Chapter 1 - Female Crime and Female Confinement in Late Antiquity

Summary

Although Roman criminal law differentiated between male and female offenders, women were not necessarily treated more leniently than men. Female sexual crime especially could be prosecuted in a visible manner and punished severely. This chapter discusses late antique families’ strategies for evading potentially humiliating public criminal process when it came to addressing the wrongdoing of female family members. Always a possibility in the accusatory criminal system of the Roman world, these strategies of evasion became increasingly formalised during late antiquity with the rise of ecclesiastical mediation. Such extrajudicial redress could result in women’s domestic seclusion. Towards the end of antiquity, female confinement was moved from the extrajudicial to the judicial sphere, with the introduction of the penalty of forced residence in a monastery. While forced residence in a monastery was seen as applicable to both male and female offenders, when applied to women it eased the pressures exerted by Roman law’s interference with intimate family affairs. In this way, the monastery became a locus of intersection between small-scale household-based and large-scale state acts of social control.