Section — Konings, Theologia Moralis

§ V. On stuprum (Rape)

¶497.
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  1. Definition. - Stuprum strictly taken (as in Canon Law) is the defloration of a virgin, she herself being unwilling. In a broader sense (as in civil law) it is the oppression of any woman whatever, even a married one.

Principles. - I. Stuprum in each sense has a special malice; because beyond fornication it contains an injury certainly grave on account of violence inflicted on the modesty of a woman; which malice is increased, but more probably within the same species, when someone violently takes integrity from a virgin: for this is reputed, and deservedly indeed, as a good of the greatest price, by which especially virgins are honored and are sought for suitable nuptials. Therefore the stuprum of a virgin is punished in canon law with special penalties.5

¶498.
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    • II. For the crime of stuprum, moral and interpretative violence suffices. - For commonly even he is judged guilty of stuprum who has oppressed a girl not yet enjoying the use of reason, a drunk, foolish, or sleeping woman. - Likewise he is called a violator who has induced a virgin to evil by fraud (for example, by a false promise of Matrimony or of a great dowry), or by grave fear, even reverential fear.1

Indeed, even if more commonly and more probably it is taught that of itself it is not a special sin if a virgin plainly consents, because properly speaking an injury is not done to one consenting; nevertheless it can be such from elsewhere, "namely by reason of infamy or sorrow of parents, or of quarrels, hatred, etc."2