Thursday 4 September 2014

Why we Christians do not Punish Raped Women as Adulteresses

1) deretour : Good Arthur was a Christian King, 2) Φιλολoγικά/Philologica : Mark Shea Somewhat Off on Muslims, 3) New blog on the kid : Why we Christians do not Punish Raped Women as Adulteresses

This is not a question where everyone is free to speculate as if there were no definite answers. Nor did I write an explanation of Islamic jurisdiction so as to say it was all right, I only said there could be less bad motives to accept it than is generally thought here. And also to exonerate Stone Age people from having contributed to this. Why this is not a question where we are free to speculate, is because a Church Father has already answered, and I think no other Church Father has answered the contrary. Here is the response of Saint Augustine of Hippo:

Chapter 18.— Of the Violence Which May Be Done to the Body by Another's Lust, While the Mind Remains Inviolate.

But is there a fear that even another's lust may pollute the violated? It will not pollute, if it be another's: if it pollute, it is not another's, but is shared also by the polluted. But since purity is a virtue of the soul, and has for its companion virtue, the fortitude which will rather endure all ills than consent to evil; and since no one, however magnanimous and pure, has always the disposal of his own body, but can control only the consent and refusal of his will, what sane man can suppose that, if his body be seized and forcibly made use of to satisfy the lust of another, he thereby loses his purity? For if purity can be thus destroyed, then assuredly purity is no virtue of the soul; nor can it be numbered among those good things by which the life is made good, but among the good things of the body, in the same category as strength, beauty, sound and unbroken health, and, in short, all such good things as may be diminished without at all diminishing the goodness and rectitude of our life. But if purity be nothing better than these, why should the body be perilled that it may be preserved? If, on the other hand, it belongs to the soul, then not even when the body is violated is it lost. Nay more, the virtue of holy continence, when it resists the uncleanness of carnal lust, sanctifies even the body, and therefore when this continence remains unsubdued, even the sanctity of the body is preserved, because the will to use it holily remains, and, so far as lies in the body itself, the power also.

For the sanctity of the body does not consist in the integrity of its members, nor in their exemption from all touch; for they are exposed to various accidents which do violence to and wound them, and the surgeons who administer relief often perform operations that sicken the spectator. A midwife, suppose, has (whether maliciously or accidentally, or through unskillfulness) destroyed the virginity of some girl, while endeavoring to ascertain it: I suppose no one is so foolish as to believe that, by this destruction of the integrity of one organ, the virgin has lost anything even of her bodily sanctity. And thus, so long as the soul keeps this firmness of purpose which sanctifies even the body, the violence done by another's lust makes no impression on this bodily sanctity, which is preserved intact by one's own persistent continence. Suppose a virgin violates the oath she has sworn to God, and goes to meet her seducer with the intention of yielding to him, shall we say that as she goes she is possessed even of bodily sanctity, when already she has lost and destroyed that sanctity of soul which sanctifies the body? Far be it from us to so misapply words. Let us rather draw this conclusion, that while the sanctity of the soul remains even when the body is violated, the sanctity of the body is not lost; and that, in like manner, the sanctity of the body is lost when the sanctity of the soul is violated, though the body itself remains intact. And therefore a woman who has been violated by the sin of another, and without any consent of her own, has no cause to put herself to death; much less has she cause to commit suicide in order to avoid such violation, for in that case she commits certain homicide to prevent a crime which is uncertain as yet, and not her own.

Chapter 19.— Of Lucretia, Who Put an End to Her Life Because of the Outrage Done Her.

This, then, is our position, and it seems sufficiently lucid. We maintain that when a woman is violated while her soul admits no consent to the iniquity, but remains inviolably chaste, the sin is not hers, but his who violates her. But do they against whom we have to defend not only the souls, but the sacred bodies too of these outraged Christian captives,— do they, perhaps, dare to dispute our position? But all know how loudly they extol the purity of Lucretia, that noble matron of ancient Rome. When King Tarquin's son had violated her body, she made known the wickedness of this young profligate to her husband Collatinus, and to Brutus her kinsman, men of high rank and full of courage, and bound them by an oath to avenge it. Then, heart-sick, and unable to bear the shame, she put an end to her life. What shall we call her? An adulteress, or chaste? There is no question which she was. Not more happily than truly did a declaimer say of this sad occurrence: « Here was a marvel: there were two, and only one committed adultery. » Most forcibly and truly spoken. For this declaimer, seeing in the union of the two bodies the foul lust of the one, and the chaste will of the other, and giving heed not to the contact of the bodily members, but to the wide diversity of their souls, says: « There were two, but the adultery was committed only by one. »

