[Avodah] Rape of a Woman

[Zev Sero]

Cantor Wolberg wrote:
> /If a man finds a girl who is a virgin, who is not betrothed, and lays 
> hold of her, and lies with her, and they are found. Then the man who lay 
> with her shall give to the girl's father fifty shekels of silver, and 
> she shall be his wife; because he has humbled her, he may not put her 
> away all his days./ (Deut. 22:28-29)
> 
> This is even more troublesome to me than the y'fas to'ar.  First of all 
> it makes rape a civil matter.

And? Of course it's a civil matter, just as if he punched her in the
face.  If he harmed her he's still liable for the usual damages; in
addition, here he's liable for the extra damage he did to her shiduch
prospects.


> Secondly, it says "if they are found" -- 
> the implication being, if they are not discovered, then the rapist goes 
> scott free.

Just like anyone else who does something and doesn't get caught.
How else should it be?  How can we punish something we never find
out about?


> The poor woman being raped has no say in the matter.

What, we should just take her word against his?  It's one eid against
another, with no reason to prefer one over the other, so the defense
must prevail.

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas