"El delito de estupro en los albores de la codificación penal española". M. José Collantes. 3/7/25.

Introduction to the Meeting

Welcome and Introduction of María José Collantes de Terán de la Era

• The meeting begins with a warm welcome to attendees, highlighting the presence of María José Collantes de Terán de la Era, an esteemed guest from the International Institute of Indian Law History.

• María José is introduced as a law graduate from the University of Seville and holds a doctorate from the University of Cádiz, recognized for her outstanding thesis.

• Currently, she teaches at Pablo de Olavide University in Seville, focusing on various research areas including marriage economics and 19th-century justice administration.

• She has collaborated on numerous research projects across several Spanish universities and has published extensively in her field.

• The speaker expresses gratitude for her participation and notes that meetings have transitioned from pandemic times to regular schedules.

Discussion on Criminal Law

Overview of Presentation Topic

• María José's presentation focuses on "The Crime of Stupro at the Dawn of Spanish Penal Codification," emphasizing historical legal frameworks prior to formal codification.

Key Insights into Legal Framework Pre-Codification

• Until the 19th century, law was not the sole source of criminal law; legal literature and judicial style played significant roles in shaping legal interpretations.

• Judges had considerable freedom to deviate from established laws due to a lack of obligation to justify their sentences, leading to varied applications of justice.

• The mechanisms for holding judges accountable were inadequate, often leaving litigants waiting long periods for resolution without guarantees.

Historical Context and Documentation Issues

• Fundamental texts underpinning criminal law until the 16th century included medieval documents like "Fuero Real" and "Partidas," which saw minimal updates over time.

• There was a general acceptance among legislators regarding existing social realities rather than efforts toward legal reform or modernization.

Understanding the Legal Concept of Estupro

The Importance of Context in Legal Classification

• A rigorous study of circumstances reflected in documents is essential for assessing the penal classification of behaviors like estupro.

• The term "estupro" has been used variably across legal, doctrinal, and judicial contexts, necessitating a comprehensive understanding.

Historical Perspectives on Estupro

• Historically, estupro was more associated with sin and lust than crime, traditionally categorized under offenses against sexual morality.

• There was confusion between crimes and sins; purists from the 18th and 19th centuries recognized the challenges in regulating issues straddling criminal and religious spheres.

Societal Norms Affecting Women

• In modern times, sexual relations were deemed acceptable only within marriage for procreation; any deviation was considered illegal or sinful.

• Women's virginity was paramount; they were expected to maintain chastity until marriage to avoid social stigma and loss of marital prospects.

Elements Defining Estupro

• Two essential elements defining estupro throughout history are honesty (virginity) and deception (seduction). These elements have evolved but remain central to its legal interpretation.

• Initially broad in scope, the legal definition of estupro narrowed over time to specifically refer to illegal sexual unions involving seduction of honest women.

Legal Framework Surrounding Estupro

• The first precise legal codification of estupro appeared in Spain's "Partidas," although it did not explicitly use that term at first. The concept included requirements such as engaging with virgins or widows living honorably.

• Seduction or deception is a critical factor distinguishing estupro from simple fornication; both elements are crucial for jurists when defining this offense historically.

Understanding the Concept of Stupro

The Role of Virginity in Marriage

• Women defended their virginity not just for honor but as a symbolic condition for traditional access to marriage, especially among lower classes.

• Virginity was often the only asset women could offer due to lack of dowry, making it crucial for securing a future husband.

Distinction Between Stupro and Other Sexual Crimes

• The primary element of stupro is deception, which differentiates it from other sexual assaults; it involves misleading a woman's will to achieve sexual intercourse.

• Common deceptions included promises of marriage or financial compensation, leading women to believe they were entering into legitimate relationships.

Consequences of Deception

• Women often consented to sexual relations under false pretenses, believing they were engaged or would receive support for potential pregnancies.

• The active perpetrators aimed to remove women's hesitations about premarital sex by offering false assurances regarding marriage or economic support.

Violence and Its Implications

• When deception failed, violence sometimes ensued; this raised questions about whether such acts constituted stupro or outright rape.

• Initially, there was confusion between stupro and rape, but over time legal definitions evolved to emphasize seduction as a defining factor.

