By English statute it is rape to have carnal knowledge of a female under the age of ten years, either with or without consent, she being conclusively presumed incapable of giving consent.170

Carnal knowledge of the female under the age of ten years is necessarily against her will.171

Under the common law an infant under the age of fourteen years is presumed incapable of committing rape. But if it appears that an infant between the age of seven and fourteen is able to distinguish good and evil, he is capable of committing that crime.172

163 Com. vs. Burk, 105 Mass., 377; Shirwin vs. People, 69 Ill., 53.

164 Hughes Cr. Law, Sec. 288; Underbill Cr. Ev., Sec. 417.

165 Lewis vs. State, 30 Ala., 54;

Bloodworth vs. State, 6 Bat. (Tenn.), 614. 166 Walter vs. People, 50 Barl., N. Y., 144; Don Moran vs. People, 25 Mich., 356.

167 State vs. Cunningham, 100 Mo., 382; Hughes Cr. Law, Sec. 288.

168 Reg vs. Barnett, 12 Cox. C. O., 498; Felton vs. State, 139 Ind., 531.

169 People vs. Croswell, 13 Mich., 427; Reg. vs. Fletcher, 10 Cox. C C 248

170 1 Hale P., 631; Underhill's Cr.

Ev., 407; Hughes Cr. Law, Sec. 290; Com. vs. Murphy, 165 Mass., 66; Coates vs. State, 50 Ark., 330.

171 State vs. Erickson, 45 Wis., 86;

Hughes Cr. Law, Sec. 290.

Persons over the age of fourteen years are presumed to be capable of committing the crime of rape unless the contrary shall appear.173

The age of the female which renders her incapable of consenting to the act of sexual intercourse may be over ten years. Thus a statute declaring that carnal knowledge of a female under the age of eighteen shall be rape is valid.174