49 P. 889 | Or. | 1897
delivered the opinion.
The defendant was indicted and convicted for an assault upon Bessie Robbins, a female child of the age of eight years, with intent to commit a rape. The child testified as a witness for the state, in substance, that one Grace Casey was with her at the time of the alleged assault; that they went directly from the place of the assault to where the Casey girl’s mother lived, in the same block, and that Grace related to her mother what had transpired; that they went from there to where Mrs. Robbins, the mother of Bessie lived, also in the same block, and that Grace told Mrs. Robbins what had happened. Grace Casey corroborated Bessie, and thereupon Mrs. Robbins was called and testified, over the objection of the defendant, that Grace told her what had happened while Bessie was standing by; that Bessie, when asked if what Grace said was true, ran out of doors, and hid behind the house, and then into the bedroom, and hid under the bed, and, upon being persuaded to come out, that she then told the same story as had been just related by the
We will notice but one other assignment, as the
The law has determined that a female child under the age denominated is incapable of consenting. It is as though she had no mind upon the subject, no volition perfaining to it. There is a period in child life when in reality it is incapable ■of consenting, and the legislature has simply fixed •a time, arbitrarily, as it may be, but nevertheless wisely, when a girl may be considered to have arrived at an age of sufficient discretion, and fully competent,»to give her consent to an act which is ■a palpable wrong, both in morals and in law. Un
Reversed.