Roman law and the prohibition of ‘passive’ homosexuality ​

In ancient Rome, there was no vocabulary to distinguish between homosexuality and heterosexuality. Instead, sexuality is determined by behavioral style, whether active or passive, in both gay and straight relationships. Roman society had a patriarchal system in which the male gender role was the primary authority, emphasized by “active” masculinity as a symbol of power and status.

Men were free to have sex with men, but this was only considered acceptable under the laws of the Lex Scantinia, a Roman law created to punish any high-status male citizen for willingness to engage in passive sexual behavior. Essentially, it was a code intended to control an individual’s masculine nature by forcing a free-born Roman citizen to take on a sexually “dominant” or “active” role. If he fails to do so, his family’s name and reputation will be brought into disrepute or disrepute (loss of legal or social status).

From a social perspective, being “passive” or “submissive” threatened the masculine nature, with feminine traits, submissiveness, and passive behavior being the actions of the lower class and slave.

Homosexuality with prostitutes, slaves, or prisoners of war was considered completely acceptable because it did not threaten the masculinity of free children as long as Roman citizens played an active role. extreme in penetration. Homosexual activity between soldiers of equal status was punishable by death.

Although Lex Scantinia and its enforcement were mentioned in some ancient sources, such as 227 BC, where Gaius Scantinius Capitolinus was brought to trial Lex for molesting the son of Marcus Claudius Marcellus; The full legality and provisions of the law are still unclear.

Homosexual rape and slavery

Lex Scantinia exempts free-born men from prosecution in cases of rape or forced passive intercourse. However, the rape of another by a free-born person is considered a capital crime, such an act carries a death sentence. This differs from same-sex practices in ancient Greece, in which same-sex relationships between men of equal social status were considered acceptable.

A Roman citizen was allowed to exploit his own slaves for sex, regardless of their age or circumstances of birth – slaves had no civil rights regarding their bodies; In essence, a slave’s body is used to appease the sexual desires of their Master.

In fact, the term puer delicatus (sweet and dainty) was often applied to child slaves used specifically for sexual gratification and companionship. This practice is depicted on The Warren Cup, a silver Roman vassal from the Julio-Claudian dynasty, 1st century AD, decorated with ornate bas-reliefs of bronze acts gender, on the one hand depicts a young man having sex with a slave boy.

In more extreme cases, the puer delicatus will be castrated and dressed in feminine clothing. This is a peculiar and dirty attempt to preserve youthful qualities and prolong feminine and passive attractiveness in children and young men.

Even the famous Emperor Nero (54 to 68AD) had a puer delicatus named Sporus, a young man whom he castrated and who was said to have dressed in regal attire, a custom reserved only for Roman empresses. Sources believe that he later married Sporus after the death of his wife Poppaea Sabina.

A change in religion and new laws against homosexuality

Over time, attitudes towards same-sex acts began to change, as did the Empire’s religious identity. The polytheistic pagan gods were replaced by the new monotheistic religion of Christianity and its influence spread throughout the classical world.

In the 4th century AD, legal prohibitions against the practice of homosexuality, considered “contrary to nature,” were criminalized by the Christian Emperors as part of their laws. New Rome. In 390 AD, homosexuality was declared illegal throughout the empire with any free-born Roman condemned to the stake.

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