innocent man might have been saved from a malicious prosecution, to the hazard of his life, by this precaution. _Foderè_, in his work on Medical Jurisprudence, vol. 4, p. 363, mentions two cases from _Zacchias_, where the falsehood of an accusation was determined by a comparative inspection of both parties. See also the same work, and vol. 4, p. 365. 370.[613] As this is a crime of which the accusation is peculiarly easy, and the disproof proportionably difficult, more than ordinary acuteness is necessary for its investigation; and this can be best exercised while the event is recent, and before one or other of the parties can have time, deliberately, to frame the account of their injuries or innocence: here, as in some cases of murder, to which we shall have occasion to allude, the medical practitioner is likely to be one of the earliest witnesses to the conduct of the accuser (if not also, of the accused), immediately after the alleged transaction; to him therefore the Court will look, not only for surgical, but also for general observations. The following are among the first that will occur. 1st. What is the age, strength of body and mind, situation in life, and general character of the accuser? 2d. The same of the accused. 3d. Had the parties any, and what previous acquaintance and intimacy? 4th. What external and obvious signs are there of violence? 5th. What surgical proof of coition, whether voluntary or violent? 6th. Is either party tainted by any, and what disease? Time, place, and circumstances of the alleged offence. A female infant, under twelve years of age, is in law deemed incapable of consenting to any act, much less to her dishonor; the carnal knowledge of such infant, whether she yield or not, is therefore virtually a rape; but whether, if the child be above ten years of age, it be also a felony, has been questioned: Sir _Matthew Hale_, 1 _P. C._ 631, was of opinion that such profligate actions, either with or without consent, amount to rape and felony, as well since as before the statute of _Queen Elizabeth_; but in his Summary, the learned judge appears to have altered his opinion. And the present practice is, that if the child be under ten years of age, then it is felony by the statute; but if she be above ten and under twelve, then it is no rape if she consented, but only a misdemeanour; _Stat. West._ 1 _c._ 13, see 1 _East’s P. C._ 435.