Doncellas, violators and common aggressors: Understanding honor and punishment in cases of estupro and non-sexual assault in late colonial Guatemala

Abstract

Comparing cases of rape and non-sexual assault in late colonial Guatemala reveal the legal, intellectual and social milieu of the early nineteenth century. Based on the Siete Partidas, and medieval judicial culture, late colonial law allowed litigants of rape more flexibility to negotiate honor and punishment than did records of non-sexual assault. Litigants of non-sexual assault illustrated the importance of honor on a daily basis. For those involved in cases of rape, honor became the central theme debated during the length of the trials. Resulting from how jurists defined rape in the late colonial era, in trials of rape, court officials allowed convicted defendants more flexibility, than those found guilty of non-sexual assault, to negotiate punishment.