Odger's English Common Law

330 RAPE AND INDECENT ASSAULTS.
for the purpose of being carnally known by any man, is liable
to be sent to penal servitude for life, if the girl is in fact
under thirteen years of age ; if she is over thirteen but under
sixteen, he is liable to be imprisoned with or without hard
labour for two years. But in each case it will be a sufficient
defence for the prisoner to show that he or she had reasonable
cause to believe that the girl was of or above the age of
sixteen. 1
" Any person, who unlawfully and carnally knows or
attempts to have unlawful carnal knowledge of any girl being
of or above the age of thirteen years and under the age of six-
teen years, shall be guilty of a misdemeanour " and liable to be
imprisoned with or without hard labour for two years. But
it is a sufficient defence to this charge if the prisoner can show
that he had reasonable cause to believe, and did in fact
believe, that the girl was above the age of sixteen. 2 The
fact that she consented is immaterial. No prosecution can
be commenced "for this offence more than six months after
the commission of it. 3
The same punishment is awarded to " any person, who
unlawfully and carnally knows or attempts to have unlawful
carnal knowledge of any female idiot or imbecile woman or
girl, under circumstances which do not amount to rape, but
which prove that the offender knew at the time of the com-
mission of the offence that the woman or girl was an idiot or
imbecile." 3
" Whosoever shall be convicted of any indecent assault upon
any female " is liable to be imprisoned for two years with or
without hard labour. 4 The offence is a misdemeanour.
Where the female assaulted is under the age of thirteen
years, the fact that she consented is immaterial. 6
So, too,
consent by a boy under that age is no defence to a charge of
indecent assault ; and where the boy is above that age, it must
be remembered that mere submission is not consent. 6
1 Crim. Law Amendt. Act,, 1885, s. 6. See R. v. Webster (1885), 16 Q. B. D. 134.
2 B. v. Bamlts, [1916] 2 K. B. 621.
8 Crim. Law Amendfc. Act, 1885, s. 5, as amended by 4 Edw. VII. c. 15, s. 27. See
R. v. Tyrell, [1894] 1 Q. B. 710.
1 24 & 25 Vict. o. 100, s. 62.
6 43 & 44 Vict. o. 45, s. 2.
6 lb., and 24 & 25 Vict. c. 100, s. 62. See B. v. Day (1841), 9 C. & P. 722 : &.
v. Lock (1872), L. E. 2 C. 0. K. 10.