question might well be asked: how could an innocent girl
detail such occurrences, and with such precision, if it had not
really occurred ? There is nothing that appears so inconsistent
in her story, or so apparently devoid of probability, that a jury
should be instructed to disregard it, or that the court should
interfere with their decision upon it. Lioresal Tablets But it is said that even
if her statement be believed, it shows no legal evidence of
penetration.
" It is impossible to lay down any general rules regulating
the nature and amount of proof required to establish the com-
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