Saverland v Newton

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Saverland v. Newton (1837) est une affaire juridique (en) dans laquelle le Britannique Thomas Saverland intente une poursuite contre Caroline Newton, qui a mordu la partie gauche du nez de ce dernier après qu'il a tenté d'embrasser de force cette dernière lors d'une soirée de fin décembre 1836 à Holborn^[1]^,^[2]. Le juge statue en défaveur du plaignant, affirmant que « lorsqu'un homme embrasse une femme contre son gré, elle est entièrement justifiée de lui mordre le nez si cela lui chante^{[trad 1]}^,^[3]^,^[4]. »

L'existence de cette affaire n'est pas répertoriée dans aucune archive de cour connue. On en trouve trace que dans les journaux de l'époque, dont un article publié dans le Bell's Weekly Messenger (en) le 30 avril 1837 en pages 6 et 7^[5].

L'affaire est considérée comme étant un précédent de traitement juridique du harcèlement sexuel, spécifiant l'importance de la notion de consentement et de la justification de l'utilisation de la force en cas de non-respect de celui-ci^[1]^,^[6].

Notes et références

(en) Cet article est partiellement ou en totalité issu de l’article de Wikipédia en anglais intitulé « Saverland v Newton » (voir la liste des auteurs).

↑ (en) « When a man kisses a woman against her will, she is fully entitled to bite his nose off, if she so pleases. »

↑ ^{a et b} « La «Loi du baiser» », sur Le Devoir.
↑ « The History of the Kiss. », New York Times,‎ 26 juillet 1902, BR16 (lire en ligne, consulté le 10 juillet 2009) :
« There is a case cited in the English courts, as far back as 1837, when Thomas Saverland brought an action against Miss Caroline Newton. Saverland tried to kiss Caroline, 'by way of a joke,' and Caroline bit off a piece of his nose. The defendant was acquitted, and the Judge laid down the law that, 'when a man kisses a woman against her will, she is fully entitled to bite off his nose, if she so pleases,' 'and eat it up, if she has a fancy that way,' added a jocular barrister half aloud. »
↑ « MIDDLESEX SESSIONS. The Law of Kissing », The Sydney Gazette and New South Wales Advertiser (NSW : 1803-1842),‎ 9 septembre 1837, p. 4 (lire en ligne, consulté le 14 octobre 2016).
↑ (en) « sans titre », Bell's New Weekly Messenger, London,‎ 30 avril 1837, p. 11.
↑

article entier

A DEARLY-BOUGHT KISS
Caroline Newton was indicted for assaulting Thomoas Saverland and biting off his nose. The complainant, whose face bore incontestible evidence of the severe injury inflicted, the fleshy part of the left nostril being completely gone, stated that on the day after Christmas Day he was in a tap-room where were defendant and her sister. The sister laughingly observed that she had left her young man down at Birmingham, and had promised him no man should kiss her while absent. Complainant regarded this observation as a challenge, especially it being holiday time, and caught hold of her and kissed her. She took it in good part as joke, but defendant became angry, and desired she might have as little of that kind of fun as he pleased. Complainant told her if she was angry he would kiss her also and tried to do it. A scuffle ensued, and they both fell to the ground. After they got up complainant went and stood by the fire, and the defendant followed and struck at him. He again closed with her and tried to kiss her, and in the scuffle he was heard to cry out, She has got my nose in her mouth.” When they parted he was bleeding profusely from the nose, and a portion of it, which defendant had bitten off, she was seen to spit out of her mouth upon the ground. The defendant, a fat, middle-aged woman, treated the matter with great levity, and said he had no business to kiss her sister, or attempt to kiss her, in a public house; they were not such kind of people.
If she wanted to be kissed, she had a husband to kiss her, and he was a much handsomer man than defendant ever was, even before he lost his nose. The Chairman told the jury that it mattered little which way their verdict went. If they found her guilty the court would not fine her more than 1s., as the prosecutor had brought the punishment on himself. The jury, without hesitation, acquitted her. The Chairman told the prosecutor he was sorry for the loss of his nose, but if he would play with cats, he must expect to get scratched. Turning to the jury, the Chairman afterwards said, "Gentlemen, my opinion is that if a man attempts to kiss a woman against her will, she has a right to bite his nose off if she has a fancy for so doing."-"And eat it too," added a learned gentleman at the bar. The case caused much laughter to all except the poor complainant.
↑ Maggie Koerth-Baker, « Ten important kisses in history », CNN, 20 mai 2009 (consulté le 10 juillet 2009) : « 3. The kiss that proved no means no ».

