1,958. The Difference Between an Oneis and a M'fateh

Naarah Besulah 1:2

The difference between a seducer and a rapist is that a seducer has the girl’s consent while a rapist takes her by force. If a man has relations with a woman in a field, we assume that it was a case of rape and proceed accordingly until witnesses testify that she engaged in relations with him voluntarily. If a man has relations with a woman in a city, we assume that it was a case of seduction because she didn’t call for help until witnesses testify that she was forced, such as if he had a weapon and threatened to kill her if she didn’t submit.

Naarah Besulah 1:3

If a girl who was seduced doesn’t want to marry the seducer, or if her father doesn’t want to marry his daughter to this man, or if the seducer doesn’t want to marry her, then he simply pays his fine and departs; he is not compelled to marry her. If they choose to get married, he doesn’t pay the fine. Rather, he writes her a kesubah, the same as would be done for any other girl. If a girl who was raped or her father don’t want her to marry the rapist, that is their right, in which case the rapist pays the fine and departs. If the girl and her father desire the marriage but the rapist doesn’t, he is compelled to marry her in addition to paying the fine, as per Deuteronomy 22:29: “He must take her as his wife.” This is a Torah obligation. He is compelled to marry her even if she is disabled, blind or leprous and he may never divorce her against her will, as the verse continues, “He may not send her away as long as he lives.” This is a Torah prohibition.