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Aggravations of the Crime
“Se la legge non comprendesse sotto le disposizioni del detto articolo 195 (212) il reato di cui e' parola, nascerebbe il notabile e rimarchevole assurde, che una moglie, per la sola considerazione di moglie, dovrebbe considerarsi soggetta a qualunque atto violente della specie di cui e' parola, a cui piacesse assoggettarla il lui marito” .
Another question which is discussed in connection with the crime of rape is whether it admits of attempt. The better doctrine is that it does. We have already seen that if there is as much as a commencement of the carnal connection, the crime is completed and not merely attempted. But if there are other acts committed with violence and which do not amount to a commencement of the connection itself but constitute a commencement of the execution of the crime, and are clearly directed to the carnal connection, then there will be an attempted rape. It may be difficult in practice to distinguish between an attempted carnal knowledge with violence on the one hand, and violent indecent assault, defilement of niners, etc. c-n the other, since the material element of these crimes, may not offer any difference. To make the distinction regard must be had to the intentional element in order to ascertain whether the agent intended, for instance, to indulge his lust independently from carnal connection.
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Aggravations of the Crime
The ordinary punishment for the crime is increased, by one degree in each of the following cases:
(a) when the offender has availed himself of his capacity of public officer, or when the offender is a servant of the injured party, with salary or other remuneration
(b) when the crime is committed by any ascendant, tutor, or institutor on any person under eighteen years of age
(c) when the crime is committed on any prisoner by the person charged with the custody or conveyance of such prisoner
(d) when the offender has, in the commission of the crime, been aided by one or more persons
(e) when the offender has, in the commission of the crime, made use of any arms proper
