Section — McHugh–Callan, Moral Theology

Defloration and Rape

2529.

Defloration and Rape

Defloration and Rape.—Defloration and rape are distinct species of lust, for each of them in its very concept includes a special and notable deformity not found in other species of impurity.

(a) Defloration is unlawful carnal knowledge of a woman who is virginal in body (2488 a†). It has the special deformity of depriving the woman of the physical integrity that is most highly prized among all the unmarried of her sex, or at least of her own self-respect, and of setting her on the way to become a strumpet rather than an honorable wife or spinster. Some authors do not consider defloration a special sin unless it is done by violence, or unless injury is done the parental right over the virgin; and even the authors who consider unforced defloration a special sin hold that the new or additional malice in it is slight and venial, and therefore not a necessary matter of confession. The first sin of fornication by a male is not a special sin, because the consequences are not so serious for the man as for the woman, but of course seduction is always a special sin, whether the injured party be male or female.

(b) Rape is physical or moral coercion (i.e., force or fear) employed against any person (male or female, married or single, pure or corrupt), or against his or her guardians, to compel him or her to an act of lust. It has the special deformity of inflicting bodily injury on the person ravished. The sin of rape should not be confused with the canonical crime of rape, which consists in abduction, and which is an impediment to marriage (Canon 1074); nor with seduction, as when an innocent person is deceived into believing that an act of impurity is lawful, or is tricked into sin by false promises of marriage. Equivalent to rape is the carnal knowledge of a person drugged, hypnotized, or otherwise unconscious, or the seduction of an infant. A person who is ravished is obliged to deny all consent internally, and to resist or make outcry when this is possible (see 2497 a).