Odger's English Common Law

ABDUCTION. 221
pai-ent or guardian, he cannot be convicted. 1 But the fact that the accused
honestly and on reasonable grounds believed the girl to be over the age of
sixteen will afford him no defence, if as a matter of fact she be under
that age. 2 In all these cases the age of the girl must be strictly proved
that is, by the production of the certificate of her birth and by clear
evidence of her identity with the person named in the certificate. 3
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 girl under the age of eighteen
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, with intent that she should be carnally known
by any man. 4
It is a defence to this charge if the accused can show that at the time of
taking the girl out of lawful custody he had reasonable cause to believe
that she was of or above the age of eighteen. 6
—
It is also a defence if it be
shown that the girl left her parents of her own accord without any solici-
tation from the accused. But proof that it was owing to his inducements
that she left them is sufficient to convict him, provided there be evidence
of the intent required by the section. 8
It is felony punishable with fourteen years' penal
servitude for any one from motives of lucre to take away
or detain against her will a woman of any age entitled to
property, with intent to marry and carnally know her or to
cause her to be married or carnally known by another ; or to
fraudulently allure, take away or detain an heiress under the
age of twenty-one, against the will of her guardians, with
the same intent
;
7 or by force to take away or detain against
her will any woman of any age with the same intent. 8
The words of the statute are " shall have any interest, whether legal or
equitable, present or future, absolute, conditional or contingent, in any
real or personal estate, or shall be a presumptive heiress or co-heiress, or
presumptive next of kin, or one of the presumptive next of kin, to any one
having such interest." . The defendant, if convicted, is incapable of taking
i B. v. Hibbert (1869), L. E. 1 C. C. B. 184.
2 R. v. Prince (1875), L. E. 2 C. C. E. 154, ante, p. 118.
8 R. v. Rogers (1914), 24 Cox, 465.
* Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69), s. 7.
» lb.; B. v. Packer (1886), 16 Cox, 57.
e B. v. Miller (1876), 13 Cox, 179 ; B. v. Henhen (1886), 16 Cox, 257.
i 24 & 25 Vict. c. 100, s. 53.
8 76. s. 54.