The Queen v William Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1850 |
| Date | 01 January 1850 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 381
Crown Cases
S. C. T. & M. 318; 4 New Sess Cas 347; 19 l. J. M. C. 174; 15 L T. O S 306; 14 J. P. 339; 14 Jur. 4 Cox C C 220 Considered, R v. Flattery, 1877, 2 Q. B. D. 410; R. v. Dee, 1884, 15 Cox C C 579; R v. Clarence, 1888, 22 Q. B. D. 23; R. v. Williams, [1923] 1 K B. 340. Referred to, Hegraty v. Shire, 1878, 14 Cox C. C. 145
[580] 1850. the queen v. william case. (Prisoner, a medieal man, has connexion with a girl of 14 years of age, under the pretence that he was thereby treating her medically for the complaint for which he was then attending her. She made no resistance, owing solely to the b&ttafide belief that such was the case. Held, guilty of an assault. Queere, Whether not guilty of a rape 1} [S. C. T. & M. 318 ; 4 New Sess Cas 347 ; 19 L. J. M. C. 174 ; 15 L T. 0 S 306 ; 14 J. P. 339; 14 Jur. 489 ; 4 Cox C. C 220 Considered, R v. Flattery, 1877, 2 Q. B. D. 4K); R. v Dee, 1884,15 Cox C C 579 ; R v. Clarence, 1888, 22 Q. B. D. 23 ; R. v. Wdliams, [1923] 1KB. 340. Referred to, Hegaaty v. Shire, 1878, 14 Cox C. C. 145 ] Wilfiam Case was tried before W H. Bodkin, Esq , the Recorder, at the April Quarter Sessions, A d 1850, for the borough of Dover, for an assault upon Mary Impett. The defendant was a medical practitioner, and Mary Impett, who was fourteen years- old was placed under his professional care by her parents in consequence of illnese arising fiom suppressed menstruation. The defendant gave her medicines, and en the occasion of her going to his house and informing him she was no better, he observed, " Then I must try further means with you." He then took hold of ber and laid hei down in his surgery, lifted up her clothes, and had carnal connexion with her, ghe making no resistance, believing, as she stated, that she was submitting to medical treatment for the ailment under which she laboured. The defendant's counsel, in his address to the jury contended that the girl was a consenting party, and therefore that the charge of assault could not be sustained. The Recorder told the jury that the girl wa& of an age to consent to a man having carnal connexion with her, and that if they thought she consented to such connexion witk the defendant he ought to be acquitted ; but that if they were satisfied she waa ignorant of the nature of the defendant's act, and made no resistance, solely from a bwia fide belief that the defendant was (as he represented) treating her medically...
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X City Council v MB and Others
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