Otroci a otrokyně jako objekty sexuálních zločinů v římském právu a vybraných barbarských zákonících, Katedra dějin státu a práva Právnické fakulty Masarykovy univerzity, 16. 4. 2014, Brno

Title in English The slaves and slave women as objects of sexual crimes in Roman law and selected barbaric Codes

FRÝDEK Miroslav

Year of publication 2014
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Arts

Description Roman law regards slaves as a thing; they were objects of law (not subjects). This fact has an impact on legislation of sexual crimes if the object was a slave. Roman law tried to protect a property of slave's owner that is why it created a concept according to which a consequence of sexual crime was analysed in three dimensions. Firstly, it was a damage of a thing and an offender was obliged to compensate the damage. Secondly, it was possible to sue the offender for an offence of an owner, because by a slave it was possible to insult the owner. The last possibility was to ask for moral damage caused by the act because the slave became morally worse. Frankish law regulated in Pacts legis Salicae, more precisely in De adulteris ancillarum particular facts of the case concerning sexual acts between Roman citizens and slaves and among slaves. Pactus legis Salicae punished both coitus between slaves with Roman citizens and slaves with female slave. Punishments were mainly financial, from 120 to 2200 denarius, or even an enslavement or death. The highest fine was for coitus with female slave that was a property of a king. Burgundy Code regulated sexual crimes committed on a female slave in title De corruptis mulieribus. If a Roman citizen forced a female slave to coitus, he had to pay a fine of 12 solids. If a slave committed rape, he was whipped. A common element for sexual crimes concerning slaves in Roman law and aforementioned barbarian codes was system of financial fines.
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