not 'by force,' and it is not 'against
her will,' but it is 'without her consent,' as she has not been fully
informed as to all the circumstances of the case.

In all cases of rape in which there is no actual resistance or
objection, consent may be assumed. It is not essential that the woman
should state in so many words that she does not object. The force used
may be moral and not physical--_e.g._, threats, fear, horror, syncope.

By 48 and 49 Vict., c. 49, the carnal knowledge of a girl under thirteen
is technically rape. The consent of the girl makes no difference, since
she is not of an age to become a consenting party.

An attempt at carnal knowledge of a girl under thirteen is a
misdemeanour. Her consent makes no difference, and even the solicitation
of the act on the part of the child will not exonerate the accused.

Intercourse with a girl between thirteen and sixteen, even with her
consent, is a misdemeanour.

This Act is a favourite with the blackmailer. The child is sent out to
solicit, dressed like a woman, but appears in the witness-box in a much
more juvenile costume.

To constitute rape there must be _penetration_, but this may be of the
slightest. There may be a sufficient degree of penetration to constitute
rape without rupturing the hymen. Proof of actual emission is now
unnecessary.

The subject of carnal knowledge (C.K.) or its attempt may be summed up
as follows:

Under thirteen C.K. Felony.
Under thirteen Attempt Misdemeanour.

Consent no defence.

From thirteen to sixteen C.K. Misdemeanour.
From thirteen to sixteen Attempt Misdemeanour.

Consent and even solicitation no defence.
Reasonable cause to believe the girl over sixteen is a good defence.
Charge must be brought within three months.

Over sixteen C.K. with consent Nil.

Subject to civil action for loss of girl's services by father.

Idiot or imbecile C.K. with violence Rape.
Idiot or imbecile C.K. without violence Misdemeanour.
Personation of husband Rape.

Tacit consent no defence, for obtained by fraud.

Married woman C.K. with consent Adultery.
Mother, sister, daughter, C.K. consent immaterial; Incest.
grand-daughter born in wedlock or not
Females Indecent assaults Misd