Original scientific paper
https://doi.org/10.30925/zpfsr.39.3.1
SEXUAL ABUSE AND OTHER CRIMINAL ACTS OF VIOLENCE AGAINST WOMEN IN MEDIEVAL GERMAN LAW CODES WITH A FOCUS ON LEX SALICA AND LEX RIBUARIA
Željko Bartulović
orcid.org/0000-0003-1459-7875
; University of Rijeka Faculty of Law
Zrinka Erent Sunko
; Faculty of Law University of Zagreb
Vilma Pezelj
orcid.org/0000-0003-0599-5687
; Faculty of Law University of Split
Abstract
Through the exploration and analyse of German tribal codes, so called leges barbarorum, and among them the most known is The Salic Code (Lex Salica), authors concludes that German tribes showed astonishing vigour in the criminal law regulation concerned to acts of violence against women. Barbarian criminal law protection should be observed inside of circumstances and life conditions in The Middle Ages as well as principles and values different from those ones creates bases of modern
legal systems. Leges barbarorum contains classification of the criminal acts against women and determines sanctions according to the heaviness of criminal act that can be minimal fine, but very severe too, as confiscation of entire property, public physical punishment and deprivation of legal status. Homicides of pregnant women are specifically sanctioned as well as hiding and denying of criminal acts. The purpose of sanction was primarily to indemnify victim who was, in the case of sexual abuse, often not only traumatised but stigmatised too. Question remains whether Germanic tribes, so called “barbarians”, respected their own laws.
Keywords
barbarians; leges barbarorum; violence; rape; homicide; abduction; Lex Salica; Lex Ribuaria; Lex Visigothorum
Hrčak ID:
216558
URI
Publication date:
28.12.2018.
Visits: 2.657 *