Q&A: Rape in Jewish Law
Rape in Jewish Law
Question
Is there any prohibition in the Torah against rape aside from the neglect of the positive commandment of “love your neighbor as yourself” or “do what is right and good”?
Answer
As far as I know, there is no specific halakhic prohibition on this. See here in column 15 and the discussions that follow it. If מדובר in a virgin, then it seems there is also physical injury involved (under the laws of damages).
Discussion on Answer
If we follow the approach of the Re’em that the prohibition of “you shall not afflict her” forbids rape in the case of a beautiful captive woman, then all the more so such a prohibition exists regarding a Jewish daughter as well.
Not entirely necessary. A beautiful captive woman is miserable and in a very difficult situation, so perhaps they gave her greater protection. After all, we do not find a negative commandment prohibiting the rape of an ordinary Jewish woman, and seemingly the halakhic decisors should have mentioned that its warning is derived from the case of the beautiful captive woman.
Shulchan Arukh, Even HaEzer, section 177, se’if 1:
One who seduces a Jewish virgin (before she reaches maturity, and when she is from age three and up) (Tur, citing the Rosh), pays compensation for humiliation, depreciation, and the fine. And if he raped her, he also pays for pain. (And if the seducer married her, he does not have to pay the fine) (Tur).
Payment for pain plainly indicates a prohibition, like one who wounds or causes damage. But plainly this is speaking about a young virgin girl.