Skip to content Skip to navigation

court case

 

This tag identifies court records of legal cases involving either the suspicion or reality of lesbian sex.

LHMP entry

Introduction

As with most general works on same-sex sexuality (and especially ones authored by men) this book is overwhelmingly focused on male sexuality. There is also the tendency usual in this context to suggest that texts, situations, and commentaries that don’t specifically include women can be extrapolated to them.

Chapter 1: Sex and the Middle Ages

This book is a glossy, photo-filled companion volume to a museum exhibit on lesbian and gay history in Boston, for a fairly broad definition of those terms. Due to this connection with a museum exhibit, there is a natural focus on material objects, accompanied by a relative minimum of explanatory commentary. The exhibit emphasized the importance of making a historic connection for modern visitors--a “usable history”.

This chapter looks at evidence regarding lesbian activity that can be found in specific court cases, as well as perceptions of the role of lesbian relations in criminal activities and contexts. The point here is not that lesbians were inherently criminal in early modern Spain (though some official opinions were that one type of deviant behavior was expected to lead to other types), but that the nature of legal records can provide a wealth of detail that is not available for other contexts.

The identification of forbidden female homoerotic activity in early modern Spain is hampered by the deliberately vague language with which it is identified. When a “miraculous” crucifix supposedly tattled on two trysting nuns in the early 17th century, the phrase put into its voice was simply that the two were “offending me.” Similarly, in 1603 when Inés de Santa Cruz and Catalina Ledesma were arrested for female sodomy in Salamanca, the accusations came in descriptions of the sounds of passion heard through a wall and not a declaration of specific acts.

Preface

This book looks at how Catalina de Erauso’s story has been “constructed, interpreted, marketed and consumed” in the 17-20th centuries. Velasco identifies Catalina as a “transgenderist” (that is, someone who engages in transgender performance without necessarily having transgender identity) and uses she/her pronouns as the book is examining how Catalina’s image was used (the image of a woman performing masculinity) rather than interpreting what Catalina’s own understanding might have been.

The majority of this article concerns accusations of sodomy between men, and looks at the numeric distribution of evidence with regard to the date, location, nature of the charge, and demographic information about the accused. The analysis is particularly interesting with regard to the interplay of religious and sexual concerns. There is a single reference to an incident involving women.

This is a translation of an 1891 publication of the summary of German trial records from1721. The 1891 publication is by Dr. F. C. Müller, a sexologist who added his own commentary from the point of view of sexual psychopathology. Eriksson’s translation omits this commentary and includes only the original trial summary. The summary was put together after the conclusion of the trial when the sentence was being sent to a higher authority for review.

Crompton provides an in-depth study of European and American laws addressing homosexual acts between women, from 1270 on. Prior to this study, the general historical understanding was that lesbians were ignored by the law, based mostly on an unwarranted generalization from English law. In fact, lesbian acts were criminalized in legal systems in France, Spain, Italy, Germany, and Switzerland, and were considered equivalent to male sodomy.

Friedli provides an extensive examination of “passing women” -- defined as women (using current terminology, it might be better to say “persons assigned female at birth”, but Friedli uses “women” and I will follow that here) who live, work, and/or marry as men for some period during their lives. This is specifically distinguished from theatrical cross-dressing or overt cross-dressing as a sexual signal. While the phenomenon is far from confined to the 18th century, there seems to have been a fascination with it in England, beginning in the late 17th century.

Pages

Subscribe to court case