Territory v. Takeo Nishi

Citations

• 24 Haw. 677
• 1919 Haw. LEXIS 61

Syllabus

<p>Rape — resistance by woman.</p> <p>In the absence of threats or other things which make resistance impossible there must be not only an entire absence of mental consent but there must be the most vehement exercise of every physical means or faculty within the woman’s power to resist.</p> <p>Same — instructions to jury.</p> <p>Where there was no evidence that the ability of the prosecuting witness to resist was overcome by reason of unconsciousness, threats or otherwise, it is held to be error for the court to refuse to instruct the jury that in order to convict they must find that the prosecuting witness “did everything she could under the circumstances to prevent the defendant from accomplishing his purpose. If she did not do that it is not rape.”</p> <p>Same — evidence of complaint — probative effect.</p> <p>The effect of evidence that a complaint was promptly made by the prosecuting witness is to affect favorably the credibility of such witness and not to corroborate the testimony given at the trial. Territory v. Schilling, 17 Haw. 249, overruled.</p>