Sefer HaChinuch ספר החינוך

Not to punish one coerced into a sin: That we have been prevented from judging one who is coerced into doing a sin, which is to say that we should not punish any person for a thing that he does against his will. And about this is it stated (Deuteronomy 22:26), “But to the maiden you shall not do a thing, etc.” And this is a negative commandment that includes anyone that is coerced into doing a bad deed; that we should not punish him for it. And explicitly did they, of blessed memory, say (Sanhedrin 27a), “The Merciful One exempts the one coerced, as it states, ‘But to the maiden you shall not do a thing.’”

The root of this commandment is known to every person with intelligence — that it is not fitting to punish any creature for that which he does against his will [and] not for his own benefit.

From the laws of this commandment are what they, may their memory be blessed, said (see Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 20:2) that a court does not kill a person who transgresses out of coercion even one of the three sins that a person is to die for and not transgress — except for if he transgressed and had sexual relations with a forbidden partner; as this is not complete coercion, since there cannot be an erection without volition. But if a woman is coerced to have sexual relations, she is exempt. Even if after the rapist begins to rape her, she says, “Leave him alone,” she is [still] exempt, since it is her [evil] impulse that is overpowering her. And the rest of its details are there in Sanhedrin.

And this commandment is practiced in every place and at all times, that we are obligated not to give any punishment to one coerced. And one who transgresses this, and punishes one coerced, has violated this negative commandment and will “bear his iniquity.” But he does not receive lashes, as it is possible to transgress it without an act — for example, a judge who commanded to lash him or punish him in another manner, since the judge does not perform an act in the thing. And Ramban, may his memory be blessed, wrote (Shoresh 8 on Sefer HaMitzvot, Negative Commandments 294) that this negative precept is not a prevention (that we are commanded not to do something), but [rather] it is a negation, that exempts the raped maiden. And [about] that which they said in Sanhedrin, “The Merciful One exempts the one coerced” — this [choice of] expression is truly a proof that it is an exemption and not a [negative commandment].