Seduction

As a Tort. At common law, the act of a man in inducing a woman to have unlawful sexual intercourse with him. The use of seductive arts was not essential. The woman herself had no action for damages except in case of a breach of a marriage promise, the only civil remedy being that of her parent, based on loss of services.

89 111. 543; 49 Mich. 540.

By statute in many states, the woman has the right to sue in her own name, but such statutes generally provide that the seduction must be under promise of marriage, or by seductive arts and devices. ^— As a Crime. The crime is statutory, and consists generally in inducing an unmarried female of previous chaste character to submit to sexual intercourse by promise of marriage, or, in some states, by other seductive means. "The exact amount or what kind of seductive art is necessary to establish the offense cannot be defined. Every case must stand on its own peculiar circumstances, together with the condition in life, advantages, age, and intelligence of the parties."

32 Iowa, 262.

The intercourse must be accomplished by artifice and deception, and not by a yielding of the woman from mere lust.

79 Ala. 14.

Where a promise of marriage is required, it need not be valid, if it is believed by the woman to be so.

26 N. Y. 203.

The woman must be induced by the promise to submit. 108 Ind. 406. "No one can contend with any degree of plausibility that a virtuous female can be seduced without any of those arts, wiles, and blandishments so necessary to win the hearts of the weaker sex. To say that such a one was seduced by simply a blunt ofl Fer of wedlock in futuro, in exchange for sexual favors in presenti is an announcement that smacks too much of a bargain and barter, and not enough of betrayal. This is hire or salary, not seduction."

97 Mo. 668.