HC Deb 06 August 1913 vol 56 cc1698-700

(1) Any person—

  1. (a) who unlawfully and carnally knows, or attempts to have unlawful carnal 1699 knowledge of, any woman or girl under care or treatment in an institution or certified house, or whilst placed out on licence therefrom or under guardianship under this Act; or
  2. (b) who procures, or attempts to procure, any woman or girl who is a defective to have unlawful carnal connection, whether within or without the King's dominions, with any person or persons; or
  3. (c) who causes or encourages the prostitution, whether within or without the King's dominions, of any woman or girl who is a defective; or
  4. (d) who, being the owner or occupier of any premises, or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman or girl who is a defective to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally; or
  5. (e) who, with intent that any woman or girl who is a defective should be unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, takes or causes to be taken such woman or girl out of the possession and against the will of her parent or any other person having the lawful care or charge of her;
shall be guilty of a crime and offence, and shall he liable upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years.

(2) Section 10 of the Criminal Law Amendment Act, 1885, shall apply in the case of a woman or girl who is a defective in the same manner as it applies in the case of a girl who is under the age of sixteen years.

(3) No consent shall be any defence in any proceedings for an indecent assault upon any defective if the accused knew or had reason to suspect that the person in respect of whom the offence was committed was a defective.

(4) If on the trial of an indictment for rape the jury are satisfied that the accused is guilty of an offence under paragraph (a) of Sub-section (1) of this Section, but are not satisfied that he is guilty of rape, the jury may acquit him of rape and find him guilty of such offence as aforesaid, and in that event he shall be liable to be punished as if he had been convicted on an indictment for such offence as aforesaid.

Amendments made: In Sub-section (1), paragraph (a), after the word "girl" insert the words "who is a defective."

In Sub-section (1), paragraph (a), leave out the words "whilst" ["or whilst placed out on licence."].

In Sub-section (1), paragraph (a) after the words "Act" ["under guardianship under this Act"], insert the words "under circumstances which do not amount to rape, but which prove that the offender knew at the time of the commission of the offence that the woman or girl was under such care or treatment or so placed out or under guardianship."

In Sub-section (1), paragraph (b), after the word "any" ["with any person or persons"] insert the word "other."

In Sub-section (1) paragraph (c) leave out the words "causes or encourages the" and insert the words "having the custody, charge or care of any woman or girl who-is a defective, causes or encourages her."

In Sub-section (1), paragraph (c), leave out the words "of any woman or girl who is a defective."

Leave out Sub-section (3) and insert "(3) Section 4 of the Criminal Evidence Act, 1898, shall have effect as if this section of this Act were included in the Schedule to that Act."—[Mr. McKinnon Wood.]