There is seduction without rape when a man, without employing force, violates a virgin unlawfully.
Reply to Objection 1: Since rape frequently coincides with seduction, the one is sometimes used to signify the other.
Reply to Objection 2: The employment of force would seem to arise from the greatness of concupiscence, the result being that a man does not fear to endanger himself by offering violence.
Reply to Objection 3: The rape of a maiden who is promised in marriage is to be judged differently from that of one who is not so promised. For one who is promised in marriage must be restored to her betrothed, who has a right to her in virtue of their betrothal: whereas one that is not promised to another must first of all be restored to her father's care, and then the abductor may lawfully marry her with her parents' consent. Otherwise the marriage is unlawful, since whosoever steals a thing he is bound to restore it. Nevertheless rape does not dissolve a marriage already contracted, although it is an impediment to its being contracted. As to the decree of the council in question, it was made in abhorrence of this crime, and has been abrogated. Wherefore Jerome [*The quotation is from Can. Tria. xxxvi, qu. 2] declares the contrary: "Three kinds of lawful marriage," says he, "are mentioned in Holy Writ. The first is that of a chaste maiden given away lawfully in her maidenhood to a man. The second is when a man finds a maiden in the city, and by force has carnal knowledge of her. If the father be willing, the man shall endow her according to the father's estimate, and shall pay the price of her purity [*Cf. Dt. 22:23-29 ]. The third is, when the maiden is taken away from such a man, and is given to another at the father's will."
We may also take this decree to refer to those who are promised to others in marriage, especially if the betrothal be expressed by words in the present tense.
Reply to Objection 4: The man who is just married has, in virtue of the betrothal, a certain right in her: wherefore, although he sins by using violence, he is not guilty of the crime of rape. Hence Pope Gelasius says [*Can. Lex illa, xxvii, qu. 2; xxxvi, qu. 1]: "This law of bygone rulers stated that rape was committed when a maiden, with regard to whose marriage nothing had so far been decided, was taken away by force."
Whether adultery is determinate species of lust, distinct from the other species?
Objection 1: It would seem that adultery is not a determinate species of lust, distinct from the other species. For adultery takes its name from a man having intercourse "with a woman who is not his own [ad alteram]," according to a gloss [*St. Augustine: Serm. li, 13 de Divers. lxiii] on Ex. 20:14. Now a woman who is not one's own may be of various conditions, namely either a virgin, or under her father's care, or a harlot, or of any other description. Therefore it seems that adultery is not a species of lust distinct from the others.
Objection 2: Further, Jerome says [*Contra Jovin. i]: "It matters not for what reason a man behaves as one demented. Hence Sixtus the Pythagorean says in his Maxims: He that is insatiable of his wife is an adulterer," and in like manner one who is over enamored of any woman. Now every kind of lust includes a too ardent love. Therefore adultery is in every kind of lust: and consequently it should not be reckoned a species of lust.
Objection 3: Further, where there is the same kind of deformity, there would seem to be the same species of sin. Now, apparently, there is the same kind of deformity in seduction and adultery: since in either case a woman is violated who is under another person's authority. Therefore adultery is not a determinate species of lust, distinct from the others.
On the contrary, Pope Leo [*St. Augustine, De Bono Conjug. iv; Cf. Append. Grat. ad can. Ille autem. xxxii, qu. 5] says that "adultery is sexual intercourse with another man or woman in contravention of the marriage compact, whether through the impulse of one's own lust, or with the consent of the other party." Now this implies a special deformity of lust. Therefore adultery is a determinate species of lust.
I answer that, Adultery, as its name implies, "is access to another's marriage-bed [ad alienum torum]" [*Cf. Append. Gratian, ad can. Ille autem. xxxii, qu. 1]. By so doing a man is guilty of a twofold offense against chastity and the good of human procreation. First, by accession to a woman who is not joined to him in marriage, which is contrary to the good of the upbringing of his own children. Secondly, by accession to a woman who is united to another in marriage, and thus he hinders the good of another's children. The same applies to the married woman who is corrupted by adultery. Wherefore it is written ( Sir. 23:32 , 33 ): "Every woman . . . that leaveth her husband . . . shall be guilty of sin. For first she hath been unfaithful to the law of the Most High" (since there it is commanded: "Thou shalt not commit adultery"); "and secondly, she hath offended against her husband," by making it uncertain that the children are his: "thirdly, she hath fornicated in adultery, and hath gotten children of another man," which is contrary to the good of her offspring. The first of these, however, is common to all mortal sins, while the two others belong especially to the deformity of adultery. Hence it is manifest that adultery is a determinate species of lust, through having a special deformity in venereal acts.
