Legal Definitions - de raptu virginum

De raptu virginum

De raptu virginum refers to a historical legal writ, which was a formal written order issued by a court. This specific writ was used in past legal systems, particularly in medieval England, to initiate an appeal in cases concerning the sexual assault or "ravishment" of virgins. It served as the procedural mechanism to challenge a court's decision in such serious matters, allowing a case to be reviewed by a higher judicial authority.

• Example 1: In a 14th-century English county, a young woman, whose virginity was legally recognized, accused a powerful local landowner's son of assault. The local manor court, perhaps swayed by the landowner's influence, found the son not guilty. The woman's family, seeking justice and believing the verdict to be unfair, would have needed to obtain a de raptu virginum writ to bring the case before a higher royal court for a fresh review or appeal.

  This example illustrates how the writ was the necessary legal instrument to challenge an initial, unfavorable judgment in a sexual assault case involving a virgin, allowing the aggrieved party to seek redress from a superior court.

• Example 2: Imagine a scenario where a man was convicted of the "ravishment" of a virgin by a county court. However, he believed that the trial was conducted improperly, or that crucial evidence was overlooked, leading to an unjust conviction. To challenge this verdict and seek a new trial or an acquittal from a higher judicial body, he would have had to petition for a de raptu virginum writ, which would formally initiate the appeal process.

  Here, the writ demonstrates its function as the formal means for either party (though historically more often used by the victim's side or their family) to appeal a conviction or judgment in a case of sexual assault against a virgin, seeking review by a higher court.

• Example 3: During a period of social unrest, a young woman was abducted from her home and subsequently assaulted. The local sheriff's court, due to its limited jurisdiction or perhaps corruption, failed to adequately prosecute the perpetrators or provide any form of justice for the victim. Her family, determined to see the assailants punished and to restore the woman's honor, would have sought a de raptu virginum writ from a royal court. This writ would compel the higher court to take jurisdiction over the case and review the previous proceedings, potentially leading to a more thorough investigation and a just outcome.

  This scenario highlights the writ's role in providing a pathway for appeal and intervention by a higher authority when local justice systems failed in cases involving the abduction and assault of virgins, ensuring that serious offenses could be brought before a more powerful and potentially impartial court.