State v. Spears
| Decision Date | 03 April 1906 |
| Parties | STATE OF IOWA, Appellee, v. ANDREW SPEARS, Appellant |
| Court | Iowa Supreme Court |
Appeal from Greene District Court.--HON. Z. A. CHURCH, Judge.
THE defendant was indicted for the crime of rape. Upon his plea of guilty he was sentenced to the penitentiary for the period of 15 years, and he appeals. Modified and affirmed.
Modified and affirmed.
Howard & Howard, for appellant.
C. W Mullan, Attorney-General, and Lawrence De Graff, Assistant Attorney-General, for the State.
Appellant complains only that the term of sentence was excessive. In fixing the term, the court considered the evidence taken before the committing magistrate and the grand jury, and such evidence was made part of the record by bill of exceptions and is before us on this appeal. Therefrom it appears that the girl upon whom the crime was committed was under the age of fifteen. She is the daughter of a farmer living near the town of Dana, in Greene county, and at the time in question was at work in Dana as a servant girl. The defendant is a young man, and his home was at Dana. Before the night of the crime the girl and defendant had met but once, and then only to speak to each other. On the night in question, defendant asked the girl to take a buggy ride, and she went with him. They drove a short distance into the country, and before their return an act of sexual intercourse had taken place, and this was followed by a similar act at a schoolhouse after they returned to town. On both occasions the act was consented to by the girl upon simple request and without any resistance. It is evident that she went with defendant expecting that sexual intercourse would be proposed, and, looking at the fact situation simply, it is evident that the acts were no more the procurement of defendant than of herself. It further appears that a few days later defendant proposed to the girl that they take a trip to the neighboring town of Gowrie, and to this she consented. Upon their arrival at Gowrie they were arrested and taken back to Dana. Nothing appears as to the previous history of either of the parties.
The statute designates as rape in any event an act of sexual intercourse with a girl under the age of fifteen years, and this is because the law regards a girl of such a tender age incapable of consent. We are in no doubt as to the wisdom of the law. And we are not disposed to...
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