Rape in Medieval England: A Legal History, 1272-1307 Pubblico

Abstract

This thesis explores the legal history of rape prosecutions in thirteenth and fourteenth

century England. Section I explicates the apparent paradox between chapter 34 of the

Statute of Westminster II's classification of rape as the most serious type of crime known

to English law and the numerous difficulties that women faced when prosecuting men for

rape under its stipulations. Section II shows that Edward was partially responsible for

chapter 34 of Westminster II's failure to facilitate royal court prosecutions because

Edward never intended to protect his female citizens through rape legislation. Thus,

royal judges were able to disregard Edward's rape laws and acquit rapists with impunity.

Section III establishes that Edward was also partially responsible for Westminster II's

inability to prevent local court jurors from ignoring the stipulations of chapter 34 because

Edward did not enact safeguards to thwart jurors' attempts to discriminate against rape

victims. Section IV demonstrates that because of misogynistic cultural influences,

thirteenth and fourteenth century local court jurors discriminated against rape victims.

Section V explains how male jurors assembled procedural barriers such as virginity tests

and rigorous pre-trial processes as a way of deterring rape victims from appealing the

men who raped them and destroying the cases of women who tried to prosecute men for

rape. Hence, local court jurors were also responsible for the difficulties that women

faced when attempting to prosecute men for rape. Section VI shows that male jurors

deterred women from appealing men of rape and dismissed rape cases by citing

plaintiffs' occupations or reputations to convict plaintiffs of false appeal. Finally, this

thesis concludes that jurors' treatment of female plaintiffs provides a lens through which

the position of women in medieval English society can be understood. Moreover, this

thesis argues that men discriminated against rape victims because many men were

resistant to the anomalous idea that women could prosecute men for rape. Thus, when

Edward I granted women the right to do so, men systematically eliminated women's

abilities to appeal men of rape by actively subjugating women in rape prosecutions.

Table of Contents

INTRODUCTION…………………… ………………...…………………………….1

I…………………………………………………………………………………...………..8

II……………………………………………………………………………………..…...20

III…………………………………………………………………………………………..36

IV…………………………………………………………………………………..……..42

V…………………………………………………………………………………………...54

VI………………………………………………………………………………………....60

CONCLUSION……………………………………………………………………..….71

APPENDIX………………………………………………………………………………74

BIBLIOGRAPHY……………………………………………………...76

About this Honors Thesis

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School	Emory College
Department	History
Degree	MA
Submission	Honors Thesis
Language	English
Research Field	Law History, European History, Medieval
Parola chiave	Medieval Rape England
Committee Chair / Thesis Advisor	White, Stephen, Emory University
Committee Members	Marcus, Frederick R, Emory University

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