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THE IMAGERY AND POLITICS OF SEXUAL VIOLENCE
IN EARLY RENAISSANCE ITALY
PÉTER BOKODY
University of Plymouth
www.cambridge.org
Information on this title: www.cambridge.org/9781009100687
doi: 10.1017/9781009122528
© Cambridge University Press & Assessment 2023
This publication is in copyright. Subject to statutory exception and to the provisions
of relevant collective licensing agreements, no reproduction of any part may take place
without the written permission of Cambridge University Press & Assessment.
First published 2023
Printed in the United Kingdom by TJ Books Limited, Padstow Cornwall
A catalogue record for this publication is available from the British Library.
Library of Congress Cataloging-in-Publication Data
names: Bokody, Péter, author.
title: The imagery and politics of sexual violence in early Renaissance Italy / Péter Bokody,
University of Plymouth.
description: Cambridge : Cambridge University Press, 2023. | Includes bibliographical
references and index.
identifiers: lccn 2022041543 (print) | lccn 2022041544 (ebook) |
isbn 9781009100687 (hardback) | isbn 9781009113977 (paperback) |
isbn 9781009122528 (epub)
subjects: lcsh: Rape in art. | Sex crimes in art. | Painting, Italian–Themes, motives. |
Painting, Renaissance–Italy–Themes, motives. | Art–Political aspects–Italy–History–To
1500. | Art and society–Italy–History–To 1500.
classification: lcc n8237.8.r34 B65 2023 (print) | lcc n8237.8.r34 (ebook) |
DDC 701/.03–dc23/eng/20221011
LC record available at https://lccn.loc.gov/2022041543
LC ebook record available at https://lccn.loc.gov/2022041544
isbn 978-1-009-10068-7 Hardback
Cambridge University Press & Assessment has no responsibility for the persistence
or accuracy of URLs for external or third-party internet websites referred to in this
publication and does not guarantee that any content on such websites is, or will remain,
accurate or appropriate.
..........................................................................................
The Association of Art Historians (AAH) has generously supported the publication of the book.
1 INTRODUCTION 1
1.1 Propaganda and Rape 2
1.2 Sexuality 6
1.3 Politics 8
1.4 Painting 12
2 VICTIMS OF LUST 20
2.1 Sex Crimes in Gratian’s Decretum 31
2.2 Women in Last Judgement Scenes 46
3 ME D I C A L IZ E D MI S OG YN Y 68
3.1 Biopolitics of Pregnancy 76
3.2 Rape and Conception 83
8 CONCLUSION 257
Bibliography 265
Index 293
Initial work on this book dates back to the Iconology of Law and Order
conference at the University of Szeged (2008), a Medieval Art in Theory
workshop on framing at the Courtauld Institute of Art in London (2009)
and the Iconology at the Crossroads conference at the Center for Iconographic
Studies in Rijeka (2012). The support and hospitality of the respective organ-
izers – György Szőnyi, Laura Cleaver, Hanna Wimmer, Stuart Whatling,
Marina Vicelja, and Colum Hourihane – gave a formative early impetus to
the project. The contrast between the allegory of Justice and Injustice in the
Arena Chapel was first a pictorial question, with the absence and presence of
frames. However, the gendered social context of the frescoes was then already
evident. Only after I had started to examine the surviving fourteenth-century
visual and textual evidence on sexual violence did I begin to realize the
magnitude of the problem and the radical aspects of Giotto’s composition.
This study is about reconstructing the circumstances of its extraordinary
political proposition.
Our move to Plymouth in 2014 brought me to an institutional environment
open to implement this project. I thank my colleagues, Darren Aoki, Sandra
Barkhof, Annika Bautz, Gemma Blackshaw, Harry Bennett, Brian Campbell,
Rachel Christofides, Mary Costello, James Daybell, Claire Fitzpatrick, Jenny
Graham, James Gregory, Daniel Grey, Louis Halewood, Daniel Maudlin, Joel
Merriner, Ella S. Mills, Elaine Murphy, Simon Topping, Elizabeth Tingle,
Jameson Tucker, Jody Patterson, and Nicola Wakeham, for their advice and
support during these years while I have been trying to find a balance between
feminist, visual, and historical approaches.
In the UK, the community of Trecento scholars in Giotto’s Circle con-
vened by Joanna Cannon remained the place to discuss various stages of the
book. I am grateful to Federico Botana, Laura Jacobus, and John Renner for
their continuing interest in my work and the opportunities to present at
Queen Mary University and the Murray Seminar at Birkbeck. In the USA,
the same goes for the Trecento Forum convened by Judith Steinhoff, and I thank
her and the organizers of the Andrew Ladis Memorial conference for allowing
me to test some of the core arguments.
vii
INTRODUCTION
precedes the binary opposition of rape-prone and rape-free, and the initial
question is how the constructed perception veils or exposes the underlying
violence and abuse.
To preempt some of the conclusions of this study: The early Renaissance
material is important since it indicates an attempt to shift the perception of rape
toward a critical register in some urban communities. Even if this attempt
ultimately failed, it remains an important landmark in the history of misogyny
and patriarchy.
In her pioneering monograph Images of Rape – The “Heroic’” Tradition and its
Alternatives (1999), Diane Wolfthal examined the medieval and early modern
representations of sexual violence in European art.13 Wolfthal convincingly
showed that some representations in the period can oscillate between mis-
ogynistic and sporadic critical attitudes. The main reason for reopening the
discussion about this material is that, in her study, Italian works were touched
upon only in passing, since most examples came from German, French, and
Netherlandish contexts. No comprehensive monograph has been dedicated to
the subject in the context of late-medieval and early renaissance Italy, and thus
the radicality and public political nature of this imagery remains unexplored.
The few specialist studies on the Italian Renaissance rightly note the com-
modification of sexual violence, but the absence of systematic engagement
with the earlier examples limits the scope of their conclusions: They describe
only the afterlife of a civic ideal without analyzing its origins.14 In this sense,
the book aspires to fill an important lacuna in medieval and renaissance visual
history, political iconography, and gender studies.
1.2 SEXUALITY
Considering the general views on human sexuality in the Middle Ages, this
novel understanding of rape is even more intriguing. Apart from procreation
within marriage, medieval Christians considered any sexual activity sinful, a
form of lust, and penetration without consent was branded with other non-
violent wrongdoings like adultery or sodomy.15 This assessment underlined the
common sexual ground of these acts and downplayed the use of force. With
simplification, it can be said that sexual violence was not regarded as a repulsive
transgression, because most forms of sexuality were banned. Furthermore, the
gravity of rape was weakened also through omnipresent gender inequality:
Medieval societies penalized men who deviated from legal and societal norms
less than women. In most historical reconstructions of sexuality, the emphasis is
therefore put on the repressive nature of medieval views, being damaging and
often reactionary. However, for rape, it appears that, instead of too much
control, repression, or criminalization, the condemnation was too relaxed and
worked in favor of male aggressors. Therefore, any interpretation must
acknowledge the determining impact of restrictive structures on everyday
sexuality in general and at the same time criticize the insufficiency of said
constructs to protect a significant part of the population – women and girls.
