Punisment for slave rape

Mar 2015
889
Europe
Of course, in practice if not law, masters could rape their own slaves with impunity. Or let other men do it.

But what happened when the master did object?

Englishmen, including in Americas, did like common law and recourse to courts and lawsuits.

If a free white man was sued by a master of a black female for forcibly raping the slave, what were the legally permitted consequences for the rapist in case of conviction? What were the practically common ones?
 

johnincornwall

Ad Honorem
Nov 2010
7,872
Cornwall
I'm fairly certain it wasn't compulsory to rape slaves. There are bad people and there are good people.
 
Oct 2017
382
America ??
Also, what about rape among slaves?
Just like how there were both good & bad whites, there too must’ve been both good & bad slaves.
 
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janusdviveidis

Ad Honorem
Mar 2014
2,009
Lithuania
If I remember things correctly in order for black slave win in court over white person he must have white witness. So unless white master had some kinky desires (other people watch him play with slave girls ) there could be no successful case.
In case of Rome, to rape a slave was impossibility, because slave didn't have right to refuse sex.
 
Mar 2015
889
Europe
If I remember things correctly in order for black slave win in court over white person he must have white witness. So unless white master had some kinky desires (other people watch him play with slave girls ) there could be no successful case.
In case of Rome, to rape a slave was impossibility, because slave didn't have right to refuse sex.
What if it was material goods that was robbed or broken?
White victim/owner, white perpetrator, the only witness a slave, and the perpetrator knew it. What was a black slave supposed to do if he or she caught a white thief red-handed on his or her master's property, with no other whites present?
 

betgo

Ad Honorem
Jul 2011
6,530
There were some convictions for murder or manslaughter for killing slaves. As far as I know, there were no prosecutions for raping slaves by their owners or anyone else. If a slave raped a slave, the master or overseer could whip him, but it wasn't a criminal matter.
 

betgo

Ad Honorem
Jul 2011
6,530
What if it was material goods that was robbed or broken?
White victim/owner, white perpetrator, the only witness a slave, and the perpetrator knew it. What was a black slave supposed to do if he or she caught a white thief red-handed on his or her master's property, with no other whites present?
The slaves could catch the thief, but they couldn't testify against him in court.
 

Chlodio

Forum Staff
Aug 2016
4,780
Dispargum
If the white rapist damaged the slave, reducing her productive capacity, the owner could probably sue the rapist for property damage and the financial loss incurred. The only criminal case I can see is for something like vandalism - destruction of property. In either case, the victim is the slave's owner, not the slave.
 
Mar 2015
889
Europe
As far as I know, there were no prosecutions for raping slaves by their owners or anyone else. If a slave raped a slave, the master or overseer could whip him, but it wasn't a criminal matter.
Was it a civil matter?

If a slave of one master raped a slave owned by another master, which master/master´s overseer was authorized to whip the rapist? The victim´s master catching the rapist in flagranti, or the rapist´s master?

Could a slaveowner be sued for civil damages caused by crimes committed by his slave?
 
Sep 2012
1,181
Tarkington, Texas
I used to go visit my Grandmother's sister when I was young. She lived in the Cotton Belt of Northeast Louisiana just off the Mississippi. Her youngest boy (cousin) once told me that if I ever wanted some Black girl, all I had to do was go by and wave a ten dollar bill. He then paused and said it took a LONG time to earn ten dollars picking cotton.

Slaves could be put on trial for crime but most times it was handled on the farm. Slaves could not legally testify in court. On some farms the Slave children often resembled the Master. Some Slave women were even married by the Master. PBS Pinchback had a Slave Mother and a White Farmer Father. He was born in Mississippi. He was sent to Ohio for schooling and stayed there until he was old enough to find work on riverboats. He worked his way up to purchasing agent and went ashore at each stop to buy food and other necessities. After the War he became a power in Republican Politics in New Orleans.

Pruitt