Reply to Objection 1: If a married man has intercourse with another woman, his sin may be denominated either with regard to him, and thus it is always adultery, since his action is contrary to the fidelity of marriage, or with regard to the woman with whom he has intercourse; and thus sometimes it is adultery, as when a married man has intercourse with another's wife; and sometimes it has the character of seduction, or of some other sin, according to various conditions affecting the woman with whom he has intercourse: and it has been stated above (A[1]) that the species of lust correspond to the various conditions of women.
Reply to Objection 2: Matrimony is specially ordained for the good of human offspring, as stated above (A[2]). But adultery is specially opposed to matrimony, in the point of breaking the marriage faith which is due between husband and wife. And since the man who is too ardent a lover of his wife acts counter to the good of marriage if he use her indecently, although he be not unfaithful, he may in a sense be called an adulterer; and even more so than he that is too ardent a lover of another woman.
Reply to Objection 3: The wife is under her husband's authority, as united to him in marriage: whereas the maid is under her father's authority, as one who is to be married by that authority. Hence the sin of adultery is contrary to the good of marriage in one way, and the sin of seduction in another; wherefore they are reckoned to differ specifically. Of other matters concerning adultery we shall speak in the Third Part [*XP, Q[59], A[3]; XP, QQ[60],62], when we treat of matrimony.
Whether incest is a determinate species of lust?
Objection 1: It would seem that incest is not a determinate species of lust. For incest [*'Incestus' is equivalent to 'in-castus = 'unchaste'] takes its name from being a privation of chastity. But all kinds of lust are opposed to chastity. Therefore it seems that incest is not a species of lust, but is lust itself in general.
Objection 2: Further, it is stated in the Decretals (XXXVI, qu. 1 [*Cf. Append. Grat. ad can. Lex illa]) that "incest is intercourse between a man and a woman related by consanguinity or affinity." Now affinity differs from consanguinity. Therefore it is not one but several species of lust.
Objection 3: Further, that which does not, of itself, imply a deformity, does not constitute a determinate species of vice. But intercourse between those who are related by consanguinity or affinity does not, of itself, contain any deformity, else it would never have been lawful. Therefore incest is not a determinate species of lust.
On the contrary, The species of lust are distinguished according to the various conditions of women with whom a man has unlawful intercourse. Now incest implies a special condition on the part of the woman, because it is unlawful intercourse with a woman related by consanguinity or affinity as stated (OBJ[2]). Therefore incest is a determinate species of lust.
I answer that, As stated above (AA[1],6) wherever we find something incompatible with the right use of venereal actions, there must needs be a determinate species of lust. Now sexual intercourse with women related by consanguinity or affinity is unbecoming to venereal union on three counts. First, because man naturally owes a certain respect to his parents and therefore to his other blood relations, who are descended in near degree from the same parents: so much so indeed that among the ancients, as Valerius Maximus relates [*Dict. Fact. Memor. ii, 1], it was not deemed right for a son to bathe with his father, lest they should see one another naked. Now from what has been said (Q[142], A[4]: Q[151], A[4]), it is evident that in venereal acts there is a certain shamefulness inconsistent with respect, wherefore men are ashamed of them. Wherefore it is unseemly that such persons should be united in venereal intercourse. This reason seems to be indicated ( Lev. 18:7 ) where we read: "She is thy mother, thou shalt not uncover her nakedness," and the same is expressed further on with regard to others.
The second reason is because blood relations must needs live in close touch with one another. Wherefore if they were not debarred from venereal union, opportunities of venereal intercourse would be very frequent and thus men's minds would be enervated by lust. Hence in the Old Law [*Lev. 18] the prohibition was apparently directed specially to those persons who must needs live together.
The third reason is, because this would hinder a man from having many friends: since through a man taking a stranger to wife, all his wife's relations are united to him by a special kind of friendship, as though they were of the same blood as himself. Wherefore Augustine says (De Civ. Dei xv, 16): "The demands of charity are most perfectly satisfied by men uniting together in the bonds that the various ties of friendship require, so that they may live together in a useful and becoming amity; nor should one man have many relationships in one, but each should have one."
Aristotle adds another reason (2 Polit. ii): for since it is natural that a man should have a liking for a woman of his kindred, if to this be added the love that has its origin in venereal intercourse, his love would be too ardent and would become a very great incentive to lust: and this is contrary to chastity. Hence it is evident that incest is a determinate species of lust.
Reply to Objection 1: Unlawful intercourse between persons related to one another would be most prejudicial to chastity, both on account of the opportunities it affords, and because of the excessive ardor of love, as stated in the Article. Wherefore the unlawful intercourse between such persons is called "incest" antonomastically.