This double bind also haunts Michel Foucault’s volumes on The History of
Sexuality, where medieval limits on corporeal pleasures are a form of control
over and an obstacle to ecstatic (male) sexuality without fully considering that
in the case of rape this boundary is ultimately rooted in another (female)
person’s will and bodily integrity.16
1.3 POLITI CS
that even women regarded rape a social harm because of the reduced marriage
prospects.30 This perspective can plausibly be extended to the period before
1500. It does not mean that physiological constants such as pain and suffering
were absent and therefore can be ignored, but in the end sexual violence was
framed, narrated, and rationalized in light of its social dimension. Women had
little agency over these stories, and men were anyhow more concerned with
public consequences. And they politicized and condemned rape first by
transforming the physical injury of the victim into a domestic harm to the
honor and wellbeing of the family, and subsequently converting it into a
collective harm to the honor and wellbeing of the city. The patriarchy of
condemnation replaced the misogyny of endorsement.
The collective condemnation of rape had its roots in the Italian political
system of city-republics, rather different from the rest of Europe. For Norbert
Elias, societies in Europe underwent a significant transformation between
medieval and early modern times, which was marked by the gradual expansion
of social constraints and their interiorization on behalf of the individual,
especially through the mechanism of shame.31 The transition from warrior to
courtier describes how the open use of power in a politically fragmented
landscape was replaced by civilized conduct at the centralized court, which
enforced a behavioral model of “manners” through a web of social and
economic interdependences.32 This reconstruction implies that sexual violence
was submitted to the same moderation (comparable to farting): The frequency
and scale of mass rape was reduced as the center was able to impose its values
on the rest of the realm. This tendency concluded with the elimination of
sexuality from the viable topics of public discussion in the sixteenth century.33
One may have the impression that by confining sexuality, the “civilizing”
process solved in fact the issue of rape in Europe, and it now belonged only to
the “barbaric” past of the Middle Ages.
However, the fading of sexuality (and sexual violence) from public discourse
does not necessarily mean its removal from everyday life.34 Rape continued to
be a part of domestic and wartime contexts, sometimes documented and
occasionally prosecuted. For instance, even the sporadic records of the
Gonzaga court in Mantua (1490–1700) reveal a wide variety of violent sex
crimes.35 Cases include rape of a woman on pilgrimage and a nun in the
convent, an attempt on a seven-year-old girl, nonconsensual defloration of a
virgin (and a subsequent attack on her mother), a girl raped while tied to the
bed, and gang violence by an armed group of four.36 Nicholas Terpstra’s
investigative work about the House of Compassion in Florence reconstructed
a complex and telling case in the sixteenth century. The orphanage for young
girls facilitated their systematic sexual exploitation by the city’s elite, resulting
in diseases, abortions, and deaths.37 But it is also true that, during this change of
conduct, discourses and images of rape were sanitized, and the indications of
violence and suffering were moderated. The creation of these filtered repre-
sentations, where sexual violence is implied without being fully formulated
and criticized, was a way to balance behavioral expectations with prevalent
practices. In our current understanding, the “civilizing” process shifted the
perception of sexual violence in the public sphere: Denial and sanitization
replaced open endorsement.
Italy is a case apart and complicates this developmental scheme. Instead of a
binary model where misogynistic endorsement is substituted by complicit and
erotized silence, it offers us a more intricate story. In Italy, the true challenge to the
endorsement of sexual violence were the condemnatory political opinions in the
early fourteenth century. The sanitization of rape from the fifteenth century
was not a result of “civilizing” violent behaviors, but a diluted version of the
republican ideology. This had its parallels in the transformation of the political
environment. While Elias focused on the transformation of feudal kingdoms
where the move from chaotic territorialism to monarchial order was straightfor-
ward, the development of Italian city-states led to an alternative urban model. In
the feudal system warriors were turned into courtiers under the beneficial and
strict influence of the sovereign; and as long as European royal and princely courts
tolerated the sanitization of rape, there was no strong incentive to change this
perception. In this courtly context adultery was considered a more likely threat to
the purity of the bloodline and could lead to the execution of the female consort.
Agnese Visconti, wife of Francesco Gonzaga, was beheaded in 1391, Beatrice
Tenda, wife of Filippo Maria Visconti, had the same fate in 1418, and so did
Parisina Malatesta, wife of Niccolò III d’Este, in 1425.38
Female rulers nuance this pattern, even if their attempts might have fostered
sanitizing tendencies: The appearance of fine love in France can be connected to
Eleanor of Aquitaine (1122–1204), whereas Isabella d’Este (1474–1539) had her
fair share in the dissemination of eroticized mythology at noble Italian courts.39
Women-led artistic commissions deviated little from customary subject matter.40
Fina Buzzacarini (d. 1378), consort of lord Francesco da Carrara, exerted
considerable influence over the fresco decoration of the Baptistery in Padua.
Her interventions reflected on female agency in biblical contexts but, in the end,
they emphasized the successful delivery of a male heir.41 Some male rulers appear
to be more inclusive than others, such as Frederick II in his Liber Augustalis (1231).
The status of rape survivors in English literature became an issue in the fourteenth
century: Geoffrey Chaucer, in The Wife of Bath’s Tale (c. 1388–1396), pondered
about the social costs of sexual violence, whereas the anonymous author of Sir
Orfeo (c. 1300) and John Gower in his Confessio Amantis (c. 1386–1390) described
its implications for political power and sovereignty.42 In the court of Philip the
Good of Burgundy (1419–1467), the illuminated manuscripts by the Wavrin
master addressed rape in the context of justice and reparation.43 These examples
show the topicality of the issue in Europe.
1.4 PAINTING
Painting, the primary form of visual expression, followed its own trajectory in
the period, which transformed the nature of communal propaganda. Shortly
before 1300, a novel naturalistic style was developed in Rome and Assisi,
which allowed detailed depictions of the human environment.51 It spread to
other parts of the Italian peninsula and the rest of Europe. Besides religious
entities (particularly the papacy and the Franciscan order), many of the com-
munes relied on this new and effective style to broadcast their understanding of
a political community.52 The importance of the first half of the fourteenth
century for civic imagery resided in the coming together of political and visual
factors: Despite the decline of city-republics, some still flourished, and at the
same time a sophisticated and effective pictorial language was finally at their
disposal to serve their communications.53 Many of the painters responsible for
these works were citizens of self-governed communities, which blurs the line
between patron and craftsman and suggests their interest and involvement in
civic iconography. Although they did not reject aristocratic patrons, they
showed less reliance on such commissions compared to their fifteenth century
successors, who would consider a court employment their primary goal and
had no issues with lending their brush to sanitized representation of sexual
violence for the satisfaction of their clients.54
This study is about images of rape, which has some consequences for its
scope and methodology. Although I will rely extensively on contemporary
legal and narrative sources, my aim is not to write an empirical history of sexual
violence in Italy. I assume that the difficulty if not the impossibility of such an
undertaking will gradually transpire: The type of documentation required by
such a forensic historical investigation does not exist. The sources available to
us are of a different nature. They indicate how contemporaries perceived and
regulated sexual violence. Instead of reporting what happened, they allow us
to trace how the question of rape became a public concern in the period. This
political understanding was not an isolated phenomenon, but it emerged from
the interaction of several contexts. Rape was discussed and represented in
medicine, law, religion, literature, ancient and contemporary history writing,
and in political thought. It was not a unified concept, its vocabulary and
comprehension differed between these areas. Therefore, the contemporary
perceptions of rape were not in unison, and they varied between endorsement,
sanitization, and condemnation.
