22 Wis. 444 | Wis. | 1868
This was an indictment under section 5, chap. 170, R. S., for seduction. The prosecutrix in her testimony states the circumstances under which the sexual intercourse took place. It appears that she was between fifteen and sixteen years of age at the time, and was living with the defendant, who had married her aunt. The girl’s parents lived in Minnesota, and the defendant in Marathon county. The girl states that one night the defendant, during the absence of his wife, came to her room after she had gone to bed, and insisted upon getting into'bed with her — that she resisted, and he choked her — that he finally had intercourse with her, and threatened to kill her if she told of it; that at another time, in April, 1865, in his own house, he seized her — said he would have what he wanted,.or he would choke her — that he threw her across the bed-rail, and had intercourse with her. The girl said that she yielded to him
The crime of seduction is not to be confounded with the higher and more atrocious crime of rape. The latter crime is defined to be the carnal knowledge of a woman by a man forcibly and unlawfully, against her will. 2 Bouvier’s Law Dic., “ Rape.” The element of force forms a material ingredient of the offense, by which the resistance of the woman violated is overcome, or her consent induced by threats of personal violence, duress or fraud. Eor, unless the consent of the woman to the unlawful intercourse is freely and voluntarily given, the offense of rape is complete. But the word “ seduction,” when applied to the conduct of a man towards a female, is generally understood to mean the use of some influence, promise, arts, or means on his part, by which he induces the woman to surrender her chastity and virtue to his embraces. But we do not suppose that it must appear that any distinct promise was made to the female, or any subtle art or device employed. It is sufficient that the means used to accomplish the seduction, and induce the female to consent to the sexual intercourse. Perhaps the motive of fear on the mind of the female is not to be excluded — not