Seduction (tort)

In the realm of tort law, seduction historically referred to a cause of action based on the intentional persuading or enticing of a woman to engage in sexual intercourse outside of marriage, resulting in loss of her services to her father or master. The action was primarily focused on the economic loss suffered by the woman's father or the head of household (typically the father), who was legally entitled to her services. The “seduction” wasn't necessarily physical force or coercion in the modern sense, but rather the act of enticing or persuading through allure, flattery, or promises.

The key element of this tort was the loss of services (servitium) suffered by the father or master. The rationale was that the woman's ability to perform household duties or other services for her family was diminished or lost due to the pregnancy or social stigma resulting from the sexual encounter.

Historically, the tort of seduction was fraught with issues and subject to criticism, primarily due to its patriarchal underpinnings and the objectification of women. It essentially treated women as property, whose virginity and ability to provide services had economic value. The focus was not on the harm suffered by the woman herself, but rather on the economic damage inflicted upon her father or master.

Modernly, the tort of seduction is largely obsolete in most jurisdictions. Changes in societal views regarding gender equality and the recognition of women's rights have led to its abolition or severe restriction. In many places, it has been replaced by other legal avenues for redress, such as actions for sexual battery, intentional infliction of emotional distress, or breach of contract (in cases where a promise of marriage was made and broken). Furthermore, many jurisdictions have enacted legislation that specifically addresses issues related to sexual exploitation and abuse, offering more direct and equitable remedies for women who have been harmed.

The decline and near-extinction of the seduction tort reflect a significant shift in legal and social perspectives on gender, consent, and the value of women's contributions to society.