Images are exceptional sources to investigate perceptions, since they offer
condensed visual statements as opposed to the sequential nature of textual
arguments. To depict something indicates an interest in and commitment to
the subject matter, and it focalizes opinions. This concentration has nothing to
do with the alleged immediate relation between image and reality: Similarly
to their textual counterparts, visual signs are cultural constructs and not direct
imprints of the real.55 Furthermore, the vast majority of the representations do
not depict factual events, and in the handful of examples where this is the case,
compositional and iconographic considerations can still overwrite the photo-
graphic documentation of incidents. In painting, naturalistic representation
does not equal direct representation of an empirical reality. This independence
of the image should not be considered a deficiency; on the contrary, it is this
freedom that allows the visual to formulate different ideas and expresses similar
ideas differently.
In the period texts were the primary sources of the imagery. In this respect
legal, literary, or historical content, just to name a few, do control several
components of the image. I will build on this dependence but, instead of
establishing and prioritizing such derivations, I believe the symbiotic relation
between the textual and the visual to be the key here. Texts do not fully
regulate images; they generate a complex hermeneutical link to them. The
image transposes a narrative etude, discursive argument, or poetic metaphor
into the visual realm. In this process, aspects of the text are retained or
eliminated, and some new elements are added. By default, the image develops
a new commentary of the text and, at the same time, the text remains present
to reinterpret the image as a particular statement about itself. This general
characteristic of visual sources can be particularly important for the question of
sexual violence. If the text endorses or condemns rape but the image does not
show the assault, then the representation becomes a form of denial. In such
images, absence could be more significant than any representational content.
Similarly, sanitized images can soften the endorsement or weaken the con-
demnation of sexual violence, which may otherwise dominate the text.
A condemnatory image may challenge the misogynistic focus of its source
and document radical perceptions absent in writing. Even if the image
reinforces the message of the text and vice versa, this correlation results more
in a dynamic alignment of attitudes rather than in a monolithic view. The
combination of these two elements can therefore lead to multiple messages,
where the beholder is caught between diverging or converging textual and
visual ideologies, and to some extent compelled to reflect on, if not to resolve,
the difference. Again, this variability is not a deficiency but an expression of
plurality in painting and writing about sexual violence, which shows that,
instead of belonging to a strict coda, these ideas and perceptions were very
much in flux.
Besides texts, images are also influenced by other images. However, the
dynamic link between text and image implies the futility of a reductive visual
history on rape. Such visual history would presuppose an uninterrupted chain
of images, where contents, compositions, and gestures are transferred from
representation to representation in an orderly manner. Although sometimes
this is the case, and manuscript traditions together with workshop practices can
lead to the reuse of preexisting models, many examples appear to be new visual
inventions. The originality of the composition can signal the importance of the
subject matter and the authenticity of the attitude, but this cannot be ruled out
for recycled images either. Whenever possible, I will identify visual derivations
with the caveat that recognizing the compositional source does not establish
the significance of a representation, which is dependent on iconographic and
contextual considerations. Despite the role of pictorial prototypes, the impact
of images was primarily the result of the dynamic interaction with the experi-
ences, ideals, and aspirations of their intended audiences, which can be traced
in a variety of written sources.
Depicting rape in this period ultimately meant inventing or bringing
together visual codes of violence and sexuality. The pictorial shift toward
naturalism around 1300 had at least two major consequences. Firstly, it facili-
tated a move from a notational visual language of gestures toward a complex
rendering of bodies and their interaction. Even metonymical strategies profited
from the detailed representation of swords (referring to the penis) or openings
(referring to the vagina). The grabbing of the wrist no longer sufficed to
indicate sexual aggression: Various parts of the body were seized, clothes were
torn off, and women could be attacked in bedrooms and pools or on streets
and roads. However, the change from indication to enactment was ambiguous:
It increased the possibility for empathy with the victim but also with the
perpetrator. It permitted the sanitization of rape imagery through the gradual
nudity of the female victim, even if nudity in itself was not necessarily the
source of the erotic.56 Combined with violence, the images could turn into a
form of sado-eroticism, to use Madeline H. Caviness’ term, where in a scopic
scenario the male viewer found gratification in the sexualized agony of the
female body.57 Rape in this respect became part of medieval and early renais-
sance representations of torture and violence.58 Secondly, naturalism allowed
the extended cognitive framing of scenes, which was particularly important
to establish the context of endorsement or condemnation. Narrative and
allegorical sequences could guide the interpretation and, hence, the reception
of the images. This control was exactly required because of the amplified
expressivity of the representations. Without such interpretative frames, the
explicit imagery was bound to become eroticized – the trajectory it followed
in early modernity.
I have noted that the imagery reflects primarily the intentions of its com-
missioners and painters: They speak with a male voice, and they presuppose a
male gaze. We know very little about these patronal and authorial intentions
apart from the intricate visual and textual patterns that have come down to us.
In any case, patriarchal attitudes appear to dominate various forms of endorse-
ment, denial, or condemnation, and sanitization is linked to voyeuristic male
NOTES
1 Susan Brownmiller, Against Our Will: Men, Women and Rape (New York: Bantam, 1976),
6–34.
2 On wartime rape: Kathy L. Gaca, “Girls, Women, and the Significance of Sexual Violence
in Ancient Warfare,” in Sexual Violence in Conflict Zones, ed. Elizabeth Heineman
(Philadelphia: University of Pennsylvania Press, 2011), 73–88; Anne Curry, “The Theory
and Practice of Female Immunity in the Medieval West,” in Sexual Violence in Conflict
Zones, ed. Elizabeth Heineman (Philadelphia: University of Pennsylvania Press, 2011),
174–188; Raphaëlle Branche and Fabrice Virgili (eds.), Viols en temps de guerre (Paris:
Payot&Rivages, 2013); and Michela Ponzani, Guerra alle donne: partigiane, vittime di stupor,
‘amanti del nemico’ 1940–45 (Turin: Einaudi, 2012), 171–52.
3 Alexandra Stiglmayer, “The War in Former Yugoslavia,” in Mass Rape: The War against
Women in Bosnia Herzegovina, ed. Alexandra Stiglmayer (Lincoln: University of Nebraska
Press, 1994), 14–26. See also articles 7 (1) (g) 1–6, article 8 (2) (b) (xxii) 1–6, and article 8 (2)
(e) (vi) 1–6 in the International Criminal Court’s Elements of Crimes (The Hague:
International Criminal Court, 2011), 8–10, 28–30, and 36–39; and United Nations
Security Council Resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960
(2010), 2106 (2013), and 2122 (2013).
4 Catharine A. MacKinnon, “Turning Rape into Pornography: Postmodern Genocide,” in
Mass Rape: The War against Women in Bosnia Herzegovina, ed. Alexandra Stiglmayer
(Lincoln: University of Nebraska Press, 1994), 73–81, at 74.
5 Maria Eriksson, Defining Rape: Emerging Obligations for States under International Law?
(Leiden: Martinus Nijhoff, 2011), 259–339.
