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Lex Scantinia
The ''Lex Scantinia'' (less often ''Scatinia'') is a poorly documented〔Craig Williams, ''Roman Homosexuality: Ideologies of Masculinity in Classical Antiquity'' (Oxford University Press, 1999), p. 116, calls it a "notoriously elusive" law to which "scattered and vague references" are made in the ancient sources, in contrast to the well-documented ''Lex Julia de adulteriis coercendis''. See also Eva Cantarella, ''Bisexuality in the Ancient World'' (Yale University Press, 1992), p. 106; Thomas A.J. McGinn, ''Prostitution, Sexuality and the Law in Ancient Rome'' (Oxford University Press, 1998), p. 141; Amy Richlin, ''The Garden of Priapus: Sexuality and Aggression in Roman Humor'' (Oxford University Press, 1983, 1992), p. 224; John Boswell, ''Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century'' (University of Chicago Press, 1980), pp. 63, 68.〕 ancient Roman law that penalized a sex crime (''stuprum'') against a freeborn male minor (''ingenuus'' or ''praetextatus'').〔McGinn, ''Prostitution, Sexuality and the Law'', pp. 140–141; Richlin, ''The Garden of Priapus'', pp. 86, 224; Boswell, ''Christianity, Social Tolerance, and Homosexuality'', p. 67, pointing out that this is the only certain provision of the law.〕 The law may also have been used to prosecute adult male citizens who willingly took a passive role in having sex with other men. It was thus aimed at protecting the citizen's body from sexual abuse (''stuprum''), but did not prohibit homosexual behavior as such, as long as the passive partner was not a citizen in good standing. The primary use of the ''Lex Scantinia'' seems to have been harassing political opponents whose lifestyles opened them to criticism as passive homosexuals or pederasts in the Hellenistic manner.〔Elaine Fantham, "''Stuprum'': Public Attitudes and Penalties for Sexual Offences in Republican Rome," in ''Roman Readings: Roman Response to Greek Literature from Plautus to Statius and Quintilian'' (Walter de Gruyter, 2011), p. 138, and see "Prosecutions" below.〕
The law may have made ''stuprum'' against a minor a capital crime, but this is unclear: a large fine may have been imposed instead, as executions of Roman citizens were rarely imposed by a court of law during the Republic. The conflation of the ''Lex Scantinia'' with later or other restrictions on sexual behaviors has sometimes led to erroneous assertions that the Romans had strict laws and penalites against homosexuality in general.〔Jonathan Walters, "Invading the Roman Body," in ''Roman Sexualites'' (Princeton University Press, 1997), pp. 33–35, noting particularly the too-broad definition of the law by Adolf Berger, ''Encyclopedic Dictionary of Roman Law'' (American Philosophical Society, 1953, reprinted 1991), pp. 559 and 719, as prohibiting pederasty in general.〕
==Background==
Latin has no words that are straightforwardly equivalent to "homosexual" and "heterosexual."〔Williams, ''Roman Homosexuality'', p. 304, citing Saara Lilja, ''Homosexuality in Republican and Augustan Rome'' (Societas Scientiarum Fennica, 1983), p. 122.〕 The main dichotomy within Roman sexuality was active/dominant/masculine and passive/submissive/"feminized."〔Williams, ''Roman Homosexuality'', p. 18 ''et passim''; Cantarella, ''Bisexuality in the Ancient World'', p. 98ff.; Skinner, introduction to ''Roman Sexualities'' (Princeton University Press, 1997), p. 11.〕 The adult male citizen was defined by his ''libertas'', "liberty," and allowing his body to be used for pleasure by others was considered servile or submissive and a threat to his integrity.〔Thomas A.J. McGinn, ''Prostitution, Sexuality and the Law in Ancient Rome'' (Oxford University Press, 1998), p. 326; Catharine Edwards, "Unspeakable Professions: Public Performance and Prostitution in Ancient Rome," in ''Roman Sexualities'', pp. 67–68.〕 A Roman's masculinity was not compromised by his having sex with males of lower status, such as male prostitutes or slaves, as long as he took the active, penetrating role.〔Williams, ''Roman Homosexuality'', p. 18 ''et passim''; Skinner, introduction to ''Roman Sexualities'', p. 11.〕 Same-sex relations among Roman men thus differed from the Greek ideal of homosexuality among freeborn men of equal social status, but usually with some difference in age (see "Homosexuality in ancient Greece" and "Pederasty in ancient Greece"). The adult Roman male who enjoyed receiving anal sex or performing oral sex was thought to lack ''virtus'', the quality that distinguished a man (''vir'').〔Amy Richlin, "Not before Homosexuality: The Materiality of the ''cinaedus'' and the Roman Law against Love between Men," ''Journal of the History of Sexuality'' 3.4 (1993) 523-573.〕
The protective amulet (''bulla'') worn by freeborn Roman boys was a visible sign that they were sexually off-limits.〔Plutarch, ''Moralia'' 288a; Thomas Habinek, "The Invention of Sexuality in the World-City of Rome," in ''The Roman Cultural Revolution'' (Cambridge University Press, 1997), p. 39; Richlin, "Not before Homosexuality," pp. 545–546.〕 Puberty was considered a dangerous transitional stage in the formation of masculine identity.〔Richlin, "Not before Homosexuality," pp. 545–548.〕 When a boy came of age, he removed his ''bulla'', dedicated it to the household gods, and became sexually active under the patronage of Liber, the god of both political and sexual liberty.〔Larissa Bonfante, introduction to ''The World of Roman Costume'' (University of Wisconsin Press, 2001), p. 7; Shelley Stone, "The Toga: From National to Ceremonial Costume," in ''The World of Roman Costume'', p. 41; Judith Lynn Sebesta, "Women's Costume and Feminine Civic Morality in Augustan Rome," ''Gender & History'' 9.3 (1997), p. 533.〕 Pederasty among the Romans involved an adult male citizen and a youth who was typically a slave between the ages of 12 and 20.
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