על החוקים לפרטיהם, ספר ג י״גOn the Special Laws, Book III 13
א׳
1[76] As for the man who perpetrated the violation, justice pursues him everywhere, and difference of situation lends him no help to make good his outrageous and lawless conduct. It is not so with the girl. In the one case pity and forgiveness attend her, as I have said, in the other inexorable punishment.
ב׳
2[77] And indeed her position demands careful inquiry from the judge who must not make everything turn upon the scene of the act. For she may have been forced against her will in the heart of the city, and she may have surrendered voluntarily to unlawful embraces outside the city. And therefore the law in defending the case of a woman deflowered in a solitude is careful to add the very excellent proviso: “The damsel cried out and there was none to help her;” so that if she neither cried out nor resisted but co-operated willingly, she will be found guilty, and her use of the place as an excuse is merely a device to make it seem that she was forced.
ג׳
3[78] Again what help would be available in the city to one who was willing to use all possible means to protect her personal honour, but was unable to do so because of the strength which the ravisher could bring to bear? If he should bind her with the help of others and gag her mouth so that she could not utter a sound, what help could she get from the neighbours? In a sense such a one, though living in a city, is in a solitude, being solitary so far as helpers are concerned. The other, even if no one was present to help, may be said, in view of her willing cooperation, to be in exactly the same position as the offender in the town.