Article III: On Stuprum

57. Stuprum is sometimes taken for every illicit intercourse; but more commonly by this word a special sin of lust is designated. The theologians, however, do not agree among themselves concerning the nature of this sin. Father Gury, 425, says stuprum is violation or oppression of a woman, against her will. But commonly theologians place stuprum in the defloration of a virgin. Some hold that the proper character of stuprum simply consists in the illicit defloration of a virgin; others hold that it consists in violent intercourse with a virgin, so that intercourse with a consenting virgin is not a sin distinct from simple fornication. - But by the name of virgin in either opinion is understood not she who has preserved the virtue of virginity so that she has been stained by no sin of lust, but she who retains the seal of virginity intact, although she has been polluted even voluntarily and therefore has irrevocably lost the virtue of virginity. Cf. here n. 1, 3, 4; L. 443; St. Thomas, 2.2, q. 154, a. 6.

58. Proposition. It is certain among all that violent defloration of a virgin, besides grave sin against chastity, also involves a grave sin against justice, necessarily to be explained in confession. And this circumstance of violence, as is clear of itself, must be expressed even if the woman were not a virgin, but corrupted or married. - Moreover, "by violence here is understood not only physical violence, but also moral violence, such as fraud and fear; likewise importunate prayers and flatteries which, according to the judgment of prudent men, especially in this matter, are morally reckoned as violence; such are those which are accompanied by great promises, kisses, touches which are incentives of venery, and in one word all those by which an ingenuous woman cannot easily resist." Billuart, de Temper., Diss. 6, art. 3, I say first; Struggl, 28, 29. But although force or violence is not had, certainly notable fraud is had, and therefore a special malice against justice to be declared in confession, if someone were to fornicate with a woman who was insane, drunk, or sleeping, because she is violated without her consent, and therefore a grave injury is inflicted on her. - Sporer, 606; St. Thomas, 2.2, q. 154, a. 6; L. 430, 433.

But whether the illicit defloration of a virgin voluntarily consenting is a species of lust distinct from simple fornication is disputed, and each opinion is at least extrinsically probable. It seems that the negative opinion must altogether be adhered to: the reason is that that circumstance of physical virginity or integrity bears itself merely materially with respect to the virtue of chastity, and therefore the sin against chastity is not changed in species. Hence, what is consequent, this circumstance of virginity in whatever sins committed by a female or male virgin will not have to be necessarily explained in confession; unless perhaps on occasion of reservation, or censure, or another extrinsic circumstance, for example if it culpably became known and dishonor and harm occurred which must be repaired. The dishonor of the virgin herself and of her parents is repaired by satisfaction for the injury inflicted; the harm, however, by restitution, namely by sufficiently providing a dowry, or by marrying. Billuart, Diss. 6, art. 3, I say second seqq.; L., l. 3, n. 640 seqq.; l. 6, n. 874; Suarez, de Poenit., d. 22, s. 4, n. 4-6; Lugo, de Poenit., d. 16, s. 4, Sect. 7; de Iust. et Iur., d. 12; St. Thomas, 2.2, q. 154, a. 1, 4.

59. Does stuprum, if the deflowered virgin consents, contain at least a special malice of injustice with respect to the parents in whose custody she was?

R. Negatively. "The reason is that if the girl herself, since she is mistress of her own body, inflicts no injury on her father if she consents to defloration, using her own right, much less does the deflowerer inflict it. Only she will sin, and consequently also the violator, against the piety owed to her father, and also against obedience, if she has had from her father an express prohibition about such a crime, as Lugo says, n. 226." L., l. 3, n. 641.

60. What are the penalties against those who commit stuprum?

R. There are various penalties of fines, prison, detention, forced labors, French Penal Code, l. 3, 331-333; Italian Penal Code, art. 331-336.