216 Mich. 123 | Mich. | 1921
Lead Opinion
Plaintiff recovered a judgment of $2,000 in the Kent circuit court for seduction. Defendant upon this writ of error seeks its reversal upon two grounds only: That plaintiff did not make a case of seduction by her testimony, and that her declaration was insufficient. Upon the argument of the case I was impressed that defendant’s first contention was correct. But a careful examination of this record, a comparison of it with records in other cases in this court in which it has been held that liability was established, an examination of the decisions of this court where the question has been in-volved, has persuaded me that plaintiff has made a case for the jury when we keep in mind the rule that, upon a motion to direct a verdict for defendant, the testimony and legitimate inferences that may be drawn from it most favorable to plaintiff must be accepted.
Plaintiff was 21 years of age at the time of the alleged seduction. She had been brought up at Shelby in Oceana county where she attended school. It is claimed she was backward. She did not graduate from school until after she was 20 years old. She worked in a telephone office there for a while, when she came to Grand Rapids and obtained employment as telephone operator at the Pantlind hotel. Here she
In the fore part of April defendant called plaintiff on long distance telephone from Detroit; told her he
There was no promise of marriage but plaintiff claims that defendant’s repeated protestations of love were false and were made to secure her downfall, but that she at the time believed and relied upon them to her ruin; that she had become very fond of him and had confidence in him. She testifies:
“He embraced me and he told me he thought a great deal of me and that is as far as he went. I believed him. I had no reason to believe otherwise. At the time of my first intercourse with Mr. Embrey I had come to think a great deal of him. He expressed his love to me at various times. I believed him. I didn’t see him after this occasion in my room. That was the last. I became pregnant but did not realize it until in August in the hospital.”
. It is the theory and claim of plaintiff’s counsel that plaintiff was a simple-minded country girl, in no way
Illicit intercourse alone does not constitute the crime of seduction. Where it is induced simply to gratify a lustful passion on the part of both the offense is not committed.
“ ‘Seduction may be defined to be the act of persuading or inducing a woman of previous chaste character to depart from the path of virtue by the use of any species of arts, persuasions, or wiles which are calculated to have, and do have, that effect, and resulting in her ultimately submitting her person to the sexual embraces of the person accused.’ ” People v. Gibbs, 70 Mich. 425.
In this case it was said by Chief Justice Sherwood, speaking for the court:
“The ‘seducing and debauching of the unmarried female’ was tbe crime for which the. respondent was being tried. It consisted of the means used by him to induce this young girl to yield and surrender to him her chastity and her virtue; and such means always include all the acts, artifices, influences, prom*128 ises, enticements, and inducements, calculated, under all the circumstances of the case being considered, to accomplish that object; and all testimony having any tendency to establish any of these should be admitted when offered to prove the criminal conduct. We find nothing in the testimony received going beyond this.
“In all such cases, the age, experience, artfulness, and blandishments of the offender, and the youthfulness, innocent, guileless and confiding nature of the injured party, will always be found to enter largely into the consideration of the acts of the parties involved in the investigation; and the largest latitude consistent with safety should be allowed in talcing the testimony having any tendency to develop the material facts in the case. A proper regard for the protection of female virtue, and the welfare of society, can never require less. * * *
“A false promise of marriage, under our statute, is not a necessary element in the influence exerted through the wiles, artifice, and deception used by the seducer in taking advantage of the guileless simplicity and confidence of a young girl, and) leading her from the path of virtue, in depriving her of her chastity, and accomplishing her ruin; but any other subtle device or deceptive means, involving the same moral turpitude, used by him in accomplishing the same criminal result, is all that is necessary to constitute the crime. The quality of the means used, rather than the kind, is that which characterizes the act, and brings it under the condemnation of the law.”
In Stoudt v. Shepherd, 73 Mich. 588, this court, speaking through Justice Campbell, said:
“This; court recognized, what we conceive to be the recognized doctrine of experience, that seduction may be accomplished by means of influence and persuasion intended to reach, and actually reaching, the result, which do not necessarily involve either a promise of marriage or pecuniary advantage; and that such effectual persuasion which is the active cause of it may be as distinct a grievance as the more venal representations, which appeal to covetousness more than to excited feeling.”
