Trust Territory v Sablan [1970] TTLawRp 13; 5 TTR 46 (23 March 1970)

5 TTR 46

TRUST TERRITORY OF THE PACIFIC ISLANDS

v.

MANUEL S. SABLAN

Criminal Case No. 239

Trial Division of the High Court
Mariana Islands District

March 23, 1970

Information charging defendant with carnal knowledge of a female not his wife and under the age of 16 years. The Trial Division of the High Court, R. K. Shoecraft, Chief Justice, held that from the evidence offered from the victim and others to whom the accused spoke the court was convinced beyond a reasonable doubt that the crime was committed and that it was no defense to the charge that the victim may have been willing that the event take place.

1. Rape – Elements of Offense

There are two elements to be proved in a prosecution under Mariana Islands District Law 55-1966 relating to carnal knowledge, one is that the alleged victim was under 16 years and the other is there must be proof of penetration. (Mariana Islands District Law 55-1966)

2. Words and Phrases -- Carnal Knowledge

Carnal knowledge is synonymous in the law with sexual intercourse, they mean the same thing.

3. Statutes - Construction

Where a statute merely says that no person may do the act prohibited it is a prohibitive statute and there are usually no mitigating circumstances recognized in connection with a violation of such a statute.

4. Criminal Law - Burden of Proof - Presumption of Innocence

A defendant in a criminal case is entitled to have the presumption of innocence throughout the trial; that is, he is presumed to be innocent until actually proved to be guilty and that presumption never shifts from the defendant during the trial.

5. Criminal Law - Burden of Proof - Prima Facie Case

In a criminal prosecution the Government has the burden of proving all of the elements of the offense charged and that burden never shifts from the Government to the defendant; however, there may come a point during trial when the burden of going forward with the evidence might rest upon the defendant and this is principally when the Government has established a prima facie case.

6. Rape - Generally

Mariana Islands District Law 55-1966 relating to carnal knowledge is designed as a protective statute for female persons under the age of 16, and the usual assumption is that a female person under the age of 16 is incapable of protecting herself. (Mariana Islands District Law 55-1966)

Assessor:	HONORABLE IGNACIO V. BENAVENTE
Interpreter:	HEDWIG HOFSCHNEIDER
Reporter:	ELSIE T. CERISIER