The Principles And Practice of Medical Jurisprudence / By Alfred Swaine Taylor V. 2

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The prisoner was acquitted 442 EAPE ox INFANTS AND CHILDREX.
of the rape, but found guilty of the assault. The absence of any marks of injury about the vulva so short a time after the alleged criminal act, and the fact of the hymen being unruptured, in some measure justified the opinion of Mr. Adams, that there was no medical proof of a rape having been com- mitted : at the same time he candidly restricted his opinion, by saying, that if by rape we are to understand penetration to the vulva, th
...en -was it effected ; but there was no evidence to show vaginal penetration — on the contrary, the Tinruptured state of the hymen in an alleged forcible intei-course was against this view. The only remark which this case requires is, that the Statute law says nothing about the rupture of the hymen as a necessary part of the evi- dence : it merely requires from the medical witness proof of penetration ; this Tuay occur, and the hymen remain intact. The distinction here drawn by the witness has no real existence.

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