Legal Definitions - prosecutrix

The term prosecutrix is an archaic legal term that refers specifically to a woman who initiated or conducted legal proceedings against another party, particularly in criminal cases.

In modern legal language, the term "prosecutor" is gender-neutral and applies to any legal professional, male or female, who represents the government or the public interest in bringing criminal charges against an accused individual and pursuing those charges in court.

Here are some examples illustrating the historical application of the term:

• In a historical account of a 19th-century criminal trial, a document might refer to the woman who brought the initial complaint against a man accused of theft as the "prosecutrix."

  This illustrates the term because it highlights its use in a past era to specifically identify a female individual who initiated legal action, a role now simply covered by the gender-neutral "complainant" or "prosecutor."

• Imagine a legal textbook from the early 20th century discussing a case where a woman, having been defrauded, personally filed charges and presented her case in court before the state fully took over the prosecution. The text might have referred to her as the "prosecutrix" in that context.

  This example demonstrates the term's application to a female individual who actively pursued legal redress, acting as the driving force behind the prosecution, especially in systems that allowed for more private initiation of criminal proceedings.

• In some older legal systems, particularly concerning offenses like assault or certain property crimes, if a woman was the direct victim and personally responsible for bringing the charges and testifying, she might have been formally designated as the "prosecutrix" in court records.

  This shows how the term was used to identify the female party who was not only the victim but also the primary initiator and presenter of the case against the accused, emphasizing her active role in the legal process.