But if she can't prove he forced her, she dies too. That means it's not rape that's being punished, it's sex. She might escape the penalty if she can prove he forced her, but it won't change the nature of his crime or his punishment.
But what is your polyester point. That seems more frivolous and if you are only going to throw up a polyester shield, why talk about this at all? We are discussing implementation issues here.
No, it does not say that in this case. Only in the case of a betrothed women was it a capital crime.
That means it's not rape that's being punished, it's sex. She might escape the penalty if she can prove he forced her, but it won't change the nature of his crime or his punishment.
You are assuming that there was no extension of jurisprudence based upon these laws, which mistake is typical for those seeking to denigrate them, but it is erroneous, as would be the idea that our own jurisprudence is not an extension of the Constitution, etc. And many in fact Biblical laws influence many .
The problem of determining whether one is guilty of rape of consensual relations is one that can be difficult today. In the Bible the question was could she and then did she call for help. Today we have 911 and DNA, while in Scripture 2 or 3 eye witnesses were required for capital crimes, with false witnesses receiving the penalty with their laying innocent upon the innocent. That aspect would help today.