The Lex Scantinia and the Public Response to Stuprum

Abstract

The lex Scantinia was one of the earliest (and arguably one of the most infamous) laws criminalizing sexual misconduct in Roman society. Modern scholars know little about the specifics of the law itself, largely because all evidence for the law, the behaviors it prohibited, and any mechanisms for enforcement/punishment must be gleaned from a few scattered references appearing in a variety of literary sources. This paper examines the literary legacy of the lex Scantinia against the legislative context in which the law may have been created. It suggests that the consensus about what constituted sexual morality and the drive to assert state authority were not necessarily synonymous with a deep commitment to and prioritization of this standard in everyday life.