Sexual intercourse with a woman against her will. Unless the contrary be proved by the testimony of witnesses, intercourse with a woman in a place where no one could have come to her aid even if she had cried out will be presumed to have occurred against her will. If however, it happened in a place where she could have summoned help but there were no witnesses to testify that she did so, she will be presumed to have been seduce (to have consented to intercourse). If intercourse took place while she was asleep and thus unaware, she is considered to have been raped because of the absence of her free will. If intercourse began as a forcible violation but terminated with the woman’s consent, she will nevertheless be regarded as having been raped since in such circumstances her passions and nature have compelled her to acquiesce (Ket. 51b; Yad, Issurei Bi’ah 1:9).

Legal Consequences

A person who violates a virgin must pay a fine as well as compensation for pain, suffering, shame and blemish which is to be assessed according to the circumstances in each case (Yad, Na’arah Betula 2:1-6). If the na’arah is seduced, the seducer is liable to pay the same fine and compensation, but in view of her consent is not liable for compensation for pain and suffering.

In addition to the financial liabilities mentioned above, the violator of a na’arah is compelled to marry her. , “She shall be his wife… he cannot put her away all his days” (Deut. 22:29), unless marriage between them is prohibited by the pentateuchal or rabbinic law. The na’arah of her father may refuse her marriage to the violator, in which event the transgressor will be exempt from the obligation to marry her and be liable only for the fine and the other payments. A person who seduces a na’arah has no obligation to marry her. A married woman who has been raped does not become prohibited to her husband unless he is a priest, in which case he must divorce her (Yev. 56b; Yad, Ishut 24:19, 21; Sh. Ar., EH 6:10,11).