6 Article 7 (1) (g) 1–6 in the International Criminal Court’s Elements of Crimes (2002).
7 Corinne Saunders, Rape and Ravishment in the Literature of Medieval England (Cambridge:
D. S. Brewer, 2001), 1–33.
8 Mieke Bal, “Scared to Death,” in The Point of Theory: Practices of Cultural Analysis, ed. Mieke
Bal and Inge E. Boer (New York: Continuum, 1994), 36–39. For the critical implications of
a historical approach toward rape: Roy Porter, “Rape – Does It Have a Historical
Meaning?,” in Rape, ed. Sylvana Tomaselli and Roy Porter (Oxford: Basil Blackwell,
1986), 216–236.
9 Joanna Bourke, Rape: A History from 1860 to the Present Day (London: Virago, 2007), 5–18.
For a reconstruction of the tendencies in France from sixteenth to twentieth centuries:
Georges Vigarello, Histoire du viol XVIe–XXe siècle (Paris: Seuil, 1998). For a systematic
review of the atrocities against women in Hungary and on the challenges of historical
documentation: Andrea Pető, Elmondani az elmondhatatlant [Telling the Untellable]
(Budapest: Jaffa, 2018), 9–31.
10 Jennifer L. Airey, The Politics of Rape: Sexual Atrocity, Propaganda Wars, and the Restoration
Stage (Newark: University of Delaware, 2012), 1–30; Amanda C. Pipkin, Rape in the
Republic, 1609–1725: Formulating Dutch Identity (Leiden: Brill, 2013).
11 John Horne and Alan Kramer, German Atrocities, 1914: A History of Denial (New Haven:
Yale University Press, 2001), 196–202 and 302–306; Ruth Harris, “The ‘Child of the
Barbarian:’ Rape, Race and Nationalism in France during the First World War Author,”
Past&Present 141 (1993): 170–206.
12 Louise Edwards, “Drawing Sexual Violence in Wartime China: Anti-Japanese Propaganda
Cartoons,” The Journal of Asian Studies 72 (2013): 563–586.
13 Diane Wolfthal, Images of rape: the “heroic” tradition and its alternatives (Cambridge:
Cambridge University Press, 1999), 7–99.
14 Cristelle L. Baskins, Cassone Painting, Humanism and Gender in Early Modern Italy
(Cambridge: Cambridge University Press, 1998), 128–187; Jerzy Miziołek, “Florentine
Marriage Chests Depicting the Story of Lucretia and the War with Giangaleazzo
Visconti,” in Art and Politics, ed. Francis Ames-Lewis and Piotr Paszkiewicz (Warsaw:
Institute of Art, 1999), 31–43; Yael Even, “Commodifying Images of Sexual Violence
in Sixteenth-Century Italian Art,” Source: Notes in the History of Art 20 (2001): 13–19;
Yael Even, “The Emergence of Sexual Violence in Quattrocento Florentine Art,”
Fifteenth-Century Studies 27 (2002): 113–128; Yael Even, “On the Art and Life of
Collective Sexual Violence in Renaissance Italy,” Source: Notes in the History of Art
23 (2004): 7–14.
15 Ruth Mazo Karras, Sexuality in Medieval Europe: Doing unto Others (New York: Routledge,
2005), 87–149.
16 Foucault’s planned text on the late Middle Ages has not been written, his views can be
inferred from the introductory volume and the posthumous publication on late-antiquity.
Michel Foucault, The History of Sexuality – An Introduction, tr. Robert Hurley (New York:
Vintage Books, 1990), 17–35. During a roundtable discussion in 1977 he suggested that the
definition of rape should focus exclusively on the physical aggression involved in the act
and disregard its sexual aspects. He drew a parallel between a punch in the face and the
thrust of the penis into the vagina, claiming that they represented the same type of physical
violence. Michel Foucault, Politics, Philosophy, Culture, tr. Alan Sheridan and others (New
York: Routledge, 1988), 200–204. Although this was a step toward the liberation of the
body from sexual compartmentalization, the proposition disregarded the perspective of the
victim. Sexual difference remains a constitutive aspect of these offenses. Monique Plaza,
“Our Damages and Their Compensation. Rape: The Will Not to Know of Michel
Foucault,” Feminist Issues 1 (1981): 25–35.
17 Robert Mills, Seeing Sodomy in the Middle Ages (Chicago: The University of Chicago Press,
2015), 1–24.
18 For reassessments of medieval queer studies: Karl Whittington, “Queer,” Studies in
Iconography 33 (2012): 157–168; Karl Whittington, “Medieval Intersex in Theory,
Practice, and Representation,” Postmedieval: A Journal of Medieval Cultural Studies 9 (2018):
231–247; and Roland Betancourt, Byzantine Intersectionality: Sexuality, Gender, and Race in
the Middle Ages (Princeton: Princeton University Press, 2020), 121–160.
19 Leah DeVun, The Shape of Sex: Nonbinary Gender from Genesis to the Renaissance (New York:
Columbia University Press, 2021), 134–162.
20 Michael Camille, The Medieval Art of Love (London: Laurence King, 1998), 8–25 and
94–155.
21 David Freedberg, The Power of Images: Studies in the History and Theory of Response (Chicago:
University of Chicago Press, 1989), 317–377.
22 Jill Burke, The Italian Renaissance Nude (New Haven: Yale University Press, 2018), 93–157.
For the European context: Thomas Kren, Jill Burke, and Stephen J. Campbell (eds.), The
Renaissance Nude (Los Angeles: J. Paul Getty Museum, 2018).
23 Una Roman D’Elia, The Poetics of Titian’s Religious Paintings (Cambridge: Cambridge
University Press, 2005), 69–76.
24 James Grantham Turner, Eros Visible: Art, Sexuality and Antiquity in Renaissance Italy (New
Haven: Yale University Press, 2017), 12-192.
25 Bette Talvacchia, Taking Positions: On the Erotic in Renaissance Culture (Princeton: Princeton
University Press, 1999), 3–19.
26 Christine de Pizan, The Book of the City of Ladies, tr. Rosalind Brown-Grant (London:
Penguin, 1999), 147 (II, 44).
27 Virginia Cox, Women’s Writing in Italy, 1400–1650 (Baltimore: Johns Hopkins University
Press, 2008), 1–36.
28 Laura Cereta, Collected Letters of a Renaissance Feminist, ed. and tr. Diana Robin (Chicago:
University of Chicago Press, 1997), 70–71.
29 Cassandra Fedele, Letters and Orations, ed. and tr. Diana Robin (Chicago: University of
Chicago Press, 2000), 23.
30 Elizabeth S. Cohen, “The Trials of Artemisia Gentileschi: A Rape as History,” The
Sixteenth Century Journal 31 (2000): 47–75; and Elizabeth S. Cohen, “No Longer Virgins:
Self-Presentation by Young Women in Late Renaissance Rome,” in Refiguring Women:
Perspectives on Gender and the Italian Renaissance, ed. Marilyn Migiel and Juliana Schiesari
(Ithaca: Cornell University Press, 1991), 169–191.
31 Norbert Elias, The Civilizing Process, tr. Edmund Jephcott, rev. ed. (Malden: Blackwell,
2000), 365–379 (4.1) and 414–421 (4.6).
32 Elias, The Civilizing Process, 236–256.
33 Elias, The Civilizing Process, 142–160.
34 Hans Peter Duerr persuasively argued that, far from being eradicated, sexual violence
subversively persisted after the sixteenth century up to the present days (together with
other forms of obscenity). Hans Peter Duerr, Obszönität und Gewalt (Frankfurt: Suhrkamp,
1993), 391–412.
