Raptio

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Raptio , also Germanized Raptus (from Latin raptio 'kidnapping'), traditionally referred to as "woman robbery", is a name for an obstacle to marriage that, according to Codex Iuris Canonici, arises from the violent kidnapping of a woman who is to be forced into marriage. The impediment to marriage arises when the woman (rapta) is forcibly kidnapped or at least imprisoned in order to induce her to marry a certain partner, regardless of whether the possible partner or a third party is the kidnapper (raptor) and whether the woman is would have entered into marriage of their own free will. A marriage between the abducted woman and this man can only be valid if the woman chooses the marriage separately from the abductor in a safe and free place.

Based on Roman law, the Council of Trento laid down a corresponding provision in the 24th session:

"Decernit sancta Synodus, inter raptorem et raptam, quamdiu ipsa in potestate raptoris manserit, nullum posse consistere matrimonium Quod si rapta a raptore separata, et in loco tuto et libero constituta, illum in virum habere consenserit, eam raptor in uxorem habeat; et nihilominus raptor ipse, ac omnes illi consiliu, auxilium et favorem praebentes, sint ipso iure exommunicati, ac perpetuo infames, omniumque dignitatum incapaces; et si clerici fuerint, de proprio gradu decidant. Teneatur praeterea raptor mulierem raptam, sive eam uxorem duxerit, sive non duxerit, decenter arbitrio judicis dotare. "

“The Holy Council of Churches decides that there can be no marriage between a robber and the robbed as long as the robber remains in the power of the robber. But if the stolen woman, separated from the robber and brought to his safe and free place, then agrees to have him as her husband, the robber can have her as his wife. Nevertheless, the robber himself and all who gave him advice, help and encouragement should be excommunicated by law and forever dishonorable and incapable of all dignity, and if they are clergy, fall from their own rank. In addition, the robber is required to furnish the stolen woman, whether he married her or not, according to the judge's opinion. "

This impediment to marriage does not arise if a man were abducted for the purpose of entering into marriage. However, this does not mean that a man could be forced into marriage through abduction: in such a case there would be no impediment to marriage, but no marriage consensus could be reached due to coercion or fear .

Individual evidence

  1. / can. 1089 of the Codex Iuris Canonici, 1983
  2. Sess. 24, cap. 6, quoted in J. Weber, The canonical marriage obstacles, together with divorce and marriage process , 4th edition, J. Weber, Herder, Freiburg, 1886