State v. Browder

The act of “carnally knowing and abusing any female child under the age of twelve years” is rape, even though she consents. G.S. 14-21; S. v. Storkey, 63 N.C. 7; S. v. Johnson, 226 N.C. 671, 40 S.E. 2d 113. Neither force, nor intent are elements of the offense. S. v. Jones, 249 N.C. 134, 105 S.E. 2d 513.

The State’s evidence presents these facts: On 6 May 1959 the female child named in the warrant was eleven years old. She is a stepdaughter of the defendant. On that day in their home the defendant had sexual intercourse with her. On 29 May 1959 this little girl was examined by Dr. Malene G.…