“It was urged by the defendant that on the evidence of the plaintiff the action could not be maintained, because as she claimed, the intercourse was accomplished by force, and was therefore not seduction, but rape. But the plaintiff’s evidence did not make out rape: it made out only that her will was overcome by the defendant’s superior will, which had controlling influence because of the parental relation which he had assumed towards her.”
We shall not quote farther from the cases. The following together with the records in several of them have been examined. People v. Millspaugh, 11 Mich. 278; People v. Brewer, 27 Mich. 134; People v. Clark, 33 Mich. 112; Lewis v. People, 37 Mich. 518; People v. DeFore, 64 Mich. 693 (8 Am. St. Rep. 863); People v. Gould, 70 Mich. 240; Hallock v. Kinney, 91 Mich. 57; Becker v. Mason, 93 Mich. 336; People v. Bressler, 131 Mich. 390; People v. Smith, 132 Mich. 58; Greenman v. O’Riley, 144 Mich. 534 (115 Am. St. Rep. 466); Velthouse v. Alderink, 153 Mich. 217 (18 L. R. A. [N. S.] 587); People v. Adams, 162 Mich. 371; People v. Turton, 192 Mich. 331. None of them are out of accord with the excerpts quoted.
While counsel on both sides have cited cases from other jurisdictions which have been examined we do not deem it necessary to discuss them. This court has been called upon to consider such cases altogether too frequently and the law is pretty well settled in this State. Our own cases must control. Their examination and particularly those in which the records are available is convincing that plaintiff by her testimony has made a case for the jury under the former holdings of this court. It is true that she was 21 years
We think the plaintiff’s declaration was sufficient as against the objections urged. While in some regards it used general language where specific allegations would have been more appropriate* it was sufficient
The judgment will be affirmed.
Dissenting Opinion
(dissenting). At the conclusion of plaintiff’s testimony in this case defendant requested a directed verdict on the ground that a case of seduction had not been made. I think this motion should have been granted. It is true that it is not always easy to determine just what conduct will constitute seduction, but if we are going to say that defendant is guilty of seduction, we should be able to point out the acts which make him so. If the acts as shown in this case constitute seduction, then all cases of fornication outside of commercialized vice are seduction. Courts have gone a great ways and have strained the rule in order to protect young girls, but there is no young girl involved in this case. Plaintiff was a grown woman, 21 years of age, and a graduate of the Shelby high school. She had had experience as a telephone operator in Shelby and nearly 6 months’ experience as a telephone girl in a cosmopolitan hotel. She made a date with defendant to go to dinner with him before she saw him and before he had seen her. She explained to him over the phone how she was dressed so he would know her on the street or at the entrance of the hotel. She met him in pursuance of this appointment and both appear to have been mutually attracted. She went to dinner with him and afterward to the theatre. The third or fourth time after she saw him she submitted to his embraces, She does not claim that he made her any promises, in fact she states that he made her no promises. He said
In considering a similar case, the Oregon court said:
' “An action for obtaining property fraudulently cannot be maintained without proof of facts calculated to deceive a person of ordinary prudence; and how can a female a long way beyond girlhood claim to have been defrauded of that which every womanly instinct of her nature prompts her to set the highest value upon, by ‘flattery, false promises, artifice, urgent importunity, based upon professions of attachment,’ unless they are of such a character as are calculated to mislead an ordinarily prudent and virtuous minded woman?
“The individuality of the female sex has been materially advanced during the past few years; their knowledge of the world has been greatly improved, and their legal capacity enlarged. The notion that they belong to the weaker sex is only entertained by the credulous and unsophisticated. They are not easily beguiled, and should be held to a reasonable responsibility; and if allowed to maintain an action for their own seduction, and demand a large compensation for their loss of character, should be required to prove something more than mere importunity as the means through which it was accomplished.”
The facts as related by plaintiff do not make de
The judgment should be reversed.