General questions about illegitimate children in the late 1700s

[George Lind]

My third great grandfather was born illegitimate in 1797 in Skåne.  In 1799 his mother was brought to court and she stated that she had sex with an unknown man which led to the birth of her son.  Would that imply that it was consensual sex or would she have been forced to appear in court even if she was raped?   I don't not know if the man was truly unknown to her or if she was covering up for him or under duress.  My third great grandfather was named Pehr Rasmusson.  His mother's last name was Torkelsdotter.  Since he did not take his mother's name it would imply that his father was a man named Rasmus.  Is that necessarily true?   Would he have chosen his last name or would it have been given to him by his mother?  Was this her way of letting the people now who the father was?
Thanks,
George

[Kalle Birgersson]

If it was consentual or not didn't really matter at that time, it had to be investigated regardles. I guess the actuall court document would have to be read to fully understand the circumstances. But if the child was called Rasmusson later, his father must have been named Rasmus. Otherwise a non patronymical last name would have been choosen.

[George Lind]

Kalle,
Thank you for replying to my question. 

Here is the information on the original court document on Arkivdigital
Färs häradsrätt (L, M) AIa:75 (1799) Image 4200 (AID: v460438.b4200, NAD: SE/LLA/10016)

Here is a summary of the document
Gertrud Torkelsdotter from Linnehus confessed in court that she, in Brandstad, had had intercourse with an unknown man and, as a result of this, had given birth to a child, also in Brandstad.
It was Gertrud’s first violation of the law on extramarital affairs. She was sentenced to a fine (or, in case of lack of money, seven days in prison). Furthermore, Gertrud had to give Brandstad’s parish church a sum of money, and confess her sin to a priest in the same church.

George

[Kalle Birgersson]

That man might only have been unknown to the court, I don't think the woman had to reveal who it was at that time. She probably know who he was, and told her son when he was old enough.

[George Lind]

Thanks again Kalle.  I suspect the father was his uncle (his mother's sister's husband).  He was the only Rasmus in the village.
George

[Kalle Birgersson]

That would explaine why Gertrud didn't want to tell who the father was

[Jörgen Tollesson]

The name is not enough to draw any conclusion about the father's identity. Rasmus was a common name and he didn't have to live in Brandstad.