The concept of rape, both as an abduction and in the sexual sense (not always distinguishable), appears in early religious texts. Scholars of the Ancient Near East debate whether certain pieces of legislation regarding sexual offences from various states and cultures that have survived to the present day are about "rape" or about various other offences that the individuals involved may have consented to. There are many literary problems that make interpretation of these sex laws difficult, as the meaning of words depend on the context, and the laws often do not provide information about what the people (especially the women) involved in the acts wanted or did not want, and were more concerned about which combinations of individuals were illegitimate in view of the social order. They tended to focus on what a man might do to/with a woman he was not married to, especially if this resulted in the loss of virginity, regardless of whether she consented to it or not. Consequently, one scholar may interpret a law as being about rape, while another scholar concludes it is about consensual adultery, premarital sex etc.
Mesopotamia According to Scholz (2021), the only law in the Code of Hammurabi (composed c. 1750 BCE) that scholars universally agree relates to rape is § 130:
šum-ma a-wi-lum aš-ša-at a-wi-lim ša zi-ka-ra-am la i-du-u-ma i-na bit a-bi-ša wa-aš-ba-at u-kab-bil-ši-ma i-na zu-ni-ša it-ta-ti-bil-ma iș-șa-ab-tu-šu a-wi-lum šu-u id-da-ak zinništum ši-i u-ta-aš-šar If a man force the (betrothed) wife of another who has not known a male and is living in her father's house, and he lie in her bosom and they take him, that man shall be put to death and that woman shall go free.
This law is similar to §6 of the Code of Ur-Nammu from Sippar (c. 2100–2050 BCE), and §26 of the Laws of Eshnunna (c. 1930 BCE). The latter has also been compared to Deuteronomy 22:25–27 by Craig S. Keener (1996), who considered both of them rape scenarios; it states the following:
26. If a man gives bride-money for a(nother) man's daughter, but another man seizes her forcibly without asking permission of her father and her mother and deprives her of her virginity, it is a capital offence and he shall die. Another provision, generally regarded as a marry-your-rapist law, is found in §55 of the Middle Assyrian Laws (c. 1450–1250 BCE):
55. In the case of a seignior's daughter, a virgin who was living in her father's house, whose [father] had not been asked (for her in marriage), whose hymen had not been opened since she was not married, and no one had a claim against her father's house, if a seignior took the virgin by force and ravished her, either in the midst of the city or in the open country or at night in the street or in a granary or at a city festival, the father of the virgin shall take the wife of the virgin's ravisher and give her to be ravished; he shall not return her to her husband (but) take her; the father may give his daughter who was ravished to her ravisher in marriage. If he has no wife, the ravisher shall give the (extra) third in silver to her father as the value of a virgin (and) her ravisher shall marry her (and) not cast her off. If the father does not (so) wish, he shall receive the (extra) third for the virgin in silver (and) give his daughter to whom he wishes. Similarly, several provisions in the Hittite laws (also known as the 'Code of the Nesilim'; developed c. 1650–1500 BCE, in effect until c. 1100 BCE) are usually categorised by scholars as dealing with either incest, adultery or bestiality; § 197 is the only undisputed rape law:
197. If a man seizes a woman in the mountain, it is the man's crime and he will be killed. But if he seizes her in (her) house, it is the woman's crime and the woman shall be killed. If the husband finds them, he may kill them, there shall be no punishment for him. Because the Hittite word for 'woman' in this case does not indicate any status, such as whether she is married or unmarried, widowed, free or enslaved, the law seems to have referred to all women in general, and thus that raping a woman was always a crime, not just when she was married or engaged. In some rare cases, ancient laws did consider the (lack of) consent of a person (particularly a woman) involved a relevant factor in determining whether or not a sexual offence had occurred. Examples include §190 and §191 of the Hittite laws, and §12 of the Middle Assyrian Laws (this one involves a combination of lack of consent on the one hand, and force on the other).
Hittite laws §190. 'If a man and a woman come willingly, as men and women, and have intercourse, there shall be no punishment. (...)' Hittite laws §191. 'If a free man picks up now this woman, now that one, now in this country, then in that country, there shall be no punishment if they came together sexually willingly.' Middle Assyrian Laws §12. 'If, as a seignior's wife passed along the street, a(nother) seignior has seized her, saying to her, 'Let me lie with you', since she would not consent (and) kept defending herself, but he has taken her by force (and) lain with her, whether they found him on the seignior's wife or witnesses have charged him that he lay with the woman, they shall put the seignior to death, with no blame attaching to the woman'.
Ancient Israelites
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