Desire as Violation

Sexual Violence as a Social Crime in Early Modern English Court Records and Literature

Abstract

This paper explores the definition of ‘rape’ as depicted through early modern English court records and literature, arguing that contemporary sources viewed the crime as one of primarily social origin and impact. Both accused perpetrators and alleged victims of sexual violence in this time used social defenses and critiqued the social reputation of their opposition in order to further their case. The court records archives from England’s Old Bailey, formal central criminal court of London – and literature – Shakespeare’s The Rape of Lucrece – under examination provide textual evidence portraying the ways in which social interactions and standings were intertwined with the public’s judgment towards ones propensity to either enact or experience rape.