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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

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.

Unsurprisingly, the material here is (with one possible exception?) filtered through male authors. We have literary tales of same-sex desire under the cover of gender disguise. There are medicalized case studies that--to a modern reader--sound more like intersex and transgender individuals, but those concepts were inextricably tangled with understandings of lesbianism at that time. And we have two poems, placed in the voice of a female narrator who is trying to come to terms with desiring another woman (though one is known to have been written by a man).

References to legal prohibitions on both female and male homosexuality.

A specialized version of the encyclopedia was the catalog of unnatural or monstrous individuals, encompassing deformities, birth defects, and a great many mythical beings. Of particular relevance to sexuality was the fascination for hermaphrodites. Visual representations often portrayed a bilateral dimorphism, with the right half of the individual portrayed as one sex and the left half as the other.

Images of women-loving-women were established enough in 16th century England to appear as a character type that was not so much defined as simply assumed, and therefore was available for reference both explicitly and obliquely. Within this general type, there were clear distinctions made between the motifs of desire between women and sexual acts between women. This chapter explores evidence for this character type in non-dramatic sources that were available to early modern English playwrights and their audiences.

Renaissance drama provides a case study in how lesbian themes and female homoerotic potential can be hidden in plain sight simply by the denial of their possibility. Traub notes that even today one can find vehement denials of homoerotic content in such overtly suggestive works as Shakespeare’s Twelfth Night. And less overt content may only emerge into view through an awareness of the era’s understanding and encoding of female desire and forms of female intimacy.

[Note: I think the first two paragraphs here actually belong with chapter 4, I lost my section marker somehow.]

In contrast to many of the “decency” laws that disproportionately targeted minorities (such as anti-prostitution laws), cross-dressing prosecutions tended to ignore members of racial minorities unless some other significant factor were involved. This falls naturally out of the framing of normative gender as an inherently “white” possession. Therefore transgression against normative gender can only be done by those who had access to it in the first place.

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