Odger's English Common Law

RAPE. 327
under the Criminal Law Amendment Act, 1885, or of an
indecent assault. 1
Sir Matthew Hale, C. J., said of a charge of rape, "It is
an accusation easily to be made and hard to be proved, and
harder to. be defended by the party accused, though never so
inuocent." 2
So much depends on the credibility of the woman
on whom the offence is alleged to have been committed. It is
not essential in law that her testimony should be corroborated,
though of course it is most desirable that any corroboration
which there may be should be laid before the jury. As a rule,
no third person is present at the time ; yet corroboration
may be afforded by the manner and appearance of the
prosecutrix, the state of her clothes, and what she said to
any persons whom she met shortly after the offence. If she
made no complaint to such persons, this fact will tell in favour
of the prisoner. If a medical examination took place shortly
afterwards, the evidence of the medical man who conducted
it will be most material. Again, the soil of the place where
the offence is alleged to have been committed may show
indications of a struggle. It may be important also to inquire
whether such place was remote and solitary, and whether her
cries, if she had made any, could have been heard. The con-
duct of the prisoner may also be material, e.g., if he fled from
his home immediately after the occurrence. The act, if done
without consent, is equally a rape, although the prosecutrix
be a common prostitute or the mistress of the prisoner. Such
facts, however, will operate strongly with the jury on the
question as to whether she really consented or not.
Evidence may be given to show that the prosecutrix is of
generally immoral character. 3
She may be asked whether she
has had connection with other men, but the prisoner is
bound by her answer and cannot call evidence to contradict
her. 4
She may further be asked whether she has had con-
nection with the prisoner on other occasions, and if she denies
this, evidence may be called to contradict her. 5
i 48 & 49 Vict. c. 69, s. 9.
2 1 Hale, 635.
3 R. v. Tuiington (1843), 1 Cox, 48.
* R. v. Holme! (1871), L. R. 1 C. C. R. 334. , ,
s R. v. RUey (1887), 18 Q. B. D. 481.