De Stupro : First Insights on Rape and Its Prosecution in Maltese Courts (1701–10)

Abstract This article constitutes a first in‐depth investigation of rape and the prosecution of this crime in early eighteenth‐century Malta. The research, which is based on sixteen rape accusations claimed at the secular courts in Malta between 1701 and 1710, has analysed cases categorized as ‘simple rape’, ‘violent rape’ and rape committed under the promise of marriage. The study has uncovered narratives in the reporting of and defence against rape accusations and has explored different sources of evidence judged by the courts. By proposing a definition for the concept of ‘rape’ for the early eighteenth century, this contribution has laid the groundwork for future study on the history of this crime in Malta.