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Hawaiian Kingdom Penal Code


CHAPTER XI.

 

RAPE--CARNAL ABUSE OF A CHILD—ABDUCTION—SEDUCTION.

 

CONTENTS.

 

SECTION 1.   Rape—Punishment.

2.     Carnally abusing a female child—Punishment.

3.     Assault with intent to ravish.

4.     Abduction—Punishment.

5.     Consent of female child void.

6.     Seduction—Punishment.

7.     The injured female a competent witness.

 

1.  Whoever commits a rape, that is, ravishes or has carnal intercourse with any female, by force and against her will, shall be punished by a fine not exceeding one thousand dollars, and imprisonment at hard labor for life or any number of years.

 

2. Whoever ravishes or carnally abuses and knows any female child under the age of ten years, shall suffer the punish-merit of death, or imprisonment for life at hard labor, in the discretion of the court.

 

3. Whoever maliciously assaults any female with the intent to commit the crime of rape, or maliciously assaults any female child under the ago of ten years, shall be punished by hire not exceeding one thousand dollars, and imprisonment at hard labor for not more than five years.

 

4. Whoever commits the offense of abduction, that is, by force or deception takes or entices away or detains any female, with intent to marry or to carnally defile her, or cause her to be married or carnally defiled, without her consent given previously to her being so taken or enticed away or detained, shall be punished by a fine not to exceed five hundred dollars, and imprisonment at hard labor not more than three years.

 

5. If the female so abducted be a child under ten years of age, such abduction shall be conclusively presumed to be by force, and without her consent and against her will.

 

6. Whoever, by conspiracy or by willful falsehood or deceit, seduces, causes or procures any unmarried female to commit fornication, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor not more than two years Provided, however, that in ease time parties to such fornication, subsequently legally intermarry together the above penalty shall not thereupon be inflicted.

 

7.  The female upon whom rape is alleged to have been committed, or who is alleged to have been abducted or seduced, is a competent witness in a prosecution for such rape, abduction or seduction; but no person shall be convicted of rape, seduction or abduction, upon time mere testimony of such female uncorroborated by other evidence direct or circumstantial.





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