Mills v. United States,
164 U.S. 644 (1897)

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U.S. Supreme Court

Mills v. United States, 164 U.S. 644 (1897)

Mills v. United States

No. 536

Submitted December 15, 1896

Decided January 4, 1897

164 U.S. 644


On the trial of a person accused of rape, the court, in charging the jury, said:

"The fact is that all the force that need be exercised, if there is no consent, is the force incident to the commission of the act. If there is nonconsent of the woman, the force, I say, incident to the commission

Page 164 U. S. 645

of the crime is all the force that is required to make out this element of the crime."

Held, that this charge covered the case where no threats were made, where no active resistance was overcome, where the woman was not unconscious, where there was simply nonconsent on her part and no real resistance, and that such nonconsent was not enough to constitute the crime of rape.

The case is stated in the opinion.

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