Odger's English Common Law

Chapter VIII.
OFFENCES AGAINST MORALITY AND PUBLIC DECENCY.
It is not our intention in this work to describe in detail the
most flagrant of the crimes which fall under this title. Rape
and indecent assault are dealt with in a subsequent chapter. 1
"We will allude here very briefly to crimes connected with
sexual intercourse and to other immoral and indecent
offences.
Abduction.
It is a misdemeanour punishable with imprisonment for
two years with or without hard labour for any one to take, or
cause to be taken, an unmarried ghi under the age of sixteen
years out of the possession and against the will of her father
or mother, or of any other person having the lawful care or
charge of her. 2
It is no defence that the girl was a consenting party to the abduction, 3 or
that she was really the proposer of the scheme. 4 But if she left her home
without persuasion or assistance of any kind from the defendant, he cannot
be convicted of abduction merely because he received her into his house
and refused to restore her. 5
The motives of the accused are, under this section, wholly immaterial. 6
The fact that they were of the best possible kind will afford him no defence.
It is not merely a seducer, who is punishable for this offence ; any person,
who takes the girl from her home for purposes which are inconsistent with
the exercise of the control of her proper guardian, can be convicted under
this section.
If the accused at the time he took the girl away did not know, and had
no reason to know, that she was under the lawful care or charge of such
i Part III.., Chap. VII., poit, p. 326.
* Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), s. 55.
8 B. v. Mcmkletow (1853), Dearal. 159.
* B. v. Bobins (1844), 1 O. & K. 466.
* B. v. Olifier (1866), 10 Cox, 402.
« B. v. Booth (1872), 12 Cox, 231.