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both pardoned (MAL A 15:51–57). A marginal case is that of sex-
ual relations brought about by a procuress, who has lured a mar-
ried woman into her house and given her to a man. The wife is
subject to punishment at her husband’s discretion if she does not
declare what has happened on leaving the house. She is presumed
to have agreed to the offense even if it was not at her initiative. In
the opposite case, she is presumed to have been raped (see 8.4 below).
The procuress and the paramour are treated like the adulteress (MAL
A 23). A kiss granted by a married woman entails punishment at
her husband’s discretion; her partner is innocent, presumed unaware
of her married status (MAL A 16:58–62). A kiss stolen from a mar-
ried woman, on the contrary, is an affront to her husband and is
punished by mutilation of the culprit’s lip (MAL A 9:93–96).^1408.3.2 An accusation of adultery does not expose its author to ret-
ribution if he is in good faith. Thus, the ordeal prescribed to verify
an accusation that a man cannot prove by witnesses will have no
consequences if the woman is shown to be innocent (MAL A 17).
A malicious slander, on the other hand, is punished with forty strokes
of the rod, a month’s royal corvée, a mark of infamy on the head,
and a fine of a talent of lead (MAL A 18).8.4 Rape
8.4.1 Intercourse with a married woman is deemed rape when she
has offered firm resistance (MAL A 12). By contrast, any form of
physical or psychological violence amounts to rape when the victim
is a child (MAL A 55). The rapist of a married woman suffers death
(MAL A 12 and 23), as does a procuress who abetted the offense
(MAL A 23). The law, however, recognizes attenuating circumstances
for a man who, enticed by a woman, first embraced her and then
took her by force: he suffers the same punishment as the husband
decides for his wife (MAL A 16). In the same way, the wife taken
with on a business trip who accuses a man of having slept with her
is doubtless claiming rape (MAL A 22).^141 A raped virgin is given(^140) For the various interpretations of this fragmentary text, cf. Lafont, Femmes...,
163–64.
(^141) Cardascia, Lois.. ., 140.
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