35 Matteo Bernardelli, “Il diritto sessuale: crimine e peccato all Corte dei Gonzaga,” in ‘El più
soave et dolce et dilectevole et gratioso bochone’ – Amore e sesso al tempo dei Gonzaga, ed.
Constantino Cipolla and Giancarlo Malacarne (Milan: FrancoAngeli, 2006), 87–123, at
92–103 and 110–115.
36 Constantino Cipolla and Giancarlo Malacarne (eds.), ‘El più soave et dolce et dilectevole et
gratioso bochone’ – Amore e sesso al tempo dei Gonzaga (Milan: FrancoAngeli, 2006), 366–367,
419–420, 444–445, and 454–458.
37 Nicholas Terpstra, Lost Girls: Sex and Death in Renaissance Florence (Baltimore: Johns
Hopkins University Press, 2012).
38 Élisabeth Crouzet-Pavan and Jean-Claude Marie Vigueur, Décapitées: Trois femmes dans
l’Italie de la Renaissance (Paris: Albin Michel, 2018), 21–52 and 70–80.
39 Joan Kelly, “Did Women Have a Renaissance?” in Joan Kelly, Women, History and Theory:
The Essays of Joan Kelly, ed. Joan Kelly (Chicago: University of Chicago Press, 1984), 19–50.
Kelly’s interpretation underlines the freedom of upper-class women before the Renaissance
and considers courtly love as a genuine expression of respect toward the lady. See Chapter 6
for further discussion of the French material. For Isabella d’Este and her art patronage:
Constantino Cipolla, “Introduzione,” in ‘El più soave et dolce et dilectevole et gratioso bochone’ –
Amore e sesso al tempo dei Gonzaga, ed. Constantino Cipolla and Giancarlo Malacarne
(Milan: FrancoAngeli, 2006), 9–44, at 33–40; Stephen Campbell, The Cabinet of Eros:
Renaissance Mythological Painting and the Studiolo of Isabella d’Este (New Haven: Yale
University Press, 2006), 17–115.
40 See, for instance, the works commissioned by Queen Marie of Brabant: Tracy Chapman
Hamilton, Pleasure and Politics at the Court of France: The Artistic Patronage of Queen Marie of
Brabant (1260–1321) (London: Harvey Miller, 2019).
41 Anne Derbes, Ritual, Gender & Narrative in Late Medieval Italy: Fina Buzzacarini and the
Baptistery of Padua (Turnhout: Brepols, 2020), 35–65 and 263–324.
42 Suzanne M. Edwards, The Afterlives of Rape in Medieval English Literature (London: Palgrave,
2016), 82–135.
43 Rosalind Brown-Grant, Visualizing Justice in Burgundian Prose Romance: Text and Image in
Manuscripts of the Wavrin Master (1450s–1460s) (Turnhout: Brepols, 2020), 167–230.
44 Louis Green, “The Image of Tyranny in Early Fourteenth-Century Italian Historical
Writing,” Renaissance Studies 7 (1993): 335–351 and E. Igor Mineo, “Necessità della
tirannide. Governo autoritario e ideologia della comunità nella prima metà del
Trecento,” in Tiranni e tirannide nel Trecento italiano, ed. Andrea Zorzi (Rome: Viella,
2013), 59–75.
45 Stephen Greenblatt, Renaissance Self-Fashioning: From More to Shakespeare (Chicago:
University of Chicago Press, 1980), 9.
46 Lauro Martines, Power and Imagination: City-states in Renaissance Italy (London: Allen Lane,
1979), 149–175; Fabrizio Ricciardelli, The Myth of Republicanism in Renaissance Italy
(Turnhout: Brepols, 2015), 31–67.
47 Niccolò Machiavelli, The Prince, ed. and tr. Quentin Skinner and Russell Price
(Cambridge: Cambridge University Press, 1988), 59 (XVII).
48 Francesco Guicciardini, Dialogue on the Government of Florence, ed. and tr. Alison Brown
(Cambridge: Cambridge University Press, 1994), 23.
49 Giuliano Milani, I comuni italiani (Bari: Laterza, 2005), 108–158.
50 Philip Jones, The Italian City-State: From Commune to Signoria (Oxford: Clarendon, 1997),
521–650.
51 John White, The Birth and Rebirth of Pictorial Space (London: Faber and Faber, 1967), 19–56.
52 Hans Belting, “Das Bild als Text: Wandmalerei,” in Malerei und Stadtkultur in der Dantezeit:
die Argumentation der Bilder, ed. Hans Belting and Dieter Blume (Munich: Hirmer, 1989),
23–64; and Klaus Krüger, Politik der Evidenz: Öffentliche Bilder als Bilder der Öffentlichkeit im
Trecento (Göttingen: Wallstein, 2015).
53 A comprehensive study of this communal visual propaganda in painting remains a desider-
atum. Helene Wieruszowski, “Art and the Commune in the Time of Dante,” Speculum 19
(1944): 14–33; Brendan Cassidy, Politics, Civic Ideals and Sculpture in Italy, c. 1240–1400
(London: Harvey Miller, 2007), 87–149 and 201–229.
54 Martin Warnke, The Court Artist: On the Ancestry of the Modern Artist, tr. David McLintock
(Cambridge: Cambridge University Press, 1993), 1–74.
55 W. J. T. Mitchell, “What Is an Image?” New Literary History 15 (1984): 503–537.
56 Sherry C. M. Lindquist, “The Meanings of Nudity in Medieval Art: An Introduction,” in
The Meanings of Nudity in Medieval Art, ed. Sherry C. M. Lindquist (Burlington: Ashgate,
2012), 1–45.
57 Madeline H. Caviness, Visualizing Women in the Middle Ages: Sight, Spectacle and Scopic
Economy (Philadelphia: University of Pennsylvania Press, 2001), 84–85.
58 Robert Mills, Suspended Animation: Pain, Pleasure and Punishment in Medieval Culture
(London: Reaktion Books, 2005), 106–144; Scott Nethersole, Art and Violence in Early
Renaissance Florence (New Haven: Yale University Press, 2018), 39–143; Assaf Pinkus, Visual
Aggression: Image of Martyrdom in Late Medieval Germany (University Park: Pennsylvania State
University Press, 2021), 82–96. Mills and Pinkus attempted to soften Caviness’ conclusions
about the gratification of the male gaze through the historical framing of the imagery.
I believe that the sado-eroticism of these representations, intentional or not, remains their
fundamental aspect.
VICTIMS OF LUST
20
2.1. Giovanni da Modena, Hell, after 1408, fresco, Chapel of the Magi, San Petronius
basilica, Bologna. Photo library of the Federico Zeri Foundation.
2.2 Giovanni da Modena, Lust, detail of Hell, after 1408, fresco, Chapel of the Magi, San
Petronius basilica, Bologna. Photo library of the Federico Zeri Foundation.
the overcrowded cycle who establishes direct eye-contact with the viewer.
Her figure is carefully choreographed between decorum and exposure. The
breasts are emphatically visible, whereas her genitalia are hidden by her raised
leg and the demon’s flippered-foot. Giovanni da Modane presents an attractive
and abused female body. The contextual reference to her immoderate hunger
and uncontrolled lust endorses the violence inflicted on her.
