Rape, in the course of warfare, also dates back to antiquity, ancient enough to have been mentioned in the Bible. According to the Roman ius gentium ("law of nations" or international law), inhabitants of a conquered town were spared personal violence if the war or siege ended through diplomatic negotiations. But if the army victoriously entered the town by force, the conquering men would rape women(and sometimes adolescent boys) of the defeated peoples as one of the spoils of war.[35][36] Some portion or all of the population of a town taken by force might also become slaves, who lacked legal protections against rape and who might be exploited as prostitutes or non-consensual sexual companions.
Rape, as an adjunct to warfare, was prohibited by the military codices of Richard II and Henry V (1385 and 1419 respectively). These laws formed the basis for convicting and executing rapists during the Hundred Years' War (1337–1453).
Napoleon Bonaparte found rape committed by soldiers particularly distasteful. During his Egyptian Expedition, he declared that “everywhere, the rapist is a monster” and ordered that “anyone guilty of rape would be shot.”[37]