I am currently writing a paper on the topic of Rape. The focus of the paper is on the halachot which apply to a case of rape. For instance, when a man sexually assaults a woman, how would a Beit Din or San Hedrin adjudicate the case? What are the elements of rape; in other words, what is the halachic definition of rape, if there is one at all. Is there a different term used in the Torah for what a modern court considers rape?
I am having a difficult time finding source material for this paper because it is such an obscure topic. I really thought that it would have been a prominent topic in modern Judaic scholarship because of the prevelance of violence and sexual assault in a modern society. So far, all the rabbis have given me very unsatisfactory reasons why there are no authorities to cite. Apparently, rape was not an issue at the time the Torah was transmitted. Halacha is not meant to punish people but is meant to guide people on the proper path. Therefore, it is not a mitzva to not "rape" someone but prohibited on grounds that one who commits a "rape" might violate other mitzvot and be subject to damages.
Based on this understanding I will probably write the bulk of my paper on the various "mitzvot ase" (positive) and "mitzvot lo taseh" (negative) which apply to the "rapist" and the various sexual and physical contacts that occur between the rapist and the raped. The definition of rape, rapist, and raped will be the American definitions. Halacha of damages and other relevant sources will then be applied.
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There is extensive discussion of rape in the Talmud, esp. Tractate Kesubos (Marriage Contracts).
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