Deuteronomy 22
1-If a man finds a girl who is a virgin, who is not engaged, and seizes her and lies with her and they are discovered, then the man who lay with her shall give to the girl’s father fifty shekels of silver, and she shall become his wife because he has violated her; he cannot divorce her all his days.
To understand this, we really need to understand Middle Eastern culture back then. Back then, if a woman was not a virgin, then it was extremely unlikely that she would ever be able to find a husband.
If she couldn’t find a husband, what happened?
She was either doomed to a life of poverty and childlessness, both of which were considered the ultimate shame. Or she could become a prostitute. Also shameful.
So really, this law was there to ensure that the woman, who was an innocent victim, was not forced into a life of destitution and shame. Notice it explicitly says he is forbidden to divorce her. This clearly shows that the law was meant to protect the woman and give her a secure livelihood, not punish her. It was the man’s fault, he needs to fix things.
It sounds harsh to our ears. But marriage was viewed in a utilitarian way back then. Love was secondary and really, when you think of it, this law is actually pretty revolutionary for the time. Instead of the man getting off scott-free and ‘‘honor killing’’ the woman (like still happens in some places today) the man is forced to provide for her for the rest of his life, no way out.
2-If a damsel that is a virgin be betrothed unto an husband, and a man find her in the city, and lie with her;
Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones that they die; the damsel, because she cried not, being in the city; and the man, because he hath humbled his neighbour’s wife: so thou shalt put away evil from among you.
This text isn’t about punishing rape, but adultery. The next few verses immediately following this one make that clear:
*
“But if in the open country a man meets a young woman who is betrothed, and the man seizes her and lies with her, then only the man who lay with her shall die
But to the young woman you shall do nothing; in the young woman there is no offense punishable by death, for this case is like that of a man attacking and murdering his neighbor; because he came upon her in the open country, and though the betrothed young woman cried for help there was no one to rescue her.”*(Deuteronomy 22:25-27)
Here it says the woman did *. The reason both are put to death in the first case is because it is presumed, if she was in the city, and nobody heard her screaming (remember, cities over there were tightly packed. People would hear things.) then she must have consented. In that case it’s not considered rape but adultery, which was punishable by death under the old law.
But notice if it happened in the countryside, then the woman is presumed innocent. Even though she technically could have decided to rendezvous with the guy outside the city. The law is on the woman’s side here, not the man’s.
So bottom line, the Old Testament does not punish a rape victim for being raped. #1 is about protecting a woman’s livelihood in a culture where she would now be considered undesirable. #2 is about punishing adultery.*