Gifford v. People

This is a writ of error to the circuit court of Kane county, on a judgment convicting Stephen Gifford of the crime of rape.

The fact of sexual intercourse between the defendant and the prosecutrix, at the alleged time and place, is not in dispute. The sole controversy is whether that intercourse was without the consent and against the will of the prosecutrix.

The immaturity of the age of the prosecutrix and the advanced age of the defendant—she being only thirteen and he past sixty years of age—we have no doubt very greatly, and perhaps, to some extent, it may be said, not improperly,…