Laws and Punishment for Rape (Essay Sample)

Laws and Punishment for Rape
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Table of Contents
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Table of Contents  PAGEREF _Toc322946733 \h
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INTRODUCTION  PAGEREF _Toc322946734 \h
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THE ANCIENT EASTERN LAW  PAGEREF _Toc322946735 \h
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THE MOSAIC LAW  PAGEREF _Toc322946736 \h
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LAWS AND PUNISHMENT FOR RAPE  PAGEREF _Toc322946737 \h
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Rape involving unbetrothed virgin  PAGEREF _Toc322946738 \h
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Rape involving betrothed virgin or wife  PAGEREF _Toc322946739 \h
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Conclusion  PAGEREF _Toc322946740 \h
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References  PAGEREF _Toc322946741 \h
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INTRODUCTION
It is noteworthy that some of the laws that were coined during the ancient days were both claimed and acclaimed in equal measures by both the adherents of the Mosaic Law and those of the ancient Near Eastern law codes. Uncertainty persists when it comes to determining the group that imitated these laws from the other. In any society, with a group of people living together, laws are vital tools for developing and sustaining social order. They clearly and distinctively dictate the freedom and limits of the people governed. Even at this point, it is instructive to note that though shared attributes are in existence with regard to the Mosaic Law and the ancient Near Eastern law codes, clear disparities are significantly existent.
To a modern day observer, some of these laws are far from noble, even barbarous, with regard to their interpretation and more so their application. However, a keen consideration of these laws reveals some key elements concerning the societies governed by these laws. Just like in modern days, prehistorically, the law was viewed as a mirror of the society before which blemishes could be revealed and hence addressed accordingly. This was done in a bid to eradicate any form of moral confusion in the society. These primeval laws served as key pointers to the society’s attitudes towards aspects of morality. Issues of fidelity, virginity, and marriage were of great importance, therefore, any deviation from the norms as stipulated and instructed by the laws received punishment at its severity.
This paper will concern itself at depth with the laws and punishments for rape as stipulated in the ancient Near Eastern law codes as asserted by Matthews/Benjamin, in comparison with the laws regarding rape under the Pentateuchal laws. This will involve objectively demonstrating the commonalities between these laws and also stating with clarity their distinction.
THE ANCIENT EASTERN LAW
These were secular laws, formulated by the ruling authority to establish and maintain societal orderliness. Asia Minor and Mesopotamia are chief domains from which archeological work exceled leading to the discovery of olden day’s cuneiform collections of the laws.
Various codes of ancient Near Eastern laws were necessitated by the need to corroborate reigns of enthroned kings. Each king taking over the throne would enact a new set of rules and regulations; this would form the governing laws unique to their reigns. However a significant number of scholars have maintained that, these set of laws “had minimal or no significance on issues of law.”
THE MOSAIC LAW
As opposed to the ancient Eastern, Mosaic Law is considered to be religious. It was developed by the Almighty God, Yahweh. After being inscribed on stone tablets, was then presented to Moses, the servant of God. This was done with the express aim of setting the people of Israel separate from other secular communities that dwelled around them. They were to embrace holiness by fearing their God as specified in the Laws of Moses. It was an invitation into an everlasting covenant.
LAWS AND PUNISHMENT FOR RAPE
To be able to stand at a vantage point and receive clarity on these ancient laws and their application, it is imperative to make mention of this key features. It is worthwhile to note that, the societies which subscribed to these laws were both patriarchal. Men ranked before women in social status and order. For instance, women were not permitted to choose spouses of their liking. They were married of by their male family members. Moreover, they were not allowed to testify in a court of law, even when they were directly linked to a case. According to the Middle Assyrian law 37, the right to divorce was a privilege of their husbands and there was no room for them to initiate such a measure.
This is indicative of the vulnerability of women to a plethora of upheavals. Sexual crimes in the Pentateuch and the Ancient Near East era were judged by these laws. Here, we will limit our reference to the crime of rape.
