e whosoever
steals a thing he is bound to restore it. Nevertheless rape does not
dissolve a marriage already contracted, although it is an impediment
to its being contracted. As to the decree of the council in question,
it was made in abhorrence of this crime, and has been abrogated.
Wherefore Jerome [*The quotation is from Can. Tria. xxxvi, qu. 2]
declares the contrary: "Three kinds of lawful marriage," says he,
"are mentioned in Holy Writ. The first is that of a chaste maiden
given away lawfully in her maidenhood to a man. The second is when a
man finds a maiden in the city, and by force has carnal knowledge of
her. If the father be willing, the man shall endow her according to
the father's estimate, and shall pay the price of her purity [*Cf.
Deut. 22:23-29]. The third is, when the maiden is taken away from
such a man, and is given to another at the father's will."

We may also take this decree to refer to those who are promised to
others in marriage, especially if the betrothal be expressed by words
in the present tense.

Reply Obj. 4: The man who is just married has, in virtue of the
betrothal, a certain right in her: wherefore, although he sins by
using violence, he is not guilty of the crime of rape. Hence Pope
Gelasius says [*Can. Lex illa, xxvii, qu. 2; xxxvi, qu. 1]: "This law
of bygone rulers stated that rape was committed when a maiden, with
regard to whose marriage nothing had so far been decided, was taken
away by force."
_______________________

EIGHTH ARTICLE [II-II, Q. 154, Art. 8]

Whether Adultery Is Determinate Species of Lust, Distinct from the
Other Species?

Objection 1: It would seem that adultery is not a determinate species
of lust, distinct from the other species. For adultery takes its name
from a man having intercourse "with a woman who is not his own [ad
alteram]," according to a gloss [*St. Augustine: Serm. li, 13 de
Divers. lxiii] on Ex. 20:14. Now a woman who is not one's own may be
of various conditions, namely either a virgin, or under her father's
care, or a harlot, or of any other description. Therefore it seems
that adultery is not a species of lust distinct from the others.

Obj. 2: Further, Jerome says [*Contra Jovin. i]: "It matters not for
what reason a man behaves as one demented. Hence Sixtus the
Pythagorean says in his Maxims: He that is insatiable of his wife is
an adulterer," and in like manner one who is over enamored of any
woman. Now every kind of lust includes