The Obligation of the Man Committing Stuprum and of the Woman Subjected to It with Respect to Offspring

I. The man committing stuprum and the woman subjected to it, unless a sufficiently grave impediment stands in the way, are held to legitimate the offspring by a subsequent marriage. If for a just cause they abstain from marriage, per se it should be advised that they legally acknowledge the offspring.

II. They are always held to feed and educate the offspring. Now, with regard to natural law:

1. If the young woman freely consented to the intercourse, each is held to bear expenses for his or her part, until the offspring can provide for itself.

2. If the young woman was violated by fraud, fear, or force, the man committing stuprum alone must bear the aforesaid expenses: from piety toward the offspring, from justice toward the young woman. Let it also be seen what civil law establishes.

Corollary. Parents can hand over an illegitimate child to be educated by a foundling hospital, provided that both a grave cause, for example infamy to be avoided, is present, and the foundling hospital is going to furnish a Catholic education. It is disputed whether parents who are not truly poor are held to restore the expenses to the institute. Moreover, it seems this must be affirmed if, as has place among us, the institutes were erected in favor of the poor; otherwise, if they were expressly erected in favor of abandoned offspring (St. Alphonsus, III, 656). Nevertheless, it should strongly be advised that something be assigned to the hospital.

383. Stuprum is unjust or not, according as unjust means are employed or are not employed. In the present place, however, an unjust perpetrator of stuprum is considered as one who by an unjust means oppressed or seduced an unwilling honorable woman. It is required

a) that he has used some unjust means whatever, namely, force, fear, fraud, deceit, or deception. Whence by these words are understood not only violent oppression of the woman, whether in the state of wakefulness or in the state of sleep or drunkenness, but also threats unjustly inspired, very importunate prayers, for example, of a superior, on account of which from shame she would not dare to dissent, touches and kisses brought by force even if afterwards she consents, fear of infamy from the fact that the man would not wish to leave, deceptions or fictitious promises especially of marriage, and other things of this kind by which the woman, as if unwilling, is induced to copula; - but not flatteries, gifts, mere prayers or accustomed persuasions, because they contain nothing unjust;

b) toward an honorable woman, whether she is a virgin, or widow, or merely unmarried, provided that by public estimation she has preserved good reputation and is held chaste; otherwise no damage of itself is inflicted on her.

384. Principles. - I. An unjust perpetrator of stuprum

a) on account of the stuprum itself: of himself is held to restore nothing, unless the judge imposes compensation on him;

b) on account of temporal damage (inability or difficulty of marrying, defamation of the girl and dishonoring of the parents, syphilitic infection, etc.), if it was inflicted by him:

1. Toward the woman or also the parents: from justice he is held to repair all damages that have followed both to the woman, especially a virgin, and to her parents, provided that from such an action they come upon them of themselves and consequently are judged to have been foreseen in confusion: for he is an unjust damager. But he ought to repair even by marrying the woman, if he promised even fictitiously, or if the damage cannot otherwise be repaired, and greater evils are not prudently feared; - otherwise by dowering her or increasing a dowry, taking care that she can marry according to her condition, concurring toward her support, etc., according as damage was inflicted and it is possible to compensate it. Therefore:

a) He is not held to marriage 1. from an invalid promise, by reason of the promise, but only by reason of deceit to be removed; 2. nor from invalid espousals as such, since they are void in both forums (can. 1017, § 1), but insofar as they were an instrument of fraud and deception; 3. nor if the girl had already been dishonorably corrupted, because to enter marriage with such a woman is esteemed much more than that which the perpetrator of stuprum received from her; 4. nor if she pretended herself a virgin and herself deceived; 5. nor if from the circumstances, as from the tenor of the words or too great inequality of condition, she could easily have understood that the promise was not serious, because then deception was not present but she deceived herself; - not however on account of a diriment impediment, in which dispensation is usually granted.

b) The obligation of marrying ceases: 1. if the woman has freely renounced her right or has fully condoned the injury; 2. if she has fornicated with a third party, because faith should be broken with one breaking faith; 3. if from the marriage greater evils would follow: enmities, scandals, an unhappy outcome.

c) Compensation is not owed if the woman in fact has suffered no damage, namely 1. if she has already married well according to her state; 2. if she has entered religion; 3. if she could not or would not have married; 4. if she has been defamed because she herself indiscreetly manifested the stuprum; 5. if she has already died by premature death. - Unless, however, an agreement has already been entered into; and therefore if the corrupted woman has already received something, she can retain it.

2. Toward offspring born, if the father is certain, he ought to provide from justice for the whole support and education, according to the condition of the mother, until the offspring can suffice for himself; - if the father is uncertain, because several have had copula, he is held to restore for the rate of doubt, at least if by common counsel or knowingly they acted thus, because he is a voluntary cause of the uncertainty of the father, which is already a great damage for the mother and offspring; otherwise it is not certain that he is held to restore anything, since the mother is rather the cause that it cannot be established concerning the father.

II. A perpetrator of stuprum who is not unjust:

1. Toward the girl or parents, of himself is held to restore nothing: not to the girl, because to one knowing and consenting no injury is done; not to the parents, because the daughter is not held from justice to impede this damage from her parents; - per accidens he is held concerning damage following from infamy, if he himself has manifested the delict.

2. Toward offspring born, if the father is certain, he is held from piety to half the support of the offspring, according to the condition of the mother, even if civil law prohibits inquiry concerning an illegitimate father; but he is held in solidum with the mother, so that, if she provides nothing, he ought to provide for the whole. But if there are several uncertain fathers, he is held to half the support by proportionate part, at least if by common counsel or knowingly they acted thus; otherwise it is not certain that he is held to restore anything.

Thus considered under natural law alone. In some regions civil law, or a civil judge when asked, is accustomed to determine the quantity of support to be paid by the illegitimate father,¹ which then has force in conscience.

¹ Thus the German Code (a. 1708 sq.) establishes that the illegitimate father is held to furnish suitable support up to the child's 10th year. Cf. Austrian Code, a. 166-171; Spanish Code, a. 143; Swiss Code, 8. 317-319. The French Code imposed no obligation of support upon the illegitimate father, since it prohibited inquiry concerning the illegitimate father (a. 340); - but in Belgium, by the law of 6 Apr. 1908, this was changed somewhat; in France by the law of 16 Nov. 1912, likewise in the Netherlands in the year 1909 (Dutch Code, a. 344).

385. Remarks. - 1. From piety and charity there is an obligation of acknowledging the offspring, and of legitimating it through marriage, unless graver inconveniences stand in the way.²

² Cf. C.C., a. 331 and 334.

2. In the case in which the perpetrator of stuprum is going to compensate damage by money, it is expedient that he agree concerning the amount of the sum with those who have suffered damage and that he soon pay the whole sum, lest perhaps dangerous commerce be continued or payment of the debt be omitted.

3. Vermeersch wisely warns, Th. M. II, n. 633: "Before he declares the obligation of making restitution or advises the manner,... let the confessor weigh all things well... For crafty women know how to entice an inexperienced young man in such a way that he considers himself the seducer while he merely falls into a snare prepared by women. But when the sin has been committed, they complain that they have conceived from him, when either they are not pregnant at all or have sinned with several. Then the money which someone has given for impeding disclosure of the matter or for redeeming the vexation of accusers and barkers is easily converted into an argument of guilt, so that it furnishes occasion for long-lasting servitude."