Rape involving unbetrothed virgin
According to the Ancient Near Eastern law, the severity of the punishment for rape was defined with regard to the status and the locality of the woman during the ordeal. To begin with, rape involving unbetrothed virgin (MAL 55) depended on the location of the girl, for instance, if she was defiled while away from her home and its precincts and without the consent of her parents, then she was to be taken in marriage by the rapist. He is only required compensate the girl’s father through the payment of monetary fine, for the loss of bride price that he would have received through the marriage of his daughter. This did not attract punishment for capital offence, and the monetary factor was the chief settlement for retribution. On the other hand if her parents were aware of her whereabouts, then the man who defiled her was only required to take an oath and he would be exonerated from the accusation of rape. Why was this so, and which loopholes did such a law present?
It can be argued, that perhaps, in the case of rape that occurred while her parents were aware of her whereabouts, the penalty was lenient out of the fact that, her parents who are supposed to responsibly guard her failed, and therefore, carry part of the blame. She is viewed as a source of monetary gain for the family, especially to the father. Her father is supposed to be keen on her welfare, because, it is beneficial monetarily and also, it elevates the image of the family.
Rape cases that arose from kidnappings of the unbetrothed woman demanded that the father of the girl preys upon the offender’s wife and he, likewise, ravishes her. It was tooth for tooth. The rapist was then fined 1/3 more than the bride price. But, what if the rapist was not in a matrimonial fellowship, and hence, did not have a wife?
Under the Mosaic Law, the rape of unbetrothed virgin demanded that, the rapist is prevailed upon to pay 50 shekels of silver, as underscored in Deuteronomy 22:28-29, considered being the highest amount for a brideprice, and then demanded to take the girl as his wife. Under this arrangement, he is restricted from ever divorcing her. The fact that he is not allowed to divorce her, serves to ensure her security in marriage. In Old Testament laws, only the offender is required to carry the penalty, therefore his wife is not preyed upon to be ravished by the girl’s father.
It is clear that, this did not take into account the emotional aspect of the victim who is forced to abide by her rapist for the rest of her life. This perhaps, is so because, these societies in consideration viewed the rape of unbetrothed virgin as an opportunity to make a gain monetarily just as in the case of a legal marriage.
Rape involving betrothed virgin or wife
Rape cases involving a betrothed virgin in the Ancient Near Eastern law placed a death penalty upon the rapist. The girl was absolved (Eshnunna 26; Hammurabi 130). For the case of a wife, if the rape occurred away from her home, for instance on the mountain or on the field, punishment by death was carried on the rapist; the wife is considered a victim (MAL 12, 23b; Hittite Law 197a). However, if it happened in her home, whether she was aware or not, it was regarded as adultery and both the ravisher and the woman were executed (Laws of Eshnunna 28; Hammurabi 129, 143). In the case where the husband finds them in a sexual commotion, he was permitted by the law to kill them.
Under the pentateuchal law, the rape of a betrothed virgin in a busy location for instance, in a town, is regarded as adultery, since by raising an alarm through screaming, she could have been rescued. Therefore, the two must be stoned to death. This was done to purge all evil away from the people. If the girl was raped in the country side, she is absolved from guilt. Only the ravisher is punished by death as stipulated in Deuteronomy 22:28-29. The fact that no room was permitted for women’s testimony, the location of rape was a primary pointer that could distinguish between rape and adultery. What happens to a girl in the case of rape whose knowledge is not disclosed for fear of stigmatization (cf. 2 Samuel 13:20), or no one witnessed, during her marriage when her husband discovers that she was deflowered, is she to be taken before trial and then stoned to death at the entry of her father’s house?
This was a major dent to both the ancient Near Eastern law and the Pentateuchal laws. Perhaps, out of such applications of these laws, a significant number of victims perished by stoning. This is uncalled for. However, with a keen observation into these laws and the times under which they were in use, it is of import to think that they achieved to realign the society with regard to orderliness and discipline.
Conclusion
These two ancient sets of law borrow sign...