Carnal knowledge of a woman while she is asleep is against her will;162 or if the act be committed while she is unconscious by means of drugs or liquors,163 or if the female yielded through fear or fraud, and the accused entered her person, the offense is complete;164 but in some jurisdictions the contrary rule prevails as to accomplishing the act by fraud.165

154 1 McClain Cr. Law, Sec. 440;

People vs. Dohring, 59 N. Y., 374. 154 Austine vs. People, 110 Ill., 248. 156 Anderson vs. State, 104 Ind.,467. 157 People vs. Lynch, 29 Mich., 274. 158 1 McClain Cr. Law, Sec. 448. 159 Sullein vs. People, 145 111., 287. 160 Whittaker vs. State, 50 Wis., 518; Mathews vs. State, 101

Ga. 547. 161 Taylor vs. State, 110 Ga., 150;

State vs. Atheron, 50 Iowa, 189; Conners vs. State, 47 Wis., 523. 162 Reg. vs. Young, 14 Cox. C. C, 114; Payne vs. State, 40 Tex., Cr. App., 202; Manloe vs.

Com., 91 Ky., 307.

So where a physician procures consent of the female and has sexual relations with her by falsely pretending that the act was necessary in treating her medically there is no offense;166 but in some states the contrary rule prevails.167

To have carnal knowledge of an insane or idiotic woman is rape if she was of such state or condition of mind as to render her incapable of expressing either consent or dissent.168

But if the female though idiotic or of weak mind consents to carnal connection through animal instinct or morbid desire the act is not a criminal offense, unless the female be under the age of consent.169