Legal Definitions - Seduction

In a legal context, seduction historically referred to the act of one person enticing another into sexual intercourse through non-violent means such as promises, flattery, or other forms of persuasion. It specifically excluded situations involving physical force or direct threats. While once considered a crime in many jurisdictions, the legal concept of seduction has largely evolved.

Today, the act of enticing an adult into consensual sexual activity through persuasion is generally not illegal. However, if the person being enticed is unable to give legal consent—for example, if they are a minor, incapacitated by drugs or alcohol, or otherwise legally vulnerable—then such an act would fall under different, serious criminal offenses like sexual assault or statutory rape, which focus on the absence of valid consent rather than merely the method of enticement.

Here are some examples to illustrate the concept:

• Historical Context (when it was a crime): Imagine a scenario in the early 20th century where a wealthy businessman repeatedly promised a young woman a secure future, a comfortable home, and a prominent social position if she would agree to a sexual relationship with him. She eventually acquiesced, swayed by his persistent promises and her desire for financial stability, not by any physical force.

  This situation would have historically been considered seduction because the businessman used significant promises and persuasion to entice the woman into sexual intercourse, without resorting to violence. The law at the time aimed to protect individuals, particularly women, from being exploited through such non-violent enticements.

• Modern Context (not a crime for consenting adults): Consider two adults, both over the age of consent and fully capable of making their own decisions, who meet at a social event. One person uses charming conversation, sincere compliments, and expresses a strong desire for a romantic and sexual relationship, eventually persuading the other to engage in consensual sexual activity.

  In this modern scenario, the act would not be considered a crime of seduction. While persuasion and flattery were used, both individuals were consenting adults. Current law focuses on the presence of valid consent, meaning that if both parties freely and knowingly agree, the method of persuasion itself is not criminal.

• Modern Context (criminal under other statutes due to lack of consent): Suppose a person at a party observes another individual who is visibly heavily intoxicated and struggling to maintain awareness. The first person then uses flattering words and promises of a "special connection" to convince the intoxicated individual to leave the party and engage in sexual activity, knowing full well the intoxicated person is not in a state to give clear consent.

  Although persuasion and flattery are involved, this act would not be prosecuted as "seduction" today. Instead, it would likely be charged as sexual assault or rape. The critical element here is the intoxicated individual's inability to provide valid consent, which makes the act a serious criminal offense, regardless of the non-violent method of enticement.