[3] (en) « When a man kisses a woman against her will, she is fully entitled to bite his nose off, if she so pleases. »

[Tourangeau-1] {a et b} « La «Loi du baiser» », sur Le Devoir.

[2] « The History of the Kiss. », New York Times,‎ 26 juillet 1902, BR16 (lire en ligne, consulté le 10 juillet 2009) :
« There is a case cited in the English courts, as far back as 1837, when Thomas Saverland brought an action against Miss Caroline Newton. Saverland tried to kiss Caroline, 'by way of a joke,' and Caroline bit off a piece of his nose. The defendant was acquitted, and the Judge laid down the law that, 'when a man kisses a woman against her will, she is fully entitled to bite off his nose, if she so pleases,' 'and eat it up, if she has a fancy that way,' added a jocular barrister half aloud. »

[4] « MIDDLESEX SESSIONS. The Law of Kissing », The Sydney Gazette and New South Wales Advertiser (NSW : 1803-1842),‎ 9 septembre 1837, p. 4 (lire en ligne, consulté le 14 octobre 2016).

[5] (en) « sans titre », Bell's New Weekly Messenger, London,‎ 30 avril 1837, p. 11.

[6] 

article entier

A DEARLY-BOUGHT KISS
Caroline Newton was indicted for assaulting Thomoas Saverland and biting off his nose. The complainant, whose face bore incontestible evidence of the severe injury inflicted, the fleshy part of the left nostril being completely gone, stated that on the day after Christmas Day he was in a tap-room where were defendant and her sister. The sister laughingly observed that she had left her young man down at Birmingham, and had promised him no man should kiss her while absent. Complainant regarded this observation as a challenge, especially it being holiday time, and caught hold of her and kissed her. She took it in good part as joke, but defendant became angry, and desired she might have as little of that kind of fun as he pleased. Complainant told her if she was angry he would kiss her also and tried to do it. A scuffle ensued, and they both fell to the ground. After they got up complainant went and stood by the fire, and the defendant followed and struck at him. He again closed with her and tried to kiss her, and in the scuffle he was heard to cry out, She has got my nose in her mouth.” When they parted he was bleeding profusely from the nose, and a portion of it, which defendant had bitten off, she was seen to spit out of her mouth upon the ground. The defendant, a fat, middle-aged woman, treated the matter with great levity, and said he had no business to kiss her sister, or attempt to kiss her, in a public house; they were not such kind of people.
If she wanted to be kissed, she had a husband to kiss her, and he was a much handsomer man than defendant ever was, even before he lost his nose. The Chairman told the jury that it mattered little which way their verdict went. If they found her guilty the court would not fine her more than 1s., as the prosecutor had brought the punishment on himself. The jury, without hesitation, acquitted her. The Chairman told the prosecutor he was sorry for the loss of his nose, but if he would play with cats, he must expect to get scratched. Turning to the jury, the Chairman afterwards said, "Gentlemen, my opinion is that if a man attempts to kiss a woman against her will, she has a right to bite his nose off if she has a fancy for so doing."-"And eat it too," added a learned gentleman at the bar. The case caused much laughter to all except the poor complainant.

[7] Maggie Koerth-Baker, « Ten important kisses in history », CNN, 20 mai 2009 (consulté le 10 juillet 2009) : « 3. The kiss that proved no means no ».

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