People v. Benson
California Supreme Court
Appeal from the Court of Sessions of Sacramento County., The defendant was indicted for rape upon the person of a girl aged about thirteen years. She was the sole witness for the prosecution. She swore positively to the use of force upon the occasion laid in the indictment, and to the consummation of the act.
Read the full summary
Appeal from the Court of Sessions of Sacramento County., The defendant was indicted for rape upon the person of a girl aged about thirteen years. She was the sole witness for the prosecution. She swore positively to the use of force upon the occasion laid in the indictment, and to the consummation of the act. On cross-examination, she stated that the defendant had been having frequent connection with her for about a year previous to the alleged rape) that she lived in defendant’s house, and that he did it whenever he had a chance; that she never made any outcry, as defendant said he would…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
On the trial of this cause in the Court below, the defendant offered to prove that the prosecutrix, who was the only witness in the case, bad been guilty of certain acts of lewdness with other men.
In this class of cases, when the prosecutrix is the sole witness, and the accused is compelled to rely upon circumstantial evidence for his defence, any fact tending to the inference that there was not the utmost reluctance and resistance, is always received. That there was not an immediate disclosure;…
2Cases cited1 opinion
- People v. AbbotNew York Supreme Court · 1838
3Cited by102 opinions
- People v. Rincon-PinedaCalifornia Supreme Court · 1975
- People v. PutnamCalifornia Supreme Court · 1942
- People v. MerriamCalifornia Supreme Court · 1967
- People v. BurtonCalifornia Supreme Court · 1961
- People v. PantagesCalifornia Supreme Court · 1931
97 more not listed; retrieve them via the Exa API.