R v William Camplin
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1845 |
| Date | 01 January 1845 |
| Court | Central Criminal Court |
English Reports Citation: 174 E.R. 1016
CENTRAL CRIMINAL COURT.
Subsequent proceedings with annotations, 1 Den. 89
[746] central criminal court. March Session, 1845, before Baron Parke March 7th, 1845. regina v. william camplin. (On a trial for a rape, it was proved that the prisoner made the prosecutrix quite drank, and that when she was in a state of insensibility the prisoner took advantage of it and violated her. The jury convicted the prisoner, and found that the prisoner gave her liquor for the purpose of exciting her, and not with the intention of rendering her insensible, and then having sexual intercourse with her. The fifteen judges held that the prisoner was properly convicted of rape.) [Subsequent proceedings with annotations, 1 Den. 89]. Rape.-The prisoner was indicted for ravishing Jane Matthews, on the 31st day of December, 1844. (a) 8 C. & P. 626. See also the case of Regina v. Vivian, ante, p. 719. (f) See the cases of Rex v. Burgiss, T C. & P. 490 ; Rex v. James, id. 533 , and Regina v. Beard, 8 C. & P. 143. .7f?. BEGtNA V. CAMPLDf 1017 It was proved that the prosecutrix was a girl thirteen years old ; that the prisoner mad her qaite drunk ; and when she was in a state of insensibility took advantage of it and violated her. The jmry found that the prisoner gave her liquor for the purpose of exciting her, not with the intention of rendering her insensible, and then having sexual intercourse with hei. Bailantine, for the prisoner, submitted, that under these circumstances the crime of rape waa not committed. Parke, B., reserved the case for the opinion of the fifteen judges. Verdict-Guilty. Payne and Doane, for the prosecution. Bailantine, for the prisoner. [747] Before Lord Denman, C. J. ; Tindal, C. J.; Pollock, C. B. ; Alderson, B. ; Patteson, J. ; Williams, J. ; Coleridge, J.; Coltman, J. ; Rolfe, B. ; Wight-man, J.; Cresswell, J.; Erie, J.; and Platt, B. April 26, 1845. Bailantine, for the prisoner.-I submit, that in this case the offence of the prisoner did not amount to rape. Lord Hale (1 H. P. C. 628), Mr. Serjeant Hawkins (1 Hawk. P. C., c. 41, s. 1), Lord Coke (3 Inst. 60), and Sir E. H. East (1 Ea. P. C. 434) all define rape to be the unlawful carnal knowledge of a woman by force and against htr wifl (a). In the present case, the giving the prosecutrix liquor to excite her shews that the prisoner intended to bring her mind to a position that she might yield to what be did ; and I submit...
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