Benson

Mr. Justice Terry concurred.

On the trial of this cause in the Court below, the defendant offered to prove that the prosecutrix, who was the only witness in the case, bad been guilty of certain acts of lewdness with other men.

In this class of cases, when the prosecutrix is the sole witness, and the accused is compelled to rely upon circumstantial evidence for his defence, any fact tending to the inference that there was not the utmost reluctance and resistance, is always received. That there was not an immediate disclosure; that there was no outcry, though aid was at hand and the prosecutrix knew it; that there was no indication of violence to the person ; that the act was committed at a time, and under circumstances calculated to raise a doubt as to the employment of force, are put as strong circumstances of defence, not as conclusive, but as throwing doubt upon the assumption, that there was a real absence of assent.

In 3 Greenleaf on Evidence, § 214, the rule is thus laid down: “ The character of the prosecutrix for chastity may also be impeached, but this may be done by general evidence of her reputation in that respect, and not by particular instances of her unchastity;…