People v. Benson

Citations

• 6 Cal. 221
• 1856 Cal. LEXIS 100

Syllabus

<p>On a trial for rape, where the prosecutrix is the only witness, evidence that she had committed acts of lewdness with other men is admissible, as tending to disprove the allegation of force and total absence of assent on her part.</p> <p>It seems that proof of particular acts of lewdness should bo admitted in preference to general reputation, which may be good or bad, either deservedly or undeservedly.</p> <p>If these particular instances of lewdness are admissible, it is immaterial by whom they are proved, and it is unnecessary to question the prosecutrix as to them; they are introduced not so much to impeach her testimony as to do away with the presumption of the greatest reluctance and resistance on her part.</p> <p>In such cases, the facts that there was no outcry, though aid was at hand and the prosecutrix knew it; that there was no immediate disclosure; that there was no indication of violence on her person, and that the act was committed at a time and under circumstances calculated to raise a doubt as to tho employment of force, are put as strong circumstances of defence, not as conclusive, but as throwing doubt upon the assumption that there was a real absence of assent.</p> <p>2R> case of this class of prosecutions should ever go to the jury on the sole testimony of the prosecutrix, unsustained by facts and circumstances corroborating it, without the Court warning them of the danger of a conviction on such testimony.</p>