THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXXV ~ |
CONCERNING
THE PUNISHMENT OF THE RAVISHER OF A VIRGIN AND HIS ACCOMPLICES. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
It
is not for the purpose of opposing ecclesiastical canons, or merely
to contradict civil enactments, that We have rendered the following
decision against the ravisher of a virgin, but because We have noticed
that it is more advantageous that the ecclesiastical law, through its
mildness, as it were, encourages the evil, while the civil law, as We
admit, is too severe in its suppression. The latter provides that not
only one who has carried away and ravished a young girl shall be put
to death and deprived of all his property, but also that his accomplices
in the crime shall be subjected to the same penalty, and that it makes
no difference if the girl voluntarily submitted to her ravisher.
Moreover, the law declares
that if the father knew of the rape, he shall be punished by deportation,
and even if he was not aware of it at the time it was committed, but
learned of it afterwards, and attached very little importance to the
violation of his daughter, and pardoned the guilty party, or even gave
his daughter to him in marriage, he will be equally liable to deportation
as a penalty for his neglect. These are the rules adopted by the ancients.
But Our Father, of eternal memory, paying less attention to the rape
itself than to the circumstances with which it was accompanied, regulated
his opinion accordingly, and decreed that if the offence was committed
with arms, that is to say with swords, or any other lethal weapons,
the culprit should be punished with death, because when they were employed,
the act implied homicidal intent. So far as those who aided in its perpetration,
or harbored the criminal, are concerned, he decided that they should
have their noses cut off, be scourged, and shaved. If, on the other
hand, the rape was committed without weapons, the ravisher was not punished
with death, because he did not have any intention to inflict it, but
he would be condemned to have his hand amputated, and those who assisted
him, or had any share whatever in the commission of the crime, were
condemned to be scourged, shaved, and deported. So much for the corporeal
punishment; and with reference to the pecuniary penalty, no change is
made in former laws, which shall remain in full force. These are the
matters which Our Father decreed, and which We approve, and order that
they shall always preserve their authority and effect. |
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