Reply Obj. 1: Although a virgin is free from the bond of marriage, she is not free from her father's power. Moreover, the seal of virginity is a special obstacle to the intercourse of fornication, in that it should be removed by marriage only. Hence seduction is not simple fornication, since the latter is intercourse with harlots, women, namely, who are no longer virgins, as a gloss observes on 2 Cor. 12: "And have not done penance for the uncleanness and fornication," etc.
Reply Obj. 2: Ambrose here takes seduction in another sense, as applicable in a general way to any sin of lust. Wherefore seduction, in the words quoted, signifies the intercourse between a married man and any woman other than his wife. This is clear from his adding: "Nor is it lawful for the husband to do what the wife may not." In this sense, too, we are to understand the words of Num. 5:13: "If [Vulg.: 'But'] the adultery is secret, and cannot be provided by witnesses, because she was not found in adultery (stupro)."
Reply Obj. 3: Nothing prevents a sin from having a greater deformity through being united to another sin. Now the sin of lust obtains a greater deformity from the sin of injustice, because the concupiscence would seem to be more inordinate, seeing that it refrains not from the pleasurable object so that it may avoid an injustice. In fact a twofold injustice attaches to it. One is on the part of the virgin, who, though not violated by force, is nevertheless seduced, and thus the seducer is bound to compensation. Hence it is written (Ex. 22:16, 17): "If a man seduce a virgin not yet espoused, and lie with her, he shall endow her and have her to wife. If the maid's father will not give her to him, he shall give money according to the dowry, which virgins are wont to receive." The other injury is done to the maid's father: wherefore the seducer is bound by the Law to a penalty in his regard. For it is written (Deut. 22:28, 29): "If a man find a damsel that is a virgin, who is not espoused, and taking her, lie with her, and the matter come to judgment: he that lay with her shall give to the father of the maid fifty sicles of silver, and shall have her to wife, and because he hath humbled her, he may not put her away all the days of his life": and this, lest he should prove to have married her in mockery, as Augustine observes. [*QQ. in Deut., qu. xxxiv.] _______________________
SEVENTH ARTICLE [II-II, Q. 154, Art. 7]
Whether Rape Is a Species of Lust, Distinct from Seduction?
Objection 1: It would seem that rape is not a species of lust, distinct from seduction. For Isidore says (Etym. v, 26) that "seduction (stuprum), or rape, properly speaking, is unlawful intercourse, and takes its name from its causing corruption: wherefore he that is guilty of rape is a seducer." Therefore it seems that rape should not be reckoned a species of lust distinct from seduction.
Obj. 2: Further, rape, apparently, implies violence. For it is stated in the Decretals (XXXVI, qu. 1 [*Append. Grat. ad can. Lex illa]) that "rape is committed when a maid is taken away by force from her father's house that after being violated she may be taken to wife." But the employment of force is accidental to lust, for this essentially regards the pleasure of intercourse. Therefore it seems that rape should not be reckoned a determinate species of lust.
Obj. 3: Further, the sin of lust is curbed by marriage: for it is written (1 Cor. 7:2): "For fear of fornication, let every man have his own wife." Now rape is an obstacle to subsequent marriage, for it was enacted in the council of Meaux: "We decree that those who are guilty of rape, or of abducting or seducing women, should not have those women in marriage, although they should have subsequently married them with the consent of their parents." Therefore rape is not a determinate species of lust distinct from seduction.
Obj. 4: Further, a man may have knowledge of his newly married wife without committing a sin of lust. Yet he may commit rape if he take her away by force from her parents' house, and have carnal knowledge of her. Therefore rape should not be reckoned a determinate species of lust.
On the contrary, Rape is unlawful sexual intercourse, as Isidore states (Etym. v, 26). But this pertains to the sin of lust. Therefore rape is a species of lust.