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8.4.2 Rape
Deuteronomy recognizes that rape is a crime of violence: “the mat-
ter is as when a man rises up and murders another” (Deut. 22:26).
The difficulty is establishing whether the sex is rape or consensual.8.4.2.1 Deuteronomy considers a case where a man overpowers
and sleeps with an engaged woman in a field, where a girl’s cries
could not be heard: the man is executed but the girl is not pun-
ished (Deut. 22:25–27). The law assumes that sex in town was con-
sensual, since she would have been heard if she had cried out (Deut.
22:23–24). The third law involves sex with an unengaged girl but
does not state that she was overpowered (Deut. 22:28).8.4.2.2 The issue of the girl “crying out” may refer to her cries
for help during the rape or her complaining immediately after the
rape (cf. 2 Sam. 13:19 and MAL A 23). On the second interpreta-
tion, the girl could vindicate herself and avoid punishment by cry-
ing rape immediately after the event.8.4.3 Seduction
Exodus provides that a seducer must pay the bride-price, but the
father can take it without giving her as his wife (Exod. 22:16). In
Deuteronomy, a man who “catches” (tapsah) a virgin and sleeps with
her pays the bride-price and marries her without right of divorce
(Deut. 22:28–29). Since he did not approach her parents first, his
seduction was abuse ('innah). However, the key word for rape, “over-
power” (he ̇eziq), is not present. As with so many family laws in
Deuteronomy, the law limits the authority of parents: the father must
give the girl to her seducer. In effect, the law allows a couple to
marry even when they know the father will not approve: they can
force his hand by eloping.8.4.4 Forbidden Sexual Partners
In Leviticus 18 and 20, the practice of forbidden sexual relation-
ships by the pre-Israelite inhabitants of the land polluted the land
so that it “vomited them out” (Lev. 18:25). If Israel does the same,
the land will also vomit them out (Lev. 18:28).westbrook_f27-975-1046 8/27/03 1:36 PM Page 1035