Majority
p. 566THE STATE vs. ELIAS HANDY, n. New Castle, Nov. sessions, 1845. insisted that the jury could not convict the prisoner unless they were satisfied that he had the physical capacity to commit a rape.
Headnote
Age of criminal capacity.The defendant was indicted for an "assault on Amanda Smith with intent to ravish her. The prisoner was a boy between fourteen and fifteen years of aget, and was proved to have assaulted a child of seven or eight years old with the intent charged.
Janvier, for the defence,
defined a rape to be the carnal knowledge of a woman, above the age of ten years, against her will; or of a female child, under the age of ten years, with or against her will; the law considering her incapable of consent. A boy under the age of fourteen years, is deemed by law incapable of committing a rape; and such a person could not be convicted of the offence of an assault with that intent; but, after fourteen years, he would be presumed capable, unless something appeared to the contrary.
The prisoner was convicted.