Re: rape and incest in 17th cent

Dave Postles (pot@leicester.ac.uk)
Mon, 9 Jan 1995 07:29:38 +0000

On Fri, 6 Jan 1995, Susan Amussen wrote:

> The Irish indictment described by Dorothy Africa probably refers to the
> original meaning of rape (raptus) in English common law - abduction and
> illegal marriage; though by the 18th C the two meanings coexisted. This
> double meaning, needless to say, creates confusion for us!

Such an abduction was often an attempt to get control of an heiress - the
rape was 'necessary', since it made it impossible to annul the marriage
subsequently. It didn't always work, however - an early convict in New
South Wales, Sir Henry Hayes, was transported for abducting an heiress
(and her 20,000 pounds), and 'abduction of an heiress' was a specific
crime.

Marion Diamond, History Department
University of Queensland, Brisbane, Australia, 4072
Ph: 61 7 365 6334; Fax:61 7 365 6266; med@lingua.cltr.uq.oz.au