The text is quite plain.
Let me lay out this particular scenario step by step:
**23 If a man have espoused a damsel that is a virgin, and some one find her in the city, and lie with her, **
A sexual act has taken place, with a woman who is betrothed/married but unconsummated, thus, by reason of a hymen which is at that juncture no longer intact, she had sex. Further, she can’t claim rape because it is virtually impossible in those cities, particularly as we find today in the middle east, especially in “old quarter” types of areas, with no modern construction or auto noise. I have been in areas like this, and even when it’s busy, you can still hear the sound of someone being forced against their will. Especially the shriek of a woman.
24 you shall bring them both out to the gate of that city, and they shall be stoned: the damsel, because she cried not out, being in the city: the man, because he has humbled his neighbour’s wife.
It’s indicating a tryst. An affair, whether ongoing or one time. She can’t claim rape in the city, because she would have cried out and been heard. Therefore, they’re committing adultery, fornicating (if one assumes less status to engagement, which was not the case, though a modern reading could arrive at this conclusion), or committing prostitution.
And you shall take away the evil from the midst of you.
If she were to claim rape, she is a liar, and is attempting to save her own skin at the cost of her lover. If he goes along with it, the evidence of no screaming in the city, which would have been heard, stands to convict them both, because he is now contributing to the lie she told, and is now culpable on both adultery AND bearing false witness.
Either way, the necessary evidence to put forth a rape claim is in the favor of the woman in all cases. But it also necessitates certain conditions, such as struggle and screaming for help.
Were she to claim circumstances outside of these conditions being met, I would think any wise council judging the matter would look for evidence to back this claim, such as a contusion or bleeding of the scalp, or even the state in which she was discovered.
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