§ V. On Stuprum

425. • Stuprum is the violation or oppression of a woman against her will. Thus commonly ¹. - According to others, under the name of stuprum comes only the deflowering of a virgin who does not consent. Any illicit intercourse is also called stuprum in a broad sense.

¹ In this place the Author takes stuprum not in the theological sense, but rather from the norm of civil law, indeed also in a certain broader signification. For civil law, by the name of stuprum, insofar as it is a crime distinct from others and to be punished by a special penalty, understands the violent oppression of a virgin or widow living honorably; but the Author comprehends the oppression of any woman whatsoever, even one not honorable, or even one joined in marriage, as is clear from the second resolution; namely he extends stuprum to all cases in which force is brought upon a woman, and therefore the crime of injustice accedes to the sin of immodesty.

But Theologians and Canonists do not so take it; although they note that stuprum in a certain broad sense is taken for any illicit intercourse, nevertheless in the proper and strict sense they take it for the illicit violation of a virgin according to c. Lex illa, 2, § fin., caus. 36, q. 1, where it is said: "Stuprum properly is the illicit deflowering of virgins"; and they find that the species of stuprum to be expressed in confession is only in the unjust deflowering of a virgin. Yet they distinguish this very thing as twofold, namely violent and voluntary. Violent, indeed, when she is subjected and oppressed by force and physical violence. But voluntary, not indeed when the virgin consents freely and of her own accord (in which case according to the more common opinion of the Doctors, as regards the species to be expressed in confession, it is judged mere fornication), but when a virgin, induced by deceit or another unjust reason, consents to deflowering, as happens 1. through reverential fear, 2. through fear falling upon a constant girl, 3. through a fraudulent promise of marriage or of a great dowry for another marriage, 4. through repeated importunate prayers, at least if threats are joined to these. See Struggl, Th. moral., tr. 7, q. 4, n. 28.

Now when there is question either of reservation of cases or of penalties to be inflicted on a violator by the sacred canons, stuprum is always taken in that strict sense which we have said was received by Theologians, nor does St. Alphonsus, alleged here by the Author, have anything else.

Stuprum, besides grave sin against chastity, also involves grave fault against justice, necessarily to be opened in confession. - St. Lig., n. 443.

426. Resolves. - 1. It is stuprum to fornicate with a woman who is insane, drunk, or sleeping, because she is violated without her consent, and therefore grave injury is brought upon her.

2. It is stuprum to bring force even upon a woman already corrupted or upon a widow; because it consists in the violence and injury which is brought upon a woman by oppressing her against her will. Consequently if someone oppresses a married woman, he commits adultery and stuprum at the same time.

3. It is not stuprum to fornicate with a virgin plainly consenting, even if she is corrupted for the first time; because she is mistress of her own body and freely yields her right.

4. The circumstance of the virginity of a girl who has been violated, if she herself consented to the matter, is not necessarily per se to be declared in confession, because stuprum more probably consists only in violence brought upon a woman, not in the violation of virginal integrity.