What the Law Has to Say about All of This

Though the law does not have a human voice or a human personality, it may be helpful to see what it had to say regarding male to male sexuality in Ancient Rome.

* Keep in mind that in Ancient Rome the police force was not strong and most regulation of rules was done by family and an honor code.

The Roman Law infamia regulated passive actions during sexual intercourse between two males in Ancient Rome. Breaking this law by taking the passive role in sexual intercourse with another man could cause a man to be taken off the census list. Other punishments include exile, fines, floggings, or execution in very serious cases. This law treated males who enjoyed the passive roles as people whose activities needed to be stopped and their human rights were therefore based on their sexual choices.

Cato also installed laws to take away the civil status of those who hire themselves out as pimps and those who take money for sexual services. If someone was even labeled as passive, Cato took away his civil status.

Rape and intercourse with a freeborn male were subject to public and private sanctions during the time of the Republic and the Empire.

During the time of Marcianus, rape of boy, woman, or anyone was punished under the lex Julia de vi publica.

The voluntary act of passive homosexuality by a free man of any age was in itself liable to be punished and common law punishes all homosexual activity indiscriminately regardless of consent.

Lex Scantina made sexual relations between males illegal.