TaiLexi AI U.S. Case Law

People v. Lourintz

THE PEOPLE v. JOHN LOURINTZ

People v. Lourintz, 46 P. 613 (Cal. 1896)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
California Supreme Court · State Highest Courts
Decided
October 29, 1896
Docket
No. Crim. No. 188
Judges
Fleet
Citations
46 P. 613114 Cal. 6281896 Cal. LEXIS 954
Headnotes
Criminal Law—Assault with Intent to Commit Rape—Female under Ase op Consent.—A girl under the age of lawful consent is incapable in law of consenting to an assault committed with the intent to have sexual intercourse, and whether she in fact consents to or resists such assault is immaterial,
Summary
Appeal from a judgment of the Superior Court of the City and County of San Francisco and from an order-denying a new trial. William T. Wallace, Judge. An information was filed against defendant charging him with the crime of rape, committed on a female child under the age of fourteen years, she not being his. wife, and also charging that he made an assault for that purpose, violently and feloniously. Defendant was arraigned upon said charge and. pleaded not guilty. The-jury rendered a verdict finding defendant guilty of an assault with intent to commit rape, and he was sentenced to imprisonment in the state prison for the term of ten , years. That part of the instructions referred to in the-opinion which was objected to by counsel for defendant-is as follows: “An assault is an unlawful attempt coupled With a present ability to commit a violent injury upon the person of another. It is not a defense against the «charge of rape actually committed upon a child under fourteen years of age, nor against a charge of an assault made with, intent to commit a rape upon her, that she was at the time willing to all that was done or attempted; nor is it a defense that the child had- before then, if such be the fact, sexual intercourse with other men.” Further facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Fleet

Text extracted by OCR from a scanned original; check the original for exact wording.

Van Fleet, J.

The sole question in this case is whether a defendant can be? legally convicted of an assault with intent to commit rape upon the person of a female under the age of consent, where the latter in fact consents'to the defendant’s act.

This same question was before the court in the recent case of People v. Verdegreen, 106 Cal. 211 , 46 Am. St. Rep. 234 , where the reasoning and doctrine of the cases now relied upon by defendant was considered and re *630 jected, and where it was held (following People v. Gordon, 70 Cal. 467 ) that, under our statute, which makes a female under a certain age incapable of consenting to an act of sexual intercourse, and making such act rape regardless of such consent, a girl under that age is equally incapable in law of consenting to an assault committed with the intent to have such intercourse; that whether the girl in fact consents to or resists such an assault is immaterial—in either event the defendant is guilty. It is there said:

“It is the declared policy of our law, as expressed in the statute, that any female under the age there fixed shall be incapable of consenting to the act of sexual intercourse, and that one committing the act with a girl within that age shall be guilty of rape, notwithstanding he obtain her actual consent. The obvious purpose of this is the protection of society by protecting from violation the virtue of young and unsophisticated girls. To hold that one of this class, although incapable of consenting to sexual commerce, could, nevertheless, give her assent to an assault upon her person made for the express purpose of accomplishing the sexual act, would be to largely emasculate the statute, and defeat in great part its beneficent object. It is the insidious approach and vile tampering with their persons that primarily undermines the virtue of young girls, and eventually destroys it; and the prevention of this, as much as the principal act, must undoubtedly have been the intent of the legislature. The incapacity extends to the act and all its incidents.”

The evidence in this record clearly makes a case against the defendant within the principles there announced, and the instructions of the court are in exact accord therewith. As we are not disposed to depart from the construction there given our statute, we must hold that the court below did not err in its rulings.

' Judgment and order affirmed.

Garoütte, J., and Harrison, J., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1901: 11908: 11910: 21911: 11979: 119012026peak 1910 · 2

Relies on it most ⓘ

  1. Michael M. v. Superior Court601 P.2d 572 (Cal. 1979)
  2. People v. Babcock117 P. 549 (Cal. 1911)
  3. Ross v. State93 P. 299 (Wyo. 1908)
  4. Schang v. State43 Fla. 561 (1901)
  5. State v. Fujita129 N.W. 360 (N.D. 1910)
  6. Nider v. Commonwealth131 S.W. 1024 (Ky. Ct. App. 1910)

Most recent

  1. Michael M. v. Superior Court601 P.2d 572 (Cal. 1979)
  2. People v. Babcock117 P. 549 (Cal. 1911)
  3. State v. Fujita129 N.W. 360 (N.D. 1910)
  4. Nider v. Commonwealth131 S.W. 1024 (Ky. Ct. App. 1910)
  5. Ross v. State93 P. 299 (Wyo. 1908)
  6. Schang v. State43 Fla. 561 (1901)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
People v. Verdegreen, 39 P. 607 (Cal. 1895) 24
People v. Gordon, 11 P. 762 (Cal. 1886) 13

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list