The perpetrator must be above the age of fourteen years.
The definition of rape which we have given is not altogether
satisfactory. Take, for example, the case of a woman who goes to bed
expecting her husband to return at a certain hour. The lodger, let us
say, takes advantage of this fact, and, getting into bed, has connection
with her, she not resisting, assuming all the while that it is her
husband. This is rape, but it is 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.
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