This tag identifies court records of legal cases involving either the suspicion or reality of lesbian sex.
Sossang and Danji: 15th century Korean maidservants in love—a guest-blog by L.J. Lee
Copyright (c) 2024 by L.J. Lee, all rights reserved. Contact the author for permissions.
Content warning: Sexual violence and stalking, enslavement, corporeal punishment, sexism, violent lesbophobia, classism
Introduction
It is generally agreed on by historians that evidence for prosecutions of women for “sodomy” (however defined) are both rare (in absolute terms and compared to those for men) and often more lightly punished. Roelens explores a context that runs counter to this pattern: the Southern Netherlands in the 15th and early 16th century.
The defamation lawsuit brought by Marianne Woods and Jane Pirie against Lady Cumming Gordon in the early 19th century is often cited as concerning accusations of lesbianism against the two women. But This article looks at the details of the cause as illustrating points of Scottish legal procedure.
This is the most extensive article I’ve found concerning an early 15th century French legal case that is often cited in lists of medieval European evidence for lesbianism. It includes a full translation of the original records (although it doesn’t include the full original text). The article emphasizes interpreting this case in the context of other legal cases with which it shares features, specifically other applications for royal pardon and other records involving sexual offenses, especially those involving same-sex activity.
Chapter 7- Allen: Sexual Offences Prosecutions in the Late Twentieth Century
[Note: I think I’m succeeding in a briefer, high-level summary for the remaining chapters. These notes may be more random and unconnected.]
[Note: it is actually rather hard to do a very condensed overview of these chapters that are of less interest to the Project. I’m trying to get much more high-level for these last few chapters.]
A 1957 committee considered potential changes to the legal treatment of “vices”. One goal of the changes was to keep activities in this category, such as prostitution and homosexuality, out of public view. Even decriminalization was not intended for the benefit of the accused, but to suppress knowledge of the activities.
By the 1920s, certain sexual offenses between women were criminalized, but not the generic “gross indecency”. “Female husband” disappeared from the record with respect to sexual offenses, but the case of Victor/Valerie Barker signals a new direction of medicalized approaches, combined with anxiety over single women in the wake of World War I and the glimmerings of visibility brought by the obscenity lawsuit over The Well of Loneliness. This was a short-lived visibility ended by a rejection of sexological arguments for acceptance.
In 1921, Parliament debated, but did not pass, a bill that would have criminalized “gross indecency between female persons” as part of a general male reaction to the new freedoms and social power women were obtaining. There was a belief that if women engaged in lesbianism, they would never again be interested in men.
The central premise of this chapter Is to examine how the law came to acknowledge the existence of sexual “indecent assault” by one woman against another. But the case used to illustrate this concerns a midwife who was hired to examine the virginity of an underage girl being procured for prostitution. The case had a number of complicating factors. The men doing the procuring were anti-prostitution activists and journalists, working to demonstrate how easy it was to obtain such victims. One focus of such campaigns was to raise the female age of consent from 13 to 16.
Changes in understandings of Lesbianism in the 18th century can be illustrated by newspaper and legal accounts of “female husbands,” for example, the famous case of Charles/Mary Hamilton. Hamilton’s case was not particularly unusual, but the attention given to it was. Hamilton was working as a quack doctor, who courted and married the daughter of his landlady. Two months later, the bride announced that her husband was a woman and a legal inquiry resulted, including depositions by both partners.
