Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume II › Book III. On the Aids of the Christian Life, or on the Sacraments › Treatise VIII. On Matrimony › Dissertation II. On Matrimony Itself › Part II. On Matrimony, Insofar as It Is a Sacrament, Particularly › Section III. On the Reception of the Sacrament of Marriage › Chapter III. On Diriment Impediments in Particular

Article — Wouters, Manual of Moral Theology

Article VII. Raptus

785.

With canon 1074 considered, a twofold raptus can be distinguished, properly so called and less properly so called; each diriments marriage.

I. Notion of raptus properly so called. Raptus properly so called as an impediment is: the violent abduction of a woman, with marriage in view, and her retention under the power of the abductor.

II. Existence of the impediment. Between a male abductor and a woman abducted with marriage in view, as long as she has remained in the power of the abductor, no marriage can stand (canon 1074, § 1).

III. The required conditions are evident from the notion handed down. Namely, there is required:

  1. Abduction, that is, from place to place; for example, from city to city, from street into house, from one house into another (St. Alphonsus VI, 1107), or even from one room into another, if the house is very large and is the domicile of several families.

  2. Violent abduction. Unjust moral force, or unjust fear inflicted upon the woman, suffices. Therefore there is required the abduction of a woman unwilling or resisting. Nevertheless the impediment seems also to be present if a woman, deceived by fraud or circumvented by deceitful solicitations, indeed follows the man, but does not know and does not will that she is being abducted for the purpose of entering marriage.1 The impediment is not present if the woman consents to the abduction so that she may freely enter nuptials with the abductor; and this holds even if she is still subject to parents or tutors and they are unwilling (St. Alphonsus VI, 1107).

Here, however, it can be asked whether fear inflicted for the purpose that the woman be abducted for marriage is always unjust, namely even if there is question of a betrothed woman who without just cause refuses to enter marriage. Several affirm this, because the aforesaid manner of acting is unjust at least as to mode, namely insofar as no one by private authority can coerce a betrothed woman to nuptials in such a way. But this cannot be said universally; or it can happen that this is done without injustice, for example, if a betrothed man by fear of an evil which it is lawful to inflict abducts a betrothed woman unjustly refusing, so that at last he may arrive at the marriage owed to him.

  1. Of a woman, whether honorable or corrupted, whether virgin or widow. But the impediment is not had if a woman abducts a man (St. Alphonsus VI, 1107).

  2. For the sake of contracting marriage. Therefore the impediment of raptus is not had if a woman is abducted, for example, for the sake of acquiring money or solely for satisfying lust (canon 1074, § 1).

  3. And her detention under the power of the abductor; namely, the impediment lasts as long as the woman remains in the power of the abductor, even if now she freely consents to the nuptials themselves.

IV. Cessation of the impediment. But if the abducted woman, separated from the abductor and established in a safe and free place, has consented to have him as husband, the impediment ceases (canon 1074, § 2).2

V. Notion of raptus less properly so called. Raptus less properly so called as an impediment is: the violent retention of a woman in the place where she stays or to which she has freely gone, with marriage in view.

VI. Existence of the impediment. "With regard to the nullity of marriage, violent retention of the woman is held equivalent to raptus, namely when a man violently detains a woman with marriage in view in the place where she stays or to which she has freely gone" (canon 1074, § 3).

VII. The required conditions, after what has been said, scarcely need any exposition. Namely, there is required: 1° violent retention, that is, either by physical force or by moral force, namely unjust fear; 2° of a woman, as was said concerning raptus properly so called; 3° in the place where she stays or to which she has freely gone. If she is retained in a place to which she has been led violently, the impediment of raptus properly so called subsists; 4° with marriage in view.

VIII. Cessation of the impediment takes place in the same way as cessation of the impediment of raptus properly so called.

Note 1. It makes no difference whether one violently abducts or detains the woman by himself or through another.

Note 2. The impediment of raptus, both properly and less properly so called, although directly it touches only the faithful party, nevertheless indirectly also affects the infidel party. And so it exists even between an infidel and a faithful person, and this whether the abducted woman is faithful or infidel.

IX. The penalties established are: One who, with marriage in view or for the sake of satisfying lust, has abducted by force or deceit an unwilling woman, or a consenting woman of minor age but with the parents or tutors unaware or contradicting, is by the law itself to be held excluded from legitimate ecclesiastical acts, and moreover is to be punished with other penalties according to the gravity of the fault (canon 2353). Note especially that the penalty does not touch raptus less properly so called, but it does touch several who have not contracted the impediment of raptus properly so called.

X. Dispensation. Although the impediment of raptus and quasi-raptus is of ecclesiastical law, nevertheless the Church dispenses in it only very rarely, namely by permitting the abductor or quasi-abductor to enter nuptials with the abducted or quasi-abducted woman not yet established in a safe place. Furthermore, if the impediment has ceased, according to the common opinion it is not lawful for the pastor to assist at the marriage except by license of the Ordinary, to whom it belongs to judge concerning the cessation of the impediment.

1 Cf. Sacred Congregation of the Council, June 25 and August 27, 1864.

2 Sacred Congregation of the Council, August 20, 1769; March 14, 1772; Council of Trent, session 24, de reformatione matrimonii, chapter 6.

Abduction