Stuprum


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STUPRUM, civ. law. The criminal sexual intercourse which took place between a man and a single woman, maid or widow, who before lived honestly. Inst. 4, 18, 4; Dig. 48, 5, 6; Id. 50, 16, 101; 1 Bouv. Inst. Theolo. ps. 3, quaest. 2, art. 2, p. 252.

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With a history dating back millennia to Hellenist paederastia and Roman stuprum, (6) the phallus has invariably signified masculinity in the Western imago.
The significance of legally recognized unions in moral legislation was underscored by the legal definition of stuprum and its consequences under law where, the unsanctioned sexual conduct of unmarried women and widows was punished.
The Decretum includes a specific reference to the sexual violation of boys, probably meaning young adolescents, covered under the heading De Stuprum Pueri.
14) For example: '"[r]ecourse should only be had to the infliction of pain on slaves when the criminal is [already] suspect, and is brought so close to being proved [guilty] by other evidence that the confession of his slaves appears to be the only thing lacking'" (Ulpian); (15) "[a] person who has made a confession on his own account shall not be tortured in a capital case affecting others" (Modestinus); (16) "in a case of stuprum [(unchastity)], slaves are not [to be] tortured [to give evidence] against their master" (Papinian); (17) interrogations under torture were not to be requested in every case, but only if a capital or more serious crime could not be vindicated and investigated in any way other than by torturing slaves (Paul).