Normally when I think of law practices in the 1700's, I assume they were biased, unfair, and primitive. The negative connotations of the Inquisition and the role of the church in the trial and punishment of criminals makes it seem like the system must be corrupt. So I was somewhat surprised by the cases that we read of sexual crimes in colonial Mexico. Particularly the case of Catarina Maria and Juan Teioa. The complexities of the record and what actually took place in the proceedings reminded me of Law and Order or another of the crime shows that are so popular on television today.
I think the reason that these shows are so popular is that they have complex plots and mysterious outcomes, and at the same time show us a lot about our society and the way that different people act within it. Sometimes they display people that are considered "different" or outside of the normal confines of society, but often they tell stories of people that seem perfectly normal but have terrible experiences that cannot be explained without extensive investigation and exploration. The Latin American crime records are no different, containing information about the way things worked on a regular basis and what happened when someone came forward who did not fit with the typical attitude and structure of society.
The first important