2,023. One Who Was Coerced

Hilchos Issurei Biah 1:9

One who was coerced to engage in prohibited relations isn’t liable at all, neither for lashes nor to bring an offering, and certainly not for execution. This is inferred from Deuteronomy 22:26, “Do not do anything to the maiden.” This applies to a victim of rape. When a man engages in intimacy, there is no concept of “against his will,” an erection being considered willful. If a woman is initially compelled into relations and she subsequently consents, she is not liable. Once a man forces her to engage in intimacy, it is outside her control whether she comes to desire it.

Hilchos Issurei Biah 1:10

A man who inserts the tip is referred to as one who “uncovers” as in Leviticus 20:18, “He uncovered her source.” One who inserts the entire organ is referred to as one who completes the act. When it comes to all of the prohibited relationships in the Torah, one who uncovers and one who completes are both liable for execution, excision, lashes and stripes for acting rebelliously. Even if the man doesn’t ejaculate, even if he withdrew and didn’t finish, both participants are still liable. Regardless of whether a person engages in regular (i.e., vaginal) or “irregular” intimacy, once the man “uncovers,” both participants become liable for execution, excision, lashes and stripes for acting rebelliously. Regardless of whether they were lying or standing, they become liable through the insertion of the tip.