130 Iowa 294 | Iowa | 1906
Appellant complains only that the term of sentence was excessive. . In fixing the term, the court considered the evidence taken before the committing magistrate and the grand jury, and such evidence was made part of the record by bill of exceptions, and is before us on this appeal. Therefrom it appears that the girl upon whom the crime was committed was under the age of fifteen. She is the daughter of a farmer living near the town of Dana, in Greene county, and at the time in question.was at work in Dana as a servant girl. The defendant is a young man, and his home was at Dana. Before the night of the crime the girl and defendant had met but once, and then only to speak to each other. On the night in question, defend-.
The statute designates as rape in any event an act of sexual intercourse with a 'girl under the age of fifteen years, and this is because the law regards a girl of such a tender age incapable of consent. We are in no doubt as to the wisdom of the law. And we. are not disposed to lenieney in favor of one confessedly guilty of an offense under the law. In such cases we yield consideration to but one question, and that is whether excessive punishment within the meaning of the Constitution has been inflicted? As we have seen, these parties were country boy and country girl. Enough appears to make it probable that she was younger than her appearance would indicate. So, too, from the circumstances, it is fair to conclude that by her conduct she invited the proposal, and in the light of human experience it is not passing strange that he accepted it. This, of course, does not excuse, but it may serve to extenuate in some degree. At least, the case in its enormity is not to be compared with the crime when accomplished by means of arts or wiles, or other matters of inducement, and particularly where the offender is a man of mature age. In