Legal Perspectives on Stupro

• Historical judicial practices varied significantly in addressing stupro; clarity emerged through criminal processes rather than uniform opinions.

• Violent stupro involved manipulating a woman's will through deceit until physical force became necessary when seduction failed.

Social Stigma and Reporting Issues

• Victims often refrained from reporting violent acts due to shame and fear of social ostracism linked with loss of virginity.

• The societal pressure surrounding virginity meant that victims faced lifelong consequences if they were assaulted, leading many to suppress their experiences.

Evolving Legal Penalties

• Historical penalties for perpetrators varied based on their social standing; harsher punishments were imposed on those deemed dishonorable.

• Over time, societal attitudes shifted towards mitigating penalties for stupro offenses during the Modern Age, reflecting changing views on justice and morality.

Legal Consequences of Estupro

Canonical Law and Punishments for Estupradores

• The practice under canonical law mandated that an estuprador (rapist) could be condemned to marry the victim or adopt her, recognizing any offspring.

• If the estuprador was unable to marry due to existing circumstances or lack of means, penalties included imprisonment, exile, or other varying degrees of punishment.

• The dote (dowry) amount was determined by a judge based on the conditions of both parties involved; it served as a penalty for the crime rather than a traditional dowry.

• This system aimed to legitimize sexual conduct within marriage while providing financial compensation to the victim for damages incurred.

• Imprisonment was also imposed on the estuprador to compel marriage with the victim, serving both coercive and preventive purposes.

Ineffectiveness and Exploitation of Legal Framework

• Victims often sought justice through these legal avenues, especially when pregnant; however, many regulations proved inadequate in practice.

• Some women exploited this legal framework for economic gain by falsely accusing inexperienced young men, leading to numerous cases where justice was manipulated.

• Women lacking dowries increasingly resorted to these tactics as they faced diminishing marriage prospects, successfully leveraging their claims in court.

• Accusations often arose at the end of relationships when abandonment occurred; processes typically began following pregnancy confirmation.

Judicial Process and Challenges Faced by Victims

• The judicial process required sworn statements from victims but often overlooked their suffering; focus remained on deceit related to promises of marriage rather than physical violence endured.

• Women's testimonies had to detail specific incidents including identity of the estuprador and circumstances surrounding each occurrence without considering emotional trauma suffered.

• Victims were compelled to demonstrate their moral standing and prior virginity during testimonies; many were from lower social classes and lacked education.

• Proof of estupro relied heavily on examinations by two midwives who assessed signs of virginity loss or pregnancy but faced challenges in establishing clear evidence.

Issues with Evidence Collection

• The burden of proof rested on victims claiming estupro; midwives' assessments were subjective and sometimes led to accusations against them regarding their methods being invasive.

• In cases involving pregnancy, securing fetal safety became paramount alongside punishing the estuprador; women were often placed under parental care during proceedings.

Legal Perspectives on the Crime of Stupro

Overview of Judicial Processes and Sentencing

• The judicial processes often highlighted flaws in opposing arguments while focusing on witnessed facts related to the crime. Many cases lacked sentencing, likely due to extrajudicial agreements involving financial reparations.

• In cases that did result in sentences, violence was neither an aggravating nor mitigating factor, leading to similar case outcomes characterized by a focus on victim status and deception experienced.

Shifts in Legal Interpretation

• By the late 18th century, judges began viewing the crime of estupro differently. Meléndez Valdés exemplified this shift, expressing disagreement with existing legal definitions and applications regarding estupro.

• In a 1795 legal report, Meléndez Valdés opposed not only the prosecution of offenders but also maintaining the current definition of estupro. He noted various perversions associated with how culpability was assigned solely to one party.

Proposed Reforms by Meléndez Valdés

• Meléndez Valdés suggested modifications to the law surrounding estupro, advocating for changes such as not imprisoning offenders. His most concrete proposal involved establishing an age limit for victims.

• He argued that women over 25 could be considered complicit if they claimed seduction without violence, indicating a societal view where women were expected to navigate social dynamics responsibly.

Cultural Changes in Legal Framework

• This perspective from Menéndez Valdés reflects significant cultural shifts within legal thought at the end of the old regime. These changes would influence future Spanish penal codes concerning estupro in the 19th and 20th centuries.