Below this emblematic scene, the pit comprises several lustful sinners.
A crowned male figure shrieks when two dog-headed demons torment him
with fiery pincers from behind. He is probably an adulterer (and not a
fornicator, kings were likely to be married) facing his partner, whose hands
are similarly tied behind her back. She is not targeted for the moment, but her
elaborate hairstyle stands for her vanity. Their bodies appear to touch each
other by the genitalia, he is steeping between her legs, possibly as an indication
of heterosexual contact. Below them, a sodomite is skewered from anus to
mouth and roasted. The connection to his companion is underlined, since he
locks his gaze with his partner, who is holding the other end of the skewer in
his mouth. Although less evident, the grey-haired man on the right might also
be a sodomite. His chest is flogged and a demon on the right knees him in the
penis and pulls his head back by the hair.
In the center of the pit a young woman is walking away from her fanged
persecutor. Three fiery serpents revolve around her legs and body, her hands
are tied behind the back. Her hair is done similarly as the partner in crime of
the king, a strong indicator of vanity. She is presumably linked to the tonsured
friar behind her, whom she seduced and thus committed the sin of sacrilege by
violating his vow of chastity. They mirror each other’s movements, which
visually underlines the connection between the two. The friar is flogged with
thorny twigs, the woman is not hit at this moment. There is an uncanny
dynamic between she and her tormentor: Their gazes lock, similarly to the
sodomites, as if she is disarming him with her look. Her body is presented in
her full attractive glory and her half-way turned pose highlights her breasts
even more, while the genitalia remain hidden. She is not simply depicted
naked, she is a female nude, since the absence of clothes reinforces her beauty,
idealized for the male audience. Surrounded by adulterers, fornicators, and
sodomites, the context of lust justifies her detention, but the painter opted this
time for a seductive presence, which is about to be physically violated. She
stands in contrast to the other, who is about to be force-fed on the rock above
her: The aggression displays her future and at the same time she embodies the
reason for the aggression. Use of force is endorsed as a legitimate response to
female beauty. In the semiotics of the fresco, the removal of genitalia from
sight further sanitizes this violence: Penises and vulvas are hidden, so the actual
organs of lust are eliminated. Furthermore, placed above the impaled sodom-
ite, the difference between the two transgressions is highlighted. The
instrument-driven punishment of sodomy appears sadistic, where human
contact is relegated to the operation of the machinery. Sexual aspects of the
encounter are displayed as repulsive through the violation of the anus. The use
of force is about discarding this form of intercourse. In contrast, her corporeal
presence invites physical contact and presents heterosexual exchange as desir-
able and obtainable even by force.
The women in the San Petronius basilica were part of a religious rhetoric
that ran into unresolvable difficulties when defining lust, violence, and binary
sexuality in the context of sin. The rejection of corporeal pleasure concludes in
a sadomasochistic fantasy: The violation of female and male bodies.
To understand this contradiction, some parameters for the representation of
rape in the medieval church need to be established. While several contexts that
I will cover in the second part of the book can be labeled as secular in the sense
that they do not directly depend on biblical or broader religious sources, it
remains that romances, chronicles, or political allegories do not fully escape
from the fundamental matrix of Latin Christianity. What I offer here is neither
a final nor a comprehensive survey: Views on sexual violence were complex
within Christianity itself, and this complexity found its way to the rich
imagery.5 Defining the visual culture of sexual violence, therefore, is not a
saved the individual from the sin of lust (and eternal damnation), but it also
assured the flawless functioning of the political community here and now.
From this presentation it is clear that disturbances in the process of
procreation qualified as lust. The catalog of transgressions, largely based on
Gratian’s Decretum and to some extent the Roman legal matrix, comprised
simple fornication [fornicatio simplex], adultery or intercourse with a married
woman [adulterium], incest [incestum], intercourse with a virgin [stuprum],
abduction [raptus], sacrilege or intercourse with a nun [sacrilegium], and sodomy
or a vice against nature [vitium contra naturam].17 Aquinas relied on two
fundamental notions while banning these practices.18 First, whether the sexual
act could actually generate an offspring to be raised in a family. Fornication,
the union of unmarried people, was discarded since it cannot offer a lawful
home to the child and therefore destroyed the fabric of society.19 Gratian
specifically listed widows, prostitutes, and concubines, and, although
Aquinas broadened this to a general category, his explanation also referred
to prostitutes.20 Second, vice against nature covered masturbation and all
forms of non-vaginal intercourse, regardless of the species (bestiality) or sex
(sodomy) of the participants, and it was banned because of the biological
impossibility of conceiving a child.21 These two distinctions demarcated
sexual activity outside wedlock and branded them sinful with all its theo-
logical, moral, and social implications. It is also evident that, during these
acts, aggression was an irrelevant factor – in terms of canon law, one could
not violate a prostitute or a concubine, and rape was not recognized
between same-sex partners.
The medieval economy of sexual violence concerned female victims, who
had some sort of protected status due to their social situation: virgins, wives,
and nuns.22 Intercourse with them already came under the rubric of lust, but
it was more problematic since it threatened the prevailing order of sexuality:
The ability of the virgin to start a family, the role of the wife in maintaining
the bloodline, and the spiritual union of the nun with the Lord. The status of
the victim added a second-level consideration to the sin of lust. Moreover,
the use of force was mentioned in relation to abduction.23 In this respect, one
can say that rape was recognized as a crime, but it was relegated to a third-tier
discourse on sexuality, ranking behind general considerations about lust and
specific considerations about the status of the victim. For Aquinas, and in
canon law, the absence of a straightforward terminology further weakened
this recognition. The Latin words denoted intercourse with a virgin [stuprum],
a married woman [adulterium], or a nun [sacrilegium], and they did not indicate
the use of force. They became rape when they were combined with abduc-
tion [raptus], but violence could equally refer to the removal from the family
home (against her or her guardian’s will) and the breach of the hymen. The
closing article of the Summa Theologiae on the section of lust summarized
these differences (still ranking the unnatural vices, such as sodomy, the
highest):
Now it is more against reason to make use of the venereal act not only
with prejudice to the future offspring, but also so as to do harm [iniuria]
to another person besides. Wherefore simple fornication, which is com-
mitted without harm to another person, is the least grave among the
species of lust. Then, it is a greater harm to have intercourse with a
woman who is subject to another’s authority as regards the act of
generation, than as regards merely her guardianship. Wherefore adultery
is more grievous than intercourse with a virgin. And both are aggravated
by the use of violence [per violentiam]. Hence abduction and rape [raptus]
of a virgin is graver than intercourse with a virgin, and abduction and
rape [raptus] of a wife than adultery. And all these are aggravated by
coming under the head of sacrilege.24
In this conclusion Aquinas neatly followed his previous points, but he also
made clear the hierarchy of transgressions. Unlike Gratian, he linked abduction
to married women and shifted slightly the emphasis from capture to the use of
force.25 In the end, the reference to violence related the issue to the problem of
consent. It echoed Pope Alexander III’s decretal Veniens ad nos (undated,
probably after 1176), stating that a valid marriage required in the first place
free and voluntary consent on both sides and not only sexual intercourse.26
This change in canon law intended to reduce the legal possibility of marriage
by abduction, and therefore by rape. From a theological perspective, Aquinas
account of lust and violence did not accord a place for same-sex aggression. It
followed a tradition prevalent in Latin Christianity from the twelfth century
that persecuted male–male relations under the banner of sodomy.27
Although marriage was a matter for canon law and the church, it had
implications for the urban community and therefore it was regulated in secular
law. During the thirteenth century, consent gradually became a key compon-
ent of rape legislation across Europe.28 In Italy, the general conceptual matrix
of sex crimes operated with comparable distinctions but, given the geograph-
ical and chronological spread of statutes, several variations emerged. Based on
earlier rules and privileges of urban life, around 1200 statutory law already had
authority over Roman law in the city-states.29 Maria Grazia Nico Ottaviani
noted the focus on abduction, which characterizes early legislation.30 The
twelfth-century Pisan constitution considered abduction in the context of a
valid marriage without referencing sexual violence.31 The statutes of the
Podestà of Colle Val d’Elsa in 1341 differentiated between abduction of and
intercourse with women by force [per vim carnaliter cognite] and reserved the
right to torture the suspects, like in the case of murder and robbery.32 The
statutes of Montepulciano (1337) included the tariff for virgins (hundred lire)
and stipulated that, in case both parties were unmarried, the perpetrator could
power.43 In the statutes of Verona (1327) rape was only described circumstan-
tially: The recommended penalty for intercourse with a married or unmarried
woman, with or without her consent, was equally 300 lire for the male party.44
The use of force was only relevant insofar as whether the female victim’s
husband should lose her dowry or pay a fine of 100 lire. If they claimed that the
woman was raped, and they failed to prove it, this triggered another penalty of
100 lire. Here the legislation discouraged rape charges, because they were
considered a loophole to reject the accusation of consensual adultery.
