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Beiträge zur Rechtsgeschichte Österreichs
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Verlag der Österreichischen Akademie der Wissenschaften Austrian Academy of Sciences Press
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DATUM, UNTERSCHRIFT / DATE, SIGNATURE
BANK AUSTRIA CREDITANSTALT, WIEN (IBAN AT04 1100 0006 2280 0100, BIC BKAUATWW), DEUTSCHE BANK MÜNCHEN (IBAN DE16 7007 0024 0238 8270 00, BIC DEUTDEDBMUC)
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Beiträge zur Rechtsgeschichte Österreichs 9. Jahrgang Heft 1/2019, pp. 115-130, 2019/05/21
Sexualität vor Gericht
Deviante geschlechtliche Praktiken und deren Verfolgung vom 14. bis zum 19. Jahrhundert
In early modern hospitals, it was generally the case that only married couples were allowed to be sexually active, but those responsible feared that particularly younger women and men could have children for which the hospital would have had to provide. It is very difficult to find archival sources relating to this topic, which suggests that there was usually a negative view of generally life-affirming sexuality. Under the guise of secrecy, sexual activities largely had to take place in the privy, in stables, in the field and the grass, in church, etc. and those involved had to make sure that nobody was watching them. As they could get caught in the act, they often kept their clothes on and the sexual act had to take place quickly. This contribution uses examples to demonstrate that not only sexuality played a significant role in hospitals – which also pertains to penitentiaries, for instance – but that love was also quite important. It should not be denied that many inhabitants were raped and abused, particularly women with disabilities. If a man and a woman wanted to get married, they were usually prevented from doing so because they did not have any possessions and because of their lack of material goods. If inhabitants wanted to marry someone in the hospital, they had to give up their benefices. Sex between unmarried inhabitants in the hospital could cause a scandal, which could lead to a reduction of alms for the entire house. Despite the negative view of sexual activities in the hospital outlined in this paper, it can be assumed that pleasurable sexual intercourse took place both between the inhabitants as well as between the inhabitants and the staff.
Keywords: burgher hospital – Early Modern Times – general public – sexuality