Seduce
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
To procure unlawful sexual intercourse by persuasion, overcoming the natural scruples of a chaste character; to debauch by means of solicitations. Seduction: the wrong (in some jurisdictions a crime) of inducing a female to consent to unlawful sexual intercourse by enticements and persuasions, overcoming her reluctance and scruples. mit unlawful sexual intercourse with him." But this seems to include the ordinary request of a man to a prostitute, or of a paramour to his mistress. To constitute seduction, there should be, not previous virginity, perhaps not even entire purity of life, unless as a statute may require " previous chaste chai-acter," but some virtue opposing the request, some moral objection or reluctance on the part of the woman, overborne by excitements and persuasions, and urging. On the other hand, the words do not include intercourse obtained by force or fear, and against consent, which is rape. The principle volenti non Jit injuria has always been considered to forbid the woman seduced to maintain an action, directly, for damages; and, at common law, seduction was not esteemed punishable as a crime. A husband may, however, upon wellsettled principles, maintain an action for damages for the seduction of his wife. This action, and the wrong on which it is founded, is more frequently called criminal conversation. And if the female seduced is under any relation in which she owes service, as the case of a minor daughter to her father, and the value of the service is (in the least) diminished by the seduction, this scintilla of legal injury will sustain an action by the parent or other master, suing in the character of an employer who has lost the service of his servant through defendant's tort; and in this action the jury may give exemplary damages. By this fiction, a substantial redress for seduction, considered as a civil wrong, is often reached. And in several of the states, seduction of a female of previous chaste character is made a punishable offence. So, enactments of congress have made the seduction of female emigrants on board ship, by those in charge of the vessel, punishable. The word seduce, when used with reference to the conduct of a man toward a woman, has a precise and determinate signification, and ex vi termini implies the commission of fornication. An information for the crime of seduction need not charge the Seduce implies an act of fornication or adultery. Commonwealth ».
Dorus, 108 Mass. 488.
A man who obtains carnal intercourse with a woman solely by means of his promise of marriage, made to her at the time, and without which she would not have yielded to his desires, is guilty of the statutory crime of seduction. And where defendant obtained intercourse with a woman on his promise of marriage; the intercourse was afterwards broken off, and then again renewed solely on the ground of his renewed promise of marriage; the woman appeared otherwise to have always led a chaste life, — it was held that the man might be prosecuted for seduction at any time within one year of such last intercourse.
People V. Millspaugh, 11 Mich. 278.