, is
nevertheless seduced, and thus the seducer is bound to compensation.
Hence it is written (Ex. 22:16, 17): "If a man seduce a virgin not
yet espoused, and lie with her, he shall endow her and have her to
wife. If the maid's father will not give her to him, he shall give
money according to the dowry, which virgins are wont to receive." The
other injury is done to the maid's father: wherefore the seducer is
bound by the Law to a penalty in his regard. For it is written (Deut.
22:28, 29): "If a man find a damsel that is a virgin, who is not
espoused, and taking her, lie with her, and the matter come to
judgment: he that lay with her shall give to the father of the maid
fifty sicles of silver, and shall have her to wife, and because he
hath humbled her, he may not put her away all the days of his life":
and this, lest he should prove to have married her in mockery, as
Augustine observes. [*QQ. in Deut., qu. xxxiv.]
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SEVENTH ARTICLE [II-II, Q. 154, Art. 7]
Whether Rape Is a Species of Lust, Distinct from Seduction?
Objection 1: It would seem that rape is not a species of lust,
distinct from seduction. For Isidore says (Etym. v, 26) that
"seduction (_stuprum_), or rape, properly speaking, is unlawful
intercourse, and takes its name from its causing corruption:
wherefore he that is guilty of rape is a seducer." Therefore it seems
that rape should not be reckoned a species of lust distinct from
seduction.
Obj. 2: Further, rape, apparently, implies violence. For it is stated
in the Decretals (XXXVI, qu. 1 [*Append. Grat. ad can. Lex illa]) that
"rape is committed when a maid is taken away by force from her
father's house that after being violated she may be taken to wife."
But the employment of force is accidental to lust, for this
essentially regards the pleasure of intercourse. Therefore it seems
that rape should not be reckoned a determinate species of lust.
Obj. 3: Further, the sin of lust is curbed by marriage: for it is
written (1 Cor. 7:2): "For fear of fornication, let every man have
his own wife." Now rape is an obstacle to subsequent marriage, for it
was enacted in the council of Meaux: "We decree that those who are
guilty of rape, or of abducting or seducing women, should not have
those women in marriage, although they should have subsequently
married them with the consent of their parents." Therefore rape is
not a determinate species of lust distinct from seduction.
Obj. 4: F
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