Sodomy's Penumbra

Area of Science:

• Legal Studies
• Sociology of Law
• Gender Studies

Background:

• Sodomy laws have historically been interpreted through lenses of homophobia, protection of minors, and protection of women.
• These interpretations, often rooted in identitarianism, may oversimplify the complex legal and social functions of sodomy statutes.
• Existing analyses often overlook the nuanced ways sodomy laws shape understandings of sexual acts and sexual violence.

Purpose of the Study:

• To advocate for a sodomitical approach to understanding sodomy laws.
• To critically analyze and challenge prevailing historical glosses on sodomy legislation.
• To explore the under-recognized role of sodomy laws in defining sexual acts and rape, especially concerning oral sex.

Main Methods:

• Historical analysis of legal interpretations and glosses on sodomy law.
• Critique of identitarian frameworks applied to the study of sodomy.
• Examination of case law and cultural understandings related to sodomy and sexual violence, with a focus on fellatio.

Main Results:

• The notion of sodomy laws as purely homophobic is largely inaccurate.
• Interpretations focusing solely on protection of boys or women fail to capture the multiplicity of sodomy law's functions.
• The prevalence of forcible oral sex in sodomy cases indicates shifting legal and cultural definitions of sex and rape.

Conclusions:

• Sodomy laws are more complex than traditional interpretations suggest, reflecting conflicted understandings of sexual acts and violence.
• A sodomitical approach reveals how these laws have historically addressed and continue to shape definitions of sex and rape.
• The legal significance of fellatio within sodomy cases remains an under-examined aspect with implications for understanding sexual violence.