Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-19T12:26:54.929Z Has data issue: false hasContentIssue false

Rape and Law in Medieval Western Europe

Published online by Cambridge University Press:  14 February 2024

Hannah Skoda
Affiliation:
University of Oxford
Get access

Summary

A 1287 ENGLISH plea roll entry records a rape prosecution brought by Idonea, daughter of Geoffrey le Chesemongere, against Master John de Windsor. It alleges that John had taken Idonea into a house, pushed her to the ground, and raped her of her virginity. Further details are given: violence and physical injuries are outlined, and it is noted that he had left her as if dead, fleeing straight afterwards. Locations are set out with care, and physical movements described, down to the level of which of John's hands was used to lead Idonea away to the scene of the rape. Each action is labelled felonious, and the insult to the king, and damage to his peace, are emphasized. The misconduct is stated to have been “forcible and against [Idonea’s] will.” We are informed that, as soon as Idonea could get up, she raised the hue and cry, and brought her appeal (an individually-initiated prosecution). The roll notes that John denied the accusation, as well as pointing out specific flaws relating to a difference in the dates in Idonea's accounts, and the fact that there had been no allegation that Idonea had been made to bleed. For one of these reasons, the appeal failed, but this did not end the investigation: an inquiry was conducted in the king's name, and John was found guilty. He was ordered to be imprisoned until he paid compensation to Idonea and a fine to the king.

Laws against rape existed throughout medieval western Europe, enabling some individuals or communities to bring to trial those accused of such misconduct. “Medieval European rape law,” building on earlier legal traditions, and incorporating contemporary concerns, comprised a set of possible constructions of sexual misconduct and appropriate responses to it, between which authorities and those deciding individual cases might choose. Pronouncements and action against rape and rapists evinced conceptions of such misconduct as disruptive of public order and royal authority, as harmful and shaming to the victim and, sometimes, to her male kin. Responses included pronouncement and imposition of capital or mutilatory punishment, but also tolerance of settlement and compensation.

This chapter will explore the part played by law in defining and labelling as deviant certain sexual misbehaviour, and in determining appropriate responses to it.

Type
Chapter
Information
Publisher: Amsterdam University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×