Although Draco's laws were long gone by classical times, his law on adultery and rape is relevant to explain the ancient mindset, which was somewhat weird by our modern standards. My female readers are warned to take some tranquilizers before going on...
A man seducing a married woman could legally be killed, as we saw in the previous post, but if he had raped the wife, then under Draco's laws he would have been subject only to a fine paid to the husband.
The reasoning is that by rape he has damaged the husband's property. (I did warn you about the tranqilizers.) But if she consented then something much worse has happened: the seducer has stolen the wife's affections. Hence rape was the lesser crime.
Notice in both adultery and rape the husband is considered the victim. Xenophon had this to say: When a wife has sexual intercourse by accident (! he means rape), husbands do not honor them the less on this account, if the wife's affection remains unaffected.