But how is it, that she who was no partner to the crime bears the heavier punishment of the two? For the adulterer was only banished along with his father; she suffered the extreme penalty. If that was not impurity by which she was unwillingly ravished, then this is not justice by which she, being chaste, is punished. To you I appeal, you laws and judges of Rome. Even after the perpetration of great enormities, you do not suffer the criminal to be slain untried. If, then, one were to bring to your bar this case, and were to prove to you that a woman not only untried, but chaste and innocent, had been killed, would you not visit the murderer with punishment proportionably severe? This crime was committed by Lucretia; that Lucretia so celebrated and lauded slew the innocent, chaste, outraged Lucretia. Pronounce sentence. But if you cannot, because there does not appear any one whom you can punish, why do you extol with such unmeasured laudation her who slew an innocent and chaste woman? Assuredly you will find it impossible to defend her before the judges of the realms below, if they be such as your poets are fond of representing them; for she is among those

Who guiltless sent themselves to doom,
And all for loathing of the day,
In madness threw their lives away.
And if she with the others wishes to return,

Fate bars the way: around their keep
The slow unlovely waters creep,
And bind with ninefold chain.


Or perhaps she is not there, because she slew herself conscious of guilt, not of innocence? She herself alone knows her reason; but what if she was betrayed by the pleasure of the act, and gave some consent to Sextus, though so violently abusing her, and then was so affected with remorse, that she thought death alone could expiate her sin? Even though this were the case, she ought still to have held her hand from suicide, if she could with her false gods have accomplished a fruitful repentance. However, if such were the state of the case, and if it were false that there were two, but one only committed adultery; if the truth were that both were involved in it, one by open assault, the other by secret consent, then she did not kill an innocent woman; and therefore her erudite defenders may maintain that she is not among that class of the dwellers below « who guiltless sent themselves to doom. » But this case of Lucretia is in such a dilemma, that if you extenuate the homicide, you confirm the adultery: if you acquit her of adultery, you make the charge of homicide heavier; and there is no way out of the dilemma, when one asks, If she was adulterous, why praise her? If chaste, why slay her?

Nevertheless, for our purpose of refuting those who are unable to comprehend what true sanctity is, and who therefore insult over our outraged Christian women, it is enough that in the instance of this noble Roman matron it was said in her praise, « There were two, but the adultery was the crime of only one. » For Lucretia was confidently believed to be superior to the contamination of any consenting thought to the adultery. And accordingly, since she killed herself for being subjected to an outrage in which she had no guilty part, it is obvious that this act of hers was prompted not by the love of purity, but by the overwhelming burden of her shame. She was ashamed that so foul a crime had been perpetrated upon her, though without her abetting; and this matron, with the Roman love of glory in her veins, was seized with a proud dread that, if she continued to live, it would be supposed she willingly did not resent the wrong that had been done her. She could not exhibit to men her conscience but she judged that her self-inflicted punishment would testify her state of mind; and she burned with shame at the thought that her patient endurance of the foul affront that another had done her, should be construed into complicity with him. Not such was the decision of the Christian women who suffered as she did, and yet survive. They declined to avenge upon themselves the guilt of others, and so add crimes of their own to those crimes in which they had no share. For this they would have done had their shame driven them to homicide, as the lust of their enemies had driven them to adultery. Within their own souls, in the witness of their own conscience, they enjoy the glory of chastity. In the sight of God, too, they are esteemed pure, and this contents them; they ask no more: it suffices them to have opportunity of doing good, and they decline to evade the distress of human suspicion, lest they thereby deviate from the divine law.

This answer which he gave in above two chapters, namely 18 and 19 of Book I of the City of God, can be studied online, here:

Saint Augustine of Hippo : The City of God (Book I)
http://www.newadvent.org/fathers/120101.htm


And whoever wishes to study it more and read even more chapters is heartily invited to do so.

And if a Muslim will read it and correct himself, so much the better for him. I owe them some good for the material favours I have got.

Hans-Georg Lundahl
BPI, Georges Pompidou
Day of St Moses
4-IX-2014

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