Right, consent is relevant insofar as it determines whether the maiden is complicit in the harm to her fiance. But it’s not a determinant of whether harm was done, or even the severity of it. If you have sex with another man’s wife or fiance, you die. If she’s not betrothed then the pottery barn rule kicks in and you make restitution to her owner. If there’s contested ownership (e.g., if she’s your slave but someone else’s fiancee) you pay a fine (Leviticus 19:20-22.)
In all cases the person whose consentH^H^H^H^H^H injury matters is not that of the woman; it’s that of the man who owns her.
In all cases the person whose consent matters is not that of the woman; it’s that of the man who owns her.
That’s certainly not the case in the passage quoted here. In fact in no place in the passage is the fiance, husband or father even able to give consent. These particular rules apply even if for some reason the fiance or husband said “go for your life, she’s yours for the taking”. The only consent that is mentioned at all is the consent of the betrothed damsel, the giving of which will get her killed alongside her lover—it is male consent that does not happen to matter at all.
The issues you have with sexism in these collections of religious text seem to be overshadowing what this passage has to say about rape. (And those issues may be valid and important in their own right as independent subjects!)
That does seem likely to be the reason there were such strict laws against adultery. Robin Hanson explores why adultery (and so cuckoldry) is a more significant issue for males.
Right, consent is relevant insofar as it determines whether the maiden is complicit in the harm to her fiance. But it’s not a determinant of whether harm was done, or even the severity of it. If you have sex with another man’s wife or fiance, you die. If she’s not betrothed then the pottery barn rule kicks in and you make restitution to her owner. If there’s contested ownership (e.g., if she’s your slave but someone else’s fiancee) you pay a fine (Leviticus 19:20-22.)
In all cases the person whose consentH^H^H^H^H^H injury matters is not that of the woman; it’s that of the man who owns her.
That’s certainly not the case in the passage quoted here. In fact in no place in the passage is the fiance, husband or father even able to give consent. These particular rules apply even if for some reason the fiance or husband said “go for your life, she’s yours for the taking”. The only consent that is mentioned at all is the consent of the betrothed damsel, the giving of which will get her killed alongside her lover—it is male consent that does not happen to matter at all.
The issues you have with sexism in these collections of religious text seem to be overshadowing what this passage has to say about rape. (And those issues may be valid and important in their own right as independent subjects!)
You’re right, consent was the wrong word to use in that context. I was being sloppy and meant that the men in question were the wronged party.
That does seem likely to be the reason there were such strict laws against adultery. Robin Hanson explores why adultery (and so cuckoldry) is a more significant issue for males.