Module 4
Statutory Constraints

Property Theory

The property theory was rooted in Biblical and Roman law. Under this theory, women were the property of men. Rape was not an offense against the woman herself but against the man who owned her. Rape of an unmarried woman was an offense against her father. Rape of a married woman was an offense against her husband. A husband could not be charged with raping his wife because she was his chattel, to do with as he saw fit.

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