Patriarchal Sexual Law
We live in a world of sexual license. Sexual freedom we could say. You can sleep with whoever you want and neither state authorities, nor most people, will interfere with your sexual life. You can even engage in the most unnatural, disgusting and disease-inducing activities; but criminal law just has nothing against you.
This alone is a sign that the patriarchy doesn't exist anymore. Patriarchies are systems in which all women belong to a man; the husband after marriage, the father before that, or the head of the household if she's a servant of some sort. Women have this uncanny ability to make men want to have sex with them, and at the same time prefer to have exclusivity in that matter. Not to mention the potential for disease or childbirth. So naturally their legal guardians had to take care that women, i.e. their property, was not captured by other men to have sex with them without proper compensation. As such, law regulating sex in the pre-modern period where every bit as complicated, and as harsh, as laws regulating finance and property in our day.
Imperial Chinese law on marriage is a lot of fun, but most interesting are their laws on fornication. Fornication belonged to criminal law, ever since the very first complete legal code on compiled during the early Tang Dynasty in 624, which has remained to us as the 唐律疏義 tánglü shūyì. More importantly, rape was understood as fornication + force, a more serious crime but nothing really different. Th...