R v Puddick
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1865 |
| Date | 01 January 1865 |
| Court | Crown Court |
English Reports Citation: 176 E.R. 662
LEWES CROWN COURT.
[497] Lewes Crown Court, Sussex Summer Assizes, 1865, corcnn Ciompton, J. regina v pudiuck (In criminal cases counsel for the prosecution, under Denman's Act, ought not, in summing up their evidence, to make observations on the prisoner's not calling witnesses, unless, at all events, it has appeared that he might be fanly expected to be in \ position to do so N ither ought they to piess it upon the jury that, if they acquit the pusoner, they may be considered to convict the prosecutor or prosecutnx of perjury ) The prisoner was indicted for that on the 2nd of June last, he feloniously and violently assaulted one Sarah Bailey, and her then ravished, and carnally knew Roupell for the prosecution. Pearce for the defence There was no doubt that on the 2nd of June, at about half-past nine in the evening the prisoner deflowered the prosecutrix, a girl of fifteen, in her father's orchard, thirty yards from the father's house. Her father was a publican, and she had been sitting in the tap-room with the prisoner and other men, the two sitting close together from eight o'clock in the evening until near nine, when he left. She about half an hour afterwards went out into the orchard, and her account was, that he suddenly appeared and took hold of her, that she at once fainted and was utteily unconscious of what took place, that she felt faint, and went into the house and went upstairs to her bedroom without speaking to her mother, and then tued to remove the traces of the act by washing, but that she felt so ill that she called her mother up and made a complaint, which was not renewed The parents sent for the prisoner, who lived close by, and as he was gone to bed did not then come, but came next clay and saw both, the father and mother, neither of whom charged a rape, although they accused him of having " ruined" their daughter, and their language woidd be equally applicable to infer a seduction For ten days there was no examination of the girl's person by a doctor nor any charge of rape On the 14th of June, ten clays after the event, the doctor was sent for, and examined the girl, and found all the symptoms consistent [498] witli a first connection about ten clays previously, but, on the other hand, he was of opinion that there was tenderness about the muscles of the thighs which could only have been caused by a forcible separation of the limbs, and indicated that there had been...
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