Revolution in der Bewertung des Sexuellen? Diskurse und Neuinterpretation sexuellen Verhaltens während der Vorbereitung des Josephinischen Strafgesetzbuches (1781–1787)

Soon after his accession to the throne, Joseph II initiated the creation of a new criminal code. It was to replace the â Constitutio Criminals Theresianaâ , instated by his mother. This criminal code was in some ways outdated, lacking all innovations based on natural laws. The official discussion about new laws, including sexual offences, led between 1781 and 1787, as well as the Emperorsâ views on the topic, facilitated both legal liberalisation and brought more freedom to the sexual life of the subjects. Only offences harming the state and society should be further prosecuted. Pre-marital sex was therefore no longer an offence, and adulterous relationships ceased to be punished as criminal offences liable to public prosecution. The majority of sexual practices were now placed among the less avenged crimes. The debate on onanism, prominent at the same time, supported the discussion on â healthy sexualityâ and the (medical) debate on an improvement of humoral regulation of the (male) body. In the course of these debates also ideas on state-run brothels emerged

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