Context: under common medieval English law, rape could be classified as ‘raptus’ (involving sexual violation of the victim) and ‘abductio’/’ravishment’ (forcible removal of the victim) which were separate offences. Abduction was considered a trespass, that is, punishable only by a money penalty, whilst full-scale rape was considered a felony liable to sentence of death. Abduction remained technically a separate law from rape until 1487, not least because it was an offence that applied to male as well as female victims. The change came about in the wake of some cases of female abduction that were heard in the courts that year.
Of course, the law wasn’t simply changed because Henry VII decided to do it: women, as well as men, regularly petitioned in Parliament on the subject of rape and the number of petitions might have been even higher than the records allow. In practice, however, murderers and rapists were periodically granted general pardons offered by the Crown on special occasions such as deaths and anniversaries. Sometimes the king would fail to take action against an abductor if said abductor was a prominent member of his court; at other times the cases were so complicated, involving canon law and church jurisdiction, the Crown would be equally hesitant to intervene.
The first thing Henry VII did was to exclude the offences of murder and rape, along with the abduction of women against their will, from general pardons issued in and after 1485. The legal change was done in his second Parliament. Henry VII’s 1487 legislation on abduction encompassed all maidens, widows and wives and described the crime as ‘to the great displeasure of God and contrary to the king’s laws and [to the] disparagement of women and utter heaviness and discomfort of their friends and to the evil example of all other’. As Mark Ormrod once remarked, the use of heightened emotional language suggests that violence against women was not normalised at that time, nor was it simply regarded as a crime against property or chattel. It was understood as a crime against God’s will that created distress for the victims and their families.