Rape precedes marriage, engagement, betrothal, and courtship as sanctioned social behavior. In the bad old days, when a man wanted a woman he simply took her—that is, he abducted and fucked her. The
rapist, he kept her. If not, he discarded her.
Women, in those bad old days, were chattel. That is,
women were property, owned objects, to be bought, sold,
used, and stolen—that is, raped. A woman belonged first to
her father who was her patriarch, her master, her lord. The
very derivation of the word
means owner, possessor, or master. The basic social unit of
patriarchy is the family. The word
Oscan
master.
The Old Testament is eloquent and precise in delineating
the right of a man to rape. Here, for instance, is Old Testament law on the rape of enemy women. Deuteronomy, Chapter 21, verses 10 to 15—
When you go to war against your enemies and Yahweh your God
delivers them into your power and you take prisoners, if you see
a beautiful woman among the prisoners and find her desirable,
you may make her your wife and bring her to your home. She
is to shave her head and cut her nails and take off her prisoner’s
garb; she is to stay inside your house and must mourn her father
and mother for a full month. Then you may go to her and be a
husband to her, and she shall be your wife. Should she cease to
please you, you will let her go where she wishes, not selling her
for money; you are not to make any profit out of her, since you
have had the use of her. 2
A discarded woman, of course, was a pariah or a whore.
Rape, then, is the first model for marriage. Marriage laws
sanctified rape by reiterating the right of the rapist to ownership of the raped. Marriage laws protected the property rights of the first rapist by designating a second rapist as an adulterer,
that is, a thief. Marriage laws also protected the father’s
ownership of the daughter. Marriage laws guaranteed the father’s right to sell a daughter into marriage, to sell her to another man. Any early strictures against rape were strictures
against robbery— against the theft of property. It is in this
context, and in this context only, that we can understand rape
as a capital crime. This is the Old Testament text on the theft
of women as a capital offense. Deuteronomy 22: 22 to 23: 1—
If a man is caught sleeping with another man’s wife, both must
die, the man who has slept with her and the woman herself. You
must banish this evil from Israel.
If a virgin is betrothed and a man meets her in the city and
sleeps with her, you shall take them both out to the gate of the
town and stone them to death; the girl, because she did not cry
for help in the town; the man, because he has violated the wife
of his fellow. You must banish this evil from your midst. But if
the man has met the betrothed girl in the open country and has
taken her by force and lain with her, only the man who lay with
