XII. (72) Some people think that a licensed concubinage is an offence something between seduction and adultery, when the two parties come together, and agree to live as man and wife by a certain agreement, but before the marriage ceremony is completed, some other man meeting with the woman, or forcing her has connection with her; but in my opinion this also is a kind of adultery; for such an agreement as is here mentioned is equivalent to a marriage, for in it the names of the woman and of the man are both registered, and all other things which were to lead to their union; (73) on which account, the law orders both the parties to be stoned if with one and the same mind they agree together to commit adultery; for it is impossible that, unless they both set out with the same intention, they should be looked upon as equal in iniquity, if they and not both sinned in an equal degree; (74) at all events it often happens that the offence is enhanced or diminished, with reference to the difference of place in which it is committed. For, as it seems, such an offence is greater if it be committed in a city, and less it if be committed outside the walls of any city, in a wilderness; for in such a place there is not one to assist the maiden, even though she may have said and done everything, which could conduce to the preservation of her virginity, unattacked and undefiled; but in a city there are halls of council, and courts of justice, and great assemblies of generals, and aediles, and rulers of the markets, and other magistrates; and besides all these there is the people; (75) for there is in the soul of every man, even though he may be a private individual, a feeling which is hostile to iniquity, which, when it is excited, makes the man who cherishes it a champion for the time being, and a spontaneous and voluntary defender of the person who appears to be unjustly treated.
XIII. (76) Therefore justice in every case pursues the man who has committed violence, nor is his iniquity excused by the difference of the place, so that cannot be any plea to defend him from the consequence of his violence and lawlessness; but as I have said before, there will be compassion and pardon for the damsel in the one case, and in the other inexecrable punishment will visit her. (77) And concerning her the judge must examine the matter very carefully, not referring everything to or making everything depend upon the place; for it is possible that a woman may be ravished against her will even in the middle of the city; and on the other hand even if outside the city, she may have voluntarily given herself up to an illicit connection. Wherefore the law, making a very careful and very admirably conceived defence, on behalf of a damsel ravished in the wilderness, says, “for the damsel cried out, and there was no one to help Her;”{5}{#de 22:27.} so that if she neither cried out nor resisted, but willingly consented to her ravisher, she must be looked upon as guilty, having only put forward the fact of the place, as a sophistical excuse to make it appear that she had been ravished. (78) And yet in the city what advantage can her efforts be to a damsel, who is willing to do everything for the sake of preserving her own reputation, but who is unable to succeed by reason of the strength of the man who is assaulting her? for what advantage could she derive from those who live in the same house if he were to bind her with ropes, or to gag her mouth, so that she could not utter even a word; for in some sense she then, although dwelling in a city, is in reality in a wilderness, inasmuch as she is destitute of all protection; but if she be in a wilderness, and yet willingly gives herself up to her ravisher, she is in no different condition from a woman in a city.
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