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it can not be within marriage, as indeed was the case in English Law until 1991 when the House of Lords ruling in R v R stated it was anachronistic to maintain such position in modern western society.
The Augustan historian Livy seems "embarrassed" by the rape motif, and emphasizes the redeeming political dimension of traditional stories.
The "rape" of the Sabine women was interpreted as showing that Rome was constituted as a "blended" population in which people resolved violence and coexisted by consent and treaty.
The consequences of an abduction or an elopement were considered a private matter to be determined by the couple and their families, who might choose to recognize the marriage.
Augustine's interpretation of the rape of Lucretia (in The City of God Against the Pagans 1.19) has generated a substantial body of criticism, starting with a satire by Machiavelli.
People who worked as prostitutes or entertainers, even if they were technically free, suffered infamia, the loss of legal and social standing.
A person who made his or her body available for public use or pleasure had in effect surrendered the right to be protected from sexual abuse or physical violence.The victim's consent was usually not a factor in Roman rape cases, since raptus could refer to a successful seduction as well as abduction or forced sex.What had been violated was primarily the right of the head of household (paterfamilias) to give or withhold his consent.As a consequence, the rape of a virgin was often a more serious crime than of a non-virgin, even a wife or widow, and the rape of a prostitute or other unchaste woman was, in some laws, not a crime because her chastity could not be harmed.Furthermore, the woman's consent was under many legal systems not a defense.violent outrage, and its punishment was so severe that it destroyed not only Laius himself, but also his son, Oedipus, his wife Jocasta, his grandchildren (including Antigone) and members of his extended family. The "abduction" of an unmarried girl from her father's household in some circumstances was a matter of the couple eloping without her father's permission to marry.