The Torah says the following about a man who rapes a woman (Deuteronomy 22:29).

וְ֠נָתַן הָאִ֨ישׁ הַשֹּׁכֵ֥ב עִמָּ֛הּ לַאֲבִ֥י הנער [הַֽנַּעֲרָ֖ה] חֲמִשִּׁ֣ים כָּ֑סֶף וְלֽוֹ־תִהְיֶ֣ה לְאִשָּׁ֗ה תַּ֚חַת אֲשֶׁ֣ר עִנָּ֔הּ לֹא־יוּכַ֥ל שַׁלְּחָ֖ה כָּל־יָמָֽיו׃ (ס) ‏

the man who lay with her shall pay the girl’s father fifty [shekels of] silver, and she shall be his wife. Because he has violated her, he can never have the right to divorce her.

The punishment is monetary compensation, a mitzvah to marry her, and a prohibition from divorcing her. The monetary compensation is a fine, which requires witnesses to impose. So if someone came to Beis Din and says he raped a woman, he'd be exempt from paying (see Kesubos 3:9).

I'm wondering however if the mitzvos on a rapist apply. For example, she wants to marry him but he's not interested, does Beis Din now force him to marry her (as they do with anyone who refuses to fulfill a mitzvah, see Kesubos 86a)? Or if they're married and he's trying to divorce her, does Beis Din prevent him? Do we say the principal of אין אדם משים עצמו רשע, a person isn't believed to incriminate himself (see Sanhedrin 25a)? Or do we say by his own words he has obligated himself in a mitzvah (similar to שויא אנפשיה חתיכא דאיסורא, see Kiddushin 65a).

  • Are you certain that that’s a mitzvah and not another fine imposed on him, which would mean we would extend מודה בקנס פטור to marrying her as well? – DonielF Jul 30 '18 at 16:03
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    @DonielF Sefer HaChinuch 557: "marrying her is a mitzvah and not a fine." – robev Jul 30 '18 at 16:12
  • which requires witnesses to impose - the whole Parashah starts/requires witnesses, and it's all-or-nothing. As he himself is not נאמן, unless there's an איסור, and there's no איסור in this case, therefore, it doesn't even start. – Al Berko Jul 30 '18 at 18:31
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    @Al-Berko every single statement you made is an assumption. I'd like sources for your claims. 1) who says the whole parsha requires witnesses? 2) why isn't he נאמן about himself? 3) what do you mean there's no איסור? According to himself, there's an איסור against not being married to her – robev Jul 30 '18 at 19:26
  • related: judaism.stackexchange.com/q/93417/1739 – robev Aug 2 '18 at 0:44

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