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Defining sodomy in seventeenth-century Massachusetts
Journal of Homosexuality
|January 1, 1980
Summary
Legal definitions of sodomy in colonial Massachusetts varied, impacting punishment. Strict procedures, intended to clarify the law after a child molestation case, may have decreased arrests for homosexual acts.
Area of Science:
- Legal History
- Theology
- Social History
Background:
- Explores legal and theological definitions of sodomy in the Massachusetts Bay Colony.
- Examines historical recommendations for sodomy-related punishments.
Observation:
- A notable case of heterosexual child molestation highlighted divergent views on defining sodomy.
- Differing interpretations of the crime and death penalty requirements were evident.
Findings:
- Strict legal procedures were later established to resolve definitional ambiguities.
- These procedures may have inadvertently reduced arrests and convictions for homosexual activity.
Implications:
- The study suggests that legal procedural changes can significantly impact the enforcement of laws related to sexual conduct.
- Examines the complex relationship between legal definitions, procedural requirements, and the prosecution of homosexual offenses in early American history.