Discussion and Engagement Following Presentation

Transition to Q&A Session

• After concluding her presentation, Dr. Collantes invited participants to rejoin for a discussion session using the same link provided earlier.

Observations on Audience Dynamics

• A participant noted perceived discrimination during presentations by Spanish speakers, highlighting that their compatriots tended to attend more consistently compared to other presenters' audiences.

Introduction of Participants

• Salvador introduced himself as a law graduate and doctoral candidate from Alicante University while expressing appreciation for Dr. María José's presentation and book he had recently started reading.

Reflections on Legal Concepts Discussed

Insights into Legal Terminology

• Salvador shared his enthusiasm about Dr. María José's work after receiving her book coincidentally just before attending this session; he expressed eagerness despite not finishing it yet.

• He raised questions about elements defining crimes like stupro—specifically honesty versus seduction—and referenced historical legal interpretations regarding these terms found within her book.

Clarification on Seduction vs. Deception

• Salvador discussed how seduction is often conflated with deception in legal contexts but emphasized that genuine affection should not involve deceitful intentions when pursuing romantic interests.

This structured summary captures key discussions from the transcript while providing timestamps for easy reference back to specific points made during the presentation and subsequent dialogue.

Exploring Young Love and Its Consequences

The Nature of Young Relationships

• Discussion on the idealized first romantic relationships among youth, emphasizing intimacy driven by genuine connection rather than lust.

• Introduction of parental involvement due to potential consequences like pregnancy, highlighting societal expectations surrounding young love.

Legal and Social Implications

• Examination of "estupro," where men may use deceit (e.g., false marriage promises) to manipulate women into intimacy.

• Noted that parents often initiate legal action in cases of pregnancy, aiming for marriage as a solution to preserve family honor.

Economic Considerations in Relationships

• Insight into how financial compensation (dowry) was often preferred over marriage itself, leading to unhappy unions.

• Observations on lower social classes leveraging such situations to ascend socially through strategic relationships.

Gender Dynamics and Manipulation

• Discussion on women's roles in these dynamics, with some using their charm to elevate their social status through relationships with younger men.

• Cases where parents encourage daughters to engage with naive young men for potential upward mobility, reflecting societal pressures.

Judicial Outcomes and Gender Inequality

• Highlighting instances where women face legal repercussions despite being the instigators in some cases; contrasting outcomes based on gender.

• Mention of political figures' influence leading to unjust outcomes for women involved in such scenarios, resulting in severe consequences for them.

Historical Context and Literature Influence

• Transition into discussing historical sources influencing legal perspectives from various authors across centuries regarding these issues.

• Acknowledgment of significant literary contributions from the 15th to 19th centuries that shaped understanding around these topics.

This structured summary encapsulates key discussions from the transcript while providing timestamps for easy reference.

Judicial Perspectives on Stupro and Legal Definitions

The Role of Judicial Authorities in the 16th Century

• Discussion highlights the significance of judicial authorities during the 16th century, emphasizing their impact on legal proceedings.

Repeated Claims and Their Implications

• Inquiry into whether repeated claims of stupro by a victim or family are seen as mitigating factors for the offender's punishment.

• It is noted that multiple claims from the same individual or family may negatively influence judicial perception, suggesting potential misuse of the legal system for financial gain or social status.

Theological Insights vs. Legal Framework

• Mention of moral theologians addressing stupro, although the speaker prefers focusing on legal aspects rather than theological discussions.

• Reference to a book by Professor Garcia Marín that explores theological doctrines related to abortion and similar issues, indicating a rich intersection between criminal law and religious perspectives.

Historical Context of Legal Terminology

• Clarification that while crimes are described in historical texts, specific terms like "stupro" were not formally defined until later legal documents, such as Montalvo's ordinances from 1484.

Closing Remarks and Future Engagements

• Acknowledgment of gratitude towards María José for her insightful presentation; anticipation for future discussions scheduled for next week regarding Dr. Dirk Herbout’s book.

• Announcement about an upcoming presentation concerning Brazilian judicial history, highlighting ongoing academic engagement within this field.

• Emphasis on utilizing recorded sessions for educational purposes, enhancing learning opportunities through available resources.