Would Tess of the D'Urbervilles have been raped or seduced, according to today's laws in the UK?

[KindDogsTail]

Tess of the D'Urbervilles was discussed by Melvin Bragg and his guests yesterday on radio 4 In Our Time www.bbc.co.uk/programmes/b078zcrr
The question came: was she raped or seduced? One speaker said it was clear that Tess had not wanted it to happen, but consensus seemed to be that it is not clear whether she was raped or seduced.

I re-read Chapters 11 and 12 and it seemed to me that it was certainly rape. In my opinion the book, though in a subtle way, describes acquaintance rape. It even seems that Tess was half asleep when it happened.

I understand that when it was written Tess herself would have been blamed for having been with the perpetrator, and for not fighting him. Also, as she was not attacked, in those days, (and in these as far as some are concerned) this would have been evidence that she just seccumbed to seduction but not actually been raped. Now, however I feel sure she had not given consent.

Some people who may have been raped in this way might have been listening and felt rather concerned that the people discussing the book seemed so uncertain.

I was wondering what other people think.

When I've finished the stack of books on my desk, I'm going to reread Tess!

Me too Pedestrian!

I have only looked up the most specifically related chapters (11 & 12) on line, after hearing the programme.

I wrote in to the IOT contact the other day.
Today I have just written in to Radio 4 Feedback.

Tess was raped. I'm so angry for her. And how I hate Angle Clare!

And I can't see any reason to say that she's not raped.

Poor old Tess. She's abused by one man after another. D'Urberville is a textbook example of the coercive groomer- coercive abuse was recently criminalized, if anyone remembers.

We'd call that rape today, but what Hardy's brilliant at is showing how society exploits the tiniest doubt to turn it against the woman (see the opening scene of the Magdalene Sisters for an example of this).

Far from the Madding Crowd also has subtle but omnipresent feminist threads running through it.

That's interesting paintandbrush, I did not know the term coercive abuse.

You are right about society using the tiniest doubt to turn it against the woman.
I have forgotten the details of the opening scene of The M Sisters, but do remember the poor girl at the party and the horror of her rape while it was all going on so happily.

I think Hardy tried to show what Alec did to Tess was rape too by saying that it was the same as what Tess's Norman ancestors/returning soldiers in armour had done to peasant girls once (which even the audience in Hardy's day would have realised meant rape) even if what happened to Tess was not as violent.

Given that modern German law apparently does not even recognise that a girl not fighting a rapist, does not mean she was not raped , Hardy was very far ahead for his own time.

Thanks very much everyone for your answers. It has been very interesting to hear what everyone thought about this question.

I need to leave this thread now, but am going to read the book again including in various editions.

Meanwhile I'll post back if any response comes back from BBC Radio 4 following my complaints about how this rape in the text was discussed last week on In Our Time.