What is the test for a plaintiff to plead guilty to a charge of sexual assault?

But, on the other hand, no man should be called upon to answer such a grave charge without having had the benefit of every opportunity to meet the accusation which our procedure provides in such cases. This, after all, is the object of pleading, and is the reason for the rules which have been laid down in the cases to which I have already referred. Thus, in the old case of Underwood v. Parks, supra, we find it stated in so many words: “whereby the plaintiff might be prepared to defend himself.” If you have published your statements and framed your pleadings and conducted your case in such a way that the plaintiff, at the trial, is at the disadvantage of not having had an opportunity to prepare his defence for want of notice of the charge which you have made yourself ready to throw at him, he ought not to be compelled to proceed with the case, and, if he is forced on, the result may be a mistrial.