Regarding sodomy and male rape, the initial blanket condemnation (death
by burning) seemed to transform in some cities during the fourteenth century.
Michael Rocke noted that, in Florence, initial legislation in 1325 involved
castration for those who sodomized boys, and a fine of 100 lire for those aged
between 14 and 18 who allowed themselves to be sodomized. In 1365 the
penalty was changed to death by burning for “passive” and “active” partici-
pants, but at the same time the concept of violent sexual assault was intro-
duced, including full absolution for the victim.45 In Siena, on the other hand,
the entry on sodomy in 1309–1310 did not differentiate either between forced
and consensual same-sex intercourses (the penalty was equally 300 lire) or the
age of participants.46 In 1334–1341 the interdiction was significantly extended
and included four age bands (ages 14–20, 20–30, 30–40, and above 40 years)
with gradually increasing penalties (from 100 lire to death by burning).47 The
bands indicate an attempt to punish same-sex relationships between young
boys less severely than those where there is a significant age gap between the
involved parties.
Another key factor for visual representations appears to be the wording of
the statute itself, since it can be formulaic or descriptive. Descriptive legal texts
might facilitate the visualization of the crime. Guido Ruggiero has observed
that in Venice the legal (normative and procedural) language of heterosexual
rape remained antiseptic in the period using standard expressions, especially
compared to the vivid descriptions of sodomy; and this can be generally
accepted for the Italian peninsula.48 Descriptive statutes with narrative details
on heterosexual rape were rare. For instance, the statutes of Montopoli (1360)
obliged the rapist of a virgin to pay 100 lire if he was above 16 years old but it
was waived if he married her. The fine was reduced to 25 lire if he only seized
and threw her on the ground without corrupting her.49 The absence of
narrative details indicates that the legislators were less interested in the physical
circumstances of the aggressions that the social status of the victim. This goes so
far that in some cases attempted rape drew the same penalty. The statutes of
Arezzo in 1327 considered sexual violence in the context of adultery and
similarly punished attempted and actual rape [per vim voluerit cognoscere vel
cognoverit aliquam mulierem].50 This is certainly an inclusive component, never-
theless, social compartmentalization remains, since the statute subscribed a
50 lire punishment for women “without a man” and 100 lire for married
women if they were of “honest life and good fame.” In Chapter 5 I will
examine more closely the Paduan and Sienese statutes on sexual violence and
suggest that Giotto’s Injustice and Ambrogio Lorenzetti’s War echo some of the
fundamental points in these legal texts: One making use of narrative descrip-
tion, the other relying more on marital status.
The normative texts on sexual violence does not mean that prosecution
against rape was widespread and successful. Trevor Dean cautioned that,
although the severity of the penalties increased in the second half of the
fourteenth century, this is not matched by an increase of rape cases in the trial
records.51 Samuel K. Cohn even detected a decrease in the prosecution of
violence against women in Florence (matched with a rise in trials against
sodomites).52 The difficulty to prove rape during a trial and fear of shame
may have been a factor in this. Carol Lansing examined a case brought
anonymously in front of Bologna’s criminal court in 1295, where Tomasina,
the victim, initially denied any wrongdoing against herself.53 After the perpet-
rator, Nicolao, admitted the crime (perhaps under torture), testimonies were
submitted about Tomasina’s status, indicating that she was a concubine, not a
lawful wife of someone. Following the character assassination, Nicolao was
convicted and fined probably for false testimony. Nevertheless, the limited
number of documented cases show a variety of transgression and sometimes
include severe violence. Trials in the territorial state of Florence around
1400 included rape of a 5-year-old commoner and an 11-year-old grandniece
roaring from pain, violation of nuns in the convent, kidnapping of women,
and gang violence against an unmarried girl.54 Similarly, the prosecution of
sodomy in Florence reveals several instances of gang rapes and violent assaults
against teenage boys leading to lacerated anuses at least in thirty-three cases.55
The question of consent and concerns around the burden of proof can be
seen in emperor Frederick II Liber Augustalis (1231), which examined in
unusual detail the dilemma of heterosexual rape from a male perspective.
Partially drawing on some legislations of King Roger II and King William II,
the emperor proposed a comprehensive reform to regulate the use of violence
in his realm, which included sex crimes at the beginning of Book One. The
first three articles dealt relatively straightforwardly with various categories of
women. The abduction [raptu] of nuns and novices or violence against them
was punished by death, and the abduction of virgins and widows could no
longer be excused by marrying the victims.56 It also offered legal protection to
prostitutes in a stand-alone article (following William II), which was highly
uncommon in the period. The passage emphasizes their miserable status and
the favor of the ruler forbidding that anybody should compel them to satisfy
“his will if they are unwilling.”57 The penalty was the same as for the
abduction and rape of nuns or novices if the wrongdoing was proven.
Prostitutes were still required to cry out for help and report the crime in eight
days unless they were detained during this time. Adultery is missing from this
discussion and, therefore, dissociated from rape. It is considered in Book
Three, and its focus is on the slitting of the noses of wives who cheat on their
husbands or of mothers who prostitute their daughters.
The emperor and his advisors apparently gave some thought to the pros-
ecution of rape cases.58 Violence against women had often been handled in
Sicily through “judgment by combat,” which the emperor wished to eradi-
cate. However, the question of how to investigate rape charges remained: “for
there is a very great risk for those accusers who can hardly or never prove their
accusations by common proofs since crimes of this kind are hidden from the
observations of men who are able to provide testimony of the truth.”59 As a
remedy, he would agree that confessions or testimonies of eyewitnesses of
sexual intercourse itself are sufficient for conviction and capital punishment.
