88 Iowa 553 | Iowa | 1893
The indictment accuses the defendants “of the crime of compelling a woman to be defiled «against her will,” and charges the crime to have -been committed as follows: “The said P. A. Fernald and A. W. Brown, on or about the twenty-fourth day of July, in the year of our Lord one thousand, eight hundred and ninety, in the county of Washington, and state of Iowa, did unlawfully and feloniously and against her will take one Etta Jones, she being a female woman, and by force, menace, and duress compel her, the said Etta Jones, to be defiled by him, the said A. W. Brown, and said P. A. Fernald; and A. W. Brown did then and there unlawfully and feloniously, by force and menace, threaten her, the said Etta Jones, that unless she would surrender up her person to the said A. W. Brown, and. be by him defiled and carnally known, he, the said A. W. Brown, would circulate defamatory and scandalous reports, charges, and stories of and concerning her, the
Section 3862 of the Code is as follows: “If any person take any woman unlawfully and against her will, and by force, menace, or duress compel her to marry him or any other person, or to be defiled, he shall be fined,” etc. It is suggested on behalf of the appellant that this indictment charges the crime of malicious threats to compel the person threatened to. do an act against her will, under section 3871 of the Code. It is not charged that the threats were maliciously made, and for this and other reasons we conclude that the charge is not under section 3871, but is based upon section 3862. The evidence consists of admissions made by the defendants and the testimony of Etta Jones. It shows that for some time previous to the time it is alleged this offense was committed the defendant Fernald, an unmarried man, was keeping company with Etta Jones, then a young and inexperienced girl, and that their association led to criminal intimacy. Fernald boasted to Brown, a married man, of this criminal relation with Etta Jones, and, Brown expressing doubts as to the truth of his statements, it was agreed bet ween them that Fernald would take Etta Jones to a certain place on a certain evening; that Brown should come upon them while they were in the act of sexual intercourse; that Fernald would pretend to attempt to buy his silence with money, and that Brown should insist as the only condition upon which he would not tell what he had seen that Etta Jones allow him to have sexual intercourse ' with her. The subsequent statements of the defendants not only show this agreement between them, but also that it was fully carried out by them. Etta Jones testified that when Brown came upon them he said “Hello;” that Fernald offered him ten dollars not
There .can be no question but that, if the crime charged was committed, the defendants are alike guilty, as what was done was in pursuance of the agreement between them, and was participated in by both. If they took Etta Jones unlawfully and against her will, and by force,. menace, or duress compelled her to be defiled, they are guilty of the crime charged. In Beyer v. People, 86 N. Y. 370, the defendant was indicted under a statute substantially the same as our section, 3862. The defendant took the prosecutrix to a house of prostitution for the purpose of her defilement, under the pretense to her that he had procured her a situation as a servant in a respectable family. It was held that the woman was taken unlawfully and against her will. In this ease, as in that, the prosecutrix was ignorant of the purpose for which she was taken, hence it was against her will; and, the purpose being her defilement, the taking was unlawful. Theevidence'eertainly tends to show that Etta Jones was compelled to submit to the embraces of Brown by his threats to publish her criminal relations with Fernald if not so indulged. In Pollard v. State, 2 Iowa, 567, in construing section 2582 of the Code of 1851, which is identical with said section 3862, this court said: “It is true that no particular amount of force is necessary to constitute the offense, and the section 2582 of the Code was probably intended to cover those cases in which there is no force,
We think the case should have been submitted to the jury, and that the court erred in sustaining the defendants’ motion. Revebsed.