Seduction, in English law, means the act of decoying away a servant or member of a family from his or her duty; in a narrower sense it includes offences against the chastity of women, where the offender accomplishes his purpose by persuasion, not by force. It is not a criminal offence unless the facts are such as will support a charge of Rape (q.v.) or Abduction (q.v.). No action can be maintained by a woman who is seduced, however basely or deceitfully the seducer may have acted; but a master or mistress may sue in respect of loss of service caused by the seduction. If a father or mother can make out loss of service, damages can thus indirectly be recovered for the seduction of a daughter; and it is the inveterate practice of juries to give 'exemplary damages' in such cases, if the conduct of the defendant has been heartless or dishonourable. The rule of law is most irrational: a rich man, whose daughter occasionally makes his tea, can recover damages if she is seduced; a poor man, whose daughter is in a situation away from home, cannot. In Scotland the woman can sue in her own name if deceit has been used; but the diffi- culty of showing that the deceit was the only cause of the injury prevents such actions from being common. Redress is sometimes obtained by an action for breach of promise of marriage or (in Scotland) by an action of declarator of marriage; and the father of an illegitimate child can be compelled to maintain it.
Seduction
Chambers's Encyclopaedia, Volume 9: Bound to Swansea, p. 299
Source scan(s): p. 0312