IF WOMAN IS KISSED AGAINST HER WILL

Hawke's Bay Herald-Tribune, Issue 164, 29 July 1937, Page 7

IF WOMAN IS KISSED AGAINST HER WILL

— Press Association.)

Indecent As'sault, Says Chief Justice _____ %

(B? Telegraph

PALMERSTON N., Last Night. "If a man kisses a woman against her will, it is an indecent assault. 1 don't say it is an indecent assault of a bad kind, but it is an indecent assault just the same," said the Chief Justic6, Sir Michael My^rs, in the Supremo Court to-day. "1 have recollections of Chief Justice Prendergast, 40 years ago, ruling in that direction at Wellington. I adopt and share the view which was then taken, so I direct you — and by my direction it is a matter of law — fhat if "a man kisses a woman against her will it is an indecent assault. Tho Cbiof Justice made these romarks in his summing up in tho trial in which Hector John McBonald, agcd 39, was charged with indecently assaulting a young woman. The Chief Justice added that the case assumed a slightly more serious aspect if the evidence of the woman wbre accepted. at its full, for ,^ho aileged that in addition to kissing hor he committed certain other actiw&s. " A further direction I give&you is that if you arc able to fiud in jitil the cireumstances of tlie case that accuscd had no intention of any indocency, it is compotont for you to fiud him guilty of common assault," euid tho Chief Justice. "KisHing a woman against her will wouid eejrtuirily amount to common assault, ii' not indecent assault." Tho jury found accused guilty of common assault, with a recommendation to leuiency. McDonald was remanded for seutence.