Abstract
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.
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.
Original language | English |
---|---|
Title of host publication | A companion to Crime and Deviance in the Middle Ages |
Editors | Hannah Skoda |
Publisher | ARC |
Chapter | 20 |
Pages | 342-357 |
Number of pages | 16 |
ISBN (Electronic) | 9781802701098 |
ISBN (Print) | 9781641891813 |
DOIs | |
Publication status | Published - 1 Jun 2023 |
Research Groups and Themes
- Centre for Law and History Research