§ 2. On Stuprum

776. Definition. Stuprum, in the broader sense, is the violation or oppression of any woman, even a widow, or otherwise corrupted. In the stricter sense, as in canon law, it is "the deflowering of a virgin, she being unwilling." But a virgin is said to be deflowered when, for the first time, through the concubitus of a man, she is deprived of virginity or integrity of flesh. The malice of stuprum is found, although in an imperfect mode, in the shameful touching of an unwilling woman.

Principles. I. Stuprum, in each sense, has special malice. The reason is that besides fornication it contains grave injury, on account of violence brought in. This malice is increased (but more probably within the same species) when someone takes integrity away from a virgin: for this is reputed, and deservedly, as a good of the greatest price, by which virgins are especially honored, and are sought for suitable marriages. And hence it is why stuprum of a virgin is punished by special penalties in canon law (cf. Craisson, n. 6266).

777. II. Moral and interpretative violence suffices for the crime of stuprum. For commonly he is judged guilty of stuprum who has led a virgin into evil by fraud (for example by a false promise of marriage or of a great dowry) or by grave fear, even reverential fear; as also he who has dishonored a girl not yet having obtained perfect use of reason, or one drunk, foolish, or sleeping, without her previous consent.

778. Questions. Q. 1. What ought a woman oppressed by force to do, so that she may be immune from sin?

Resp. She cannot behave negatively or permissively, but is held to resist, both internally, lest she consent to pleasure, and externally, with at least ordinary resistance, namely by repelling force by force, so that thus she may report victory, and deserve to be crowned by God (cf. n. 736 and 755, end). See Salmant., tr. 25, c. 1, n. 29.

Q. 2. Whether she is also held to cry out?

Resp. Distinguish: Affirmatively (and even with manifest danger to life), if proximate danger of consent is imminent; for then extraordinary resistance also is necessary. But negatively, very probably, with such danger excluded (as can happen when there is question only of touches) with danger of notable harm, whether of infamy, or excessive shame. Yet the contrary opinion, as safer, is to be counseled; and it becomes plainly obligatory if the woman, on account of past experience, or on account of known frailty, is in special danger of afterward consenting to the consummated act (III, 368, 430).

Note. For practice, it is to be noted that cases of a woman oppressed, without her own fault, by reason of irreligiosity that always increases, the condition of labor in workshops, etc., in some regions, become more frequent day by day. Hence women are to be warned not to return home without a companion, and to show themselves strong and circumspect. "Besides, the natural timidity of women, and often confusion from an unforeseen case, can effect that a woman does not oppose a great and manly resistance, and nevertheless is immune at least from formal fault" (Berardi, Praxis, 266).

On restitution on account of stuprum, see n. 956 ff., in the treatise on the Seventh Precept.