For cases where this is not possible, he would reserve the right of the victim to
appeal to the emperor himself if the following criteria is met:
But if the real truth of the matter cannot be proved, but it is only proved
that a woman or another in her behalf has three times denounced
someone for tampering with her chastity by his actions or in some other
way to keep him from repeating this illegal presumption of his; and if he
is later found with the woman who is crying out and calling for help of
others with her screams, and if he is found in a struggle, or in flight, or
even in or near the house of this woman, or if he holds the woman
violently beneath him while he opens the guard of her virginity and
corrupts her or attacks her after she has been corrupted, while she is
crying out, we order that his case should be remitted to the knowledge of
our highness.60
concluded that the illustrations of sexual violence in the Decretum are less
explicit than the ones in the Sachsenspiegel and often blur the line between
seduction and rape, despite the text’s insistence on violence.67 François Garnier
suggested that sometimes removing the belt of a maiden indicates the loss of
virginity, but the ambiguity around consent remains.68 Barbara Pike Gordley
pointed out the significance of taking the wrist or handling the knife in the
context of sexual violence.69 She also briefly signaled that consensual inter-
course was depicted the same way as presumed rape, which may undermine
the possibility of a universal language of poses and gestures.
Notwithstanding the values of the comparative approach, I suggest that
additional insights can be gained by examining the depictions of rape and
consensual adultery in a single manuscript. Cases XXXI, XXXII, XXXIII, and
XXXVI all include some sort of illicit sexual union with a varying degree of
coercion. By contrasting the miniatures in a single manuscript, the slight
alterations within its visual language can be detected. The gestures have a
higher consistency vis-à-vis to each other within the same work, a micro-
cosmos of visual creation on its own. I examine the changing legal and
narrative aspects of the cases in two sets of illuminations: In the Decretum
now in the Vatican and the one in Geneva.70 Both works were made in
Bologna, which became the center of Italian manuscript production from
1250 with increasingly rich decorative programs.71 The Vatican copy is indica-
tive of a Byzantine style relying on a straightforward language of gestures
around the end of the thirteenth century, before the widespread adoption of
Giotto’s naturalistic compositions. On the other hand, the Geneva copy shows
full absorption of the naturalistic style, which is used to express nuanced
corporeal distinctions.72
The Vatican Decretum is symptomatic of the complex production of these
manuscripts. The identity of the commissioner is unknown, but the codex
contains an inscription on folio 35 0r naming the author of the work, a certain
Jacopino da Reggio: “like rose blooms from flowers, this book blooms from
books / painted by the hand of Jacopino da Reggio.”73 The inscription heralds
the outstanding qualities of the codex and credits its visual richness to the hand
of Jacopino. However, the connection between his possible vision for the
decoration and the images themselves are more complex, since the four
miniatures in question can be attributed to three different hands.74 Case
XXXI was possibly the work of a master trained in Modena.75 The illuminator
of case XXXII contributed also to the Bible of Clement VII, today in Paris.76
The images of cases XXXIII and XXXVI are attributed to the Master of
1311.77 Furthermore, Jacopino himself is solely mentioned to be a copyist
between 1269 and 1286.78 This begs the question of whether he is indeed an
illuminator, as the term “by his hand” in the inscription would imply, who
oversees the work of his peers while himself contributing to the work, or he is
responsible solely for the coordination of the images in the manuscript. In any
case, it signals the extent of collaboration behind the visual program. I will first
examine the description of the cases, the commentary, and the illustrations in
Vatican Decretum, after that I will turn to the imagery of the Geneva codex.
The first part of case XXXI revolves around marriage and adultery. “A man
seduced and had intercourse [constuprauit] with the wife of another. When her
husband died, the adulterer married the adulteress.”79 Although Gratian’s verb
constuprauit would allow us to read the intercourse as both consensual and
nonconsensual, the term adulteress indicates consent, even if the woman has
virtually no agency in the story. The first follow-up question, whether one
can marry a wife who “has been defiled [est polluta] by adultery” is ambiguous
in its terminology with regard to the act, but the reference to adultery here
also suggests willingness on behalf of both participants.80 The second part of
the case focuses on the arranged marriage of the daughter born from this
union against her own accord. The main concern here is the possibility of
girls and women to oppose or abandon the marital bond. Adultery dishonors
matrimony, and the use of violence remains a rather marginal factor. In the
commentary, Gratian further downplays coercion and mentions it only once.
He refers to the Council of Tribur (895) forbidding the union to a man who
“violated and raped” [stupro violasse] the wife of someone and promised to
wed her once her husband is dead. Although the deed is presented as an
aggression, the author considers disqualifying circumstances only the prema-
ture promise of matrimony and possible involvement in the death of the
husband.81
All in all, this story for Gratian was more about seduction and adultery than
sexual violence. The illuminator from Modena fully subscribed to this inter-
pretation of the image (Figure 2.3). The right side of the composition concen-
trates on the marriages of the mother and her daughter. Importantly, female
figures wear long robes that touch the ground, while male figures are dressed
in long tunics that nevertheless reveal their stockings [calze]. The seduction
takes place on the left, and it is framed by the arch of a building, which
separates it spatially and temporally from the main scene. The seducer is shown
from behind in his light purple tunic. He embraces the woman around the
waist and probably kisses her. The painter went a long way to express the
consent of the wife to this union. She embraces her lover, and her arms
are placed above his, visually discarding the possibility of physical coercion
(he would need to hold her arms down for that). Furthermore, the compos-
ition concentrates on her hands wrapped together behind his back. She is not
simply hugging him but ties him in an embrace. She is holding her right
wrist with her own left hand. Men grabbing women by their wrist is a
clear indicator of coercion, often rape.82 The woman holding her own wrist
discards any implication of male violence and underlines her willing
2.3. Jacopino da Reggio and collaborators, Case XXXI in Gratian’s Decretum, c. 1300, pigment
on parchment, fol. 271v, vat. lat. 1375, Vatican Apostolic Library, Vatican. © 2022 Biblioteca
Apostolica Vaticana.
2.4. Jacopino da Reggio and collaborators, Case XXXII in Gratian’s Decretum, c. 1300, pigment
on parchment, fol. 273v, vat. lat. 1375, Vatican Apostolic Library, Vatican. © 2022 Biblioteca
Apostolica Vaticana.
future wife, presented by her grandfather and father. On the right, dressed in a
long blue tunic, brown cloak, and black stockings he plots already her viola-
tion. He holds her lower arm, which foreshadows coercion, and with his right
hand pays the compensation for the subsequent attack on her. The hired rapist
Rarahu, Rarahu,
sinä loistat kuin kultainen rengas!
VENHELAULU.
II
Aikainen aamu.
Nymfit kylpevät pyöreässä metsäjärvessä
keltaisessa ja sinipunaisessa vedessä.
Oi puutarhani
— jähmettynyt ääni, hievahtamaton hekkuma —
minä pakahdun kanssasi liikkumattomassa riemussasi,
ja kaikki tuoksusi painavat raskaana harsona kasvojani — —
Ah, nouse, ponnahda, elä,
alastomana, kasteesta vihteänä,
mielettömän juhlan kohinana,
jokainen tuoksu pitkänä huutona! —
minä johdan kaikki kukkasi