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I always had trouble understanding the Torah’s view on rape. The way secular society views it, and the way I view it, is that it is a horrible and unforgivable crime, right below murder in severity. And yet the Torah doesn’t seem to make it seem that way. Or at least it is sending mixed messages. On the one hand we have the story of Dinah, and how Shimon and Leivi destroyed an entire city because of rape. This story seems to imply that the Torah takes rape very seriously. However, in terms of the halachah, it seems not as serious, or at least not as serious as secular society makes it.
If I’m not mistaken, Devarim 22:28-29 is referring to rape (as seduction is in Mishpatim and the punishment is different) and the punishment is simply a fine (to the father) and the criminal is forced to marry the victim (I’m assuming that he is not forced to marry her if she doesn’t want to marry him). Now this doesn’t seem to fit the crime. There’s no jail time, no lashes, it doesn’t even seem to be a sin. Is rape even counted as a lav? Not only that, but the possuk is only referring to a na’arah, it doesn’t even say what the punishment would be if the girl is a bogeres. Is there a punishment in that case? Why does the Torah seem to take the crime of rape so lightly?
The severity of Bain Adam Lechaveiro aveiros are not determined whether it is a lav or not. It is determined by the pain inflicted even if there was no lav – ??? ????? ?? ???? ???? ?????? ?? ?????.
A single woman can hit her assailer with a lawsuit in beis din for a very large compensation. Rabbi Akiva obligated someone to pay 400 zuz(2 times the poverty line yearly salary at the time) for taking off a lady’s teichel in piblic, how much more so he would award an assault victim. Plus, he is probably deserving of a stricter punishment, but Torah had mercy on daman shel Isroel.A non-Isroel would be chayav misa. Plus, as the Englishman wrote there is an issue of very severe emotional pain inflicted for which he needs to get forgiveness.
mdd: How can she sue for very large compensation? Halacha itself specifies the amount of monetary damages she gets if she chooses not to marry him.
Bubka, the Torah specifies the amount of knas(fine) paid to a na’ara’s father. That is in additon to any compensation for nezek(damage), tza’ar(pain), boyshes(embarrassment), sheves(being out of work, if applicable) and ripuy(medical bills, if applicable) that any single woman would be entitled to (c’v,it should not happen).
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