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court case

 

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

LHMP entry

Early modern Europe had quite a fondness for encyclopedic works that defined and classified the entire known world (and much that was imaginary). Theodor Zwinger (1533-1588) wrote Theatrum vitae humane (Theater of Human Life) in something of a biographical dictionary form, in groupings according to the characteristic that provided their fame. Under the section “Tribades” he notes “Here we say nothing which has not been said before, and collect only a few items.

Renaissance philosophy tackled the question of friendship: who is an appropriate friend, what behavior should a friend exhibit, what is the relationship between the love of friends and sexual desire? Given the times, the majority of texts addressing this topic were concerned with friendships between men, though a nod was often given to Sappho as a proponent of female friendships, or to the possibility of “Platonic love” between women, which is given explicit license in the Symposium as well as by Renaissance writers commenting on it, as Agnolo Firenzuola did.

The introduction notes the extreme variation in how female same-sex relationships were treated, in terms of penalties, liability, and the means and extent of enforcement, including differing legal theories of whether the term “sodomy” could apply. As a generalization, consensual same-sex behavior was least prosecuted in England, while Florence may have regularly prosecuted relations between men but the penalties were relatively light, while in Spain penalties were regularly quite severe including execution, and similarly severe were those recorded in Geneva.

Male-centric views of sexuality frame singlewomen either as lonely and frustrated (spinsters) or as dangerously promiscuous (whores), but this dichotomy ignores the possibility of the sexual desires of singlewomen being satisfied by other women. There is an idealized image of pre-modern lesbian that finds its epitome in the Ladies of Llangollen type from the late 18th century.

Benkov reviews how the squeamishness of medieval legal texts in indicating how the word "sodomy" is applied to women's acts effectively erases the lesbian nature of their activity: “women with each other by detestable and horrible means which should not be named or written about.” Which text is placed beside for more simple and clear descriptions of men participating in anal intercourse. Crompton (1980) addressed the question of prosecutions of women for sodomy up to the French revolution, but little additional material has been added since.

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