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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

Van der Meer presents the details and circumstances of trial records from several late 18th century cases in Amsterdam, Netherlands of women arrested for events involving sexual activity with women. Sodomy trials of men were not uncommon in this context, often occurring in “waves” when some particularly eager administration pursued the cases. But the conviction and exile in 1792 of Bets Wiebes for lying upon another woman “in the way a man is used to do when he has carnal conversation with his wife” appears to be the first case of that type known from records.

This is an invaluable book that collects all manner of classical Greek and Roman texts relevant to homosexuality in a single volume. I doubt that it’s exhaustive, especially with regard to male homosexuality, but Hubbard seems to have made special efforts to include female-oriented material. The material is organized chronologically and by literary genre, with an introductory discussion in each section to provide historic context.

In 1599 in Mexico City, a 54 year old Dominican “beata” concluded her confession to the Inquisition by indicating she had nothing more to say “even though she might have more sins than the queen of England”.

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.

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