...jurisprudence tor more than two hundred and fifty years. "It must be remembered," Hale wrote of rape, "that it is an accusation easily to be made and hard...proved, and harder to be defended by the party accused, tho never so innocent."56 He supplemented this observation by recital of a story from a Sussex court...

...In the eighteenth century, "the English Lord Chief Justice Matthew Hale warned that rape is a charge 'easily to be made and hard to be proved, and harder to be defended by the party accused, tho' never so innocent.'"27 Justice Male's word came to codify certain already existing practices in...

...toward rape. "It is true, rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered...harder to be defended by the party accused, though ever so innocent" (Hale, 1680, p. 635). This ambivalence in the attitudes of the law and those who...

...to set down what lawyers for many centuries must have felt about the trial of rape. It is, he said, 'an accusation easily to be made and hard to be proved, and harder to be defended by the party accused tho never so innocent'. It was for these reasons he advocated the checking, in modern detective style,...

...of the famous saying of Sir Mathew Hale regarding the 594 NM 85 P.2d NM 595 crime of rape, that : " 'It must be remembered, that it is an accusation easily...defended by the party accused, though never so innocent;' and that courts should 'be the more cautious upon trials of offenses of this nature, wherein the court...

...seventeenth-century English jurist Lord Chief Justice Matthew Hale, the court sympathized that "rape is an accusation easily to be made and hard to be...proved and harder to be defended by the party accused. . . ." The high court vacated the execution decree and ordered a new trial.45 Although not all cases...

...culture for hundreds of years, traceable at least to Sir Matthew Hale's famous pronouncement that rape "is an accusation easily to be made and hard to be...proved, and harder to be defended by the party accused, tho never so innocent" (Hale f1650] 1847, 635). Hale's original concern was that if a couple were caught...

...quoted for hundreds of years afterward by attorneys, judges, and legal scholars. Hale wrote, "Rape is an accusation easily to be made and hard to be...proved, and harder to be defended by the party accused, tho never so innocent." Until the 1970s, it was standard procedure in the United States for judges...

...an unreliable account being given. CHAPTER EIGHT Complaints of sexual misconduct Janet Boakes It ù an accusation easily to be made and hard to be proved and harder to be defended by the party accused, tho' never so innocent (Sir Matthew Hale). 8.1 INTRODUCTION Allegations of sexual misconduct are notorious...

...Justice of the King's Bench, warned against the false rape complainant. 1 1 His admonition, that rape "is an accusation easily to be made and hard to be proved, and harder to be defended against by the party accused, tho never so innocent,"12 found its way into judicial opinions and special...