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Free Books / Society / Law / Criminal Law, Criminal Procedure, Wills, Administration / | ![]() |
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Section 60. Complaint Of The Female |
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This section is from the book "Popular Law Library Vol10 Criminal Law, Criminal Procedure, Wills, Administration", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
It is quite natural for a female who has been assaulted or ravished to make complaint of the fact to her parents or others without delay.
Such complaint is competent evidence only of the mere fact that she made complaint and not of who the person was that committed the assualt upon her.184
The details of what the female may have told to others cannot be given in evidence.
Under this rule the mother of the child alleged to have been ravished may state as a witness that the child complained to her as soon as she returned home and that she examined the child, and she may state the result of such examination as to the condition of the child.185
180 People vs. Hartman, 103 Cal., 242; Pratt vs. State, 19 Ohio St 277
181 Hughes Cr. Law, Sec. 298.
182 State vs. Baskett, 111 Mo., 271; State vs. Sherman, 106 Iowa 684.
183 People vs. Griffin, 117 Cal., 583; Hughes Cr. Law, Sec. 301.
184 Bean vs. People, 124 111., 683;
Stevens vs. People, 158, 111., 121.
Evidence that the child complained to her mother the next day is competent although she was taken home frightened and crying the evening before when she was assaulted.186
The delay of the female in making complaint may be through shame or fear - she may even deny that she was assaulted.187
But if the evidence fails to show that the female made any outcry or complaint very soon after the alleged assault without any reasonable excuse for the delay, such evidence is of little or no value,188 and such delay for five months before telling any one, without any reasonable excuse, renders the evidence incompetent as being too remote.189
 
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