Just like God did in the book of Leviticus, any type of sexual sin carries with it a high price. That’s because all of the sexual acts, whether it’s adultery or fornication, have to do with theft. That person has literally “stolen” something that belongs to someone else, hence the phrase “violated his neighbor’s wife.”
But what if someone is raped? To this point, the Text is very clear: The woman who is raped should not be punished. At all.
As a matter of fact, the opposite is true of the rapist themselves. If it is discovered that a man raped a woman, that person is put to death. That’s a far more severe penalty than rape is in the state of Texas, where rapists receive a maximum of twenty years in prison, as well as a fine.
But there’s another interesting note about this that I think is worth exploring. At the end of Deuteronomy 22:26, God equates rape with murder. Why? Because in both cases, there is a completely innocent victim.
The following verse makes clear that what’s happening here is not consensual, in stark contrast to Deuteronomy 22:28-29, which is about consensual sex between two unmarried people.
In verse 27, it says that the woman “cried out, but there was no one to save her.” This is why verse 25 places them in the field—far away from civilization and with nobody nearby to help. Of course, if someone does hear, they have a responsibility to help the woman (Leviticus 19:16).
For anyone that likes to accuse the Bible of having a bias against women, this section provides a near-unprecedented system of protection for the woman. It outlines the fact that rape clearly places someone as the victim, then binds the harshest punishment imaginable for the perpetrator.
Now, it was just up to Israelite society to enforce it.