In this question, the penalty for seducing or raping a virgin is 50 shekels + pain damage and other torts + mandatory marriage. The bible has 2 verses dealing with raping a virgin but does not talk about non-virgins.

What happens if a man rapes or seduces a non-virgin? Are the penalties different?

Some mentioned that Jewish justice is more restorative than punitive. So a girl losing virginity or her father deserves some compensatory damage. What happens in the case where that damage has already been done? Does he still pay the other damages (pain, mandatory marriage, etc)?

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    If this question didn't already have a good answer I would have deleted it. Because it has an answer, I edited to remove the crude and vulgar language. Watch your language in the future please. – Monica Cellio Jul 26 '19 at 18:23
  • It's kind of hard to analyze things mathematically if we tiptoe around words like "market price". Until today, much confusion is there in interpreting the bible due to euphemism and bowdlerization of scriptures. – user4951 Jul 29 '19 at 11:09

Basically -- there's the added, special, 50-shekel penalty for the specific cases mentioned by the Torah, on top of standard torts. The 50 is not actually the "loss in value", that's separate.

Rambam, Laws of Maidens Ch. 2:

א חמישים כסף של קנס, הם דמי הנאת שכיבה בלבד. וחייב המפתה ליתן בושת ופגם, יתר על הקנס הקצוב בתורה; יתר עליו האונס, שהוא נותן את הצער: שהנבעלת ברצונה, אין לה צער; ואנוסה, יש לה צער--וכן הוא אומר באנוסה "תחת אשר עינה" (דברים כב,כט). [ב] נמצא המפתה משלם שלושה דברים--קנס, ובושת, ופגם; והאונס, ארבעה--קנס, ובושת, ופגם, וצער.

ב [ג] קנס, שווה בכול; אחד הבא על בת כוהן גדול, ואחד הבא על בת גר או ממזרת--קנסה חמישים כסף. אבל הבושת והפגם והצער--אינן שווין בכול, וצריכין שומה.

The 50 shekels of penalty are for the enjoyment alone. The seducer would have to pay for embarrassment and reduced-value, in addition to the penalty fixed by the Torah. The rapist would pay more, to include pain -- as one who consents isn't entitled to pain money, whereas one is raped does, as Deu. 22:29 states -- because he afflicted her. Thus: the seducer pays penalty, embarrassment, and damages; while the rapist pays four: penalty, embarrassment, damages, and pain.

The penalty is the same for all, whether victim was the High Priest's daughter or the daughter of a convert or the product of adultery -- the penalty is fifty shekels. Embarrassment, loss-of-value, and pain vary, and thus must be estimated case-by-case.

Long story short: if you break someone's arm, you have to pay all sorts of tort damages. (Damage [i.e. loss of value], pain, healing, time-off-work, and embarrassment.) The Torah is adding an additional penalty in particular cases of young virgins, payable to the father.

Let's try to take your cases one by one; some of these are spelled out if you keep reading that chapter:

  • Victim is not a virgin: the 50-shekel penalty doesn't apply; nor is there "loss in value"; there remains embarrassment in all cases, plus pain if it was a rape. (Mind you, if there's any trauma then there will be all sorts of bills for that too! But we're assuming for the sake of the argument that there isn't.)

  • Victim is a single adult and was raped: no 50-shekel penalty; she receives all restitution (as her father is no longer her steward). Pain, embarrassment, damage if she was a virgin. (And if there are medical bills or time lost from work -- or say she was a non-virgin divorcee but now the rape is reducing her ability to function -- all that would be tort as well.)

  • Victim is a single, consenting adult: no money. Still prohibited; the rabbis decreed lashes.

Just to conclude -- in most cases today, God forbid, there's going to be some serious healing needed, all of which the assailant must pay. Furthermore, Rambam writes that there may be cases where the courts go beyond strict halacha to prevent society descending into chaos; if a billionaire thinks he can go around raping people and just writing off million-dollar checks afterwards, that's likely a case where the courts would, to use Rambam's language, le'asro bematzor umatzok -- "incarcerate him in dire straits."

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  • That's reasonable. So basically it's still tort. Instead of jailing people like what we do now and give the victim nothing, the Halaca would reward the victim. The amount of damage is not 50 shekels but still can be very significant. – user4951 Jul 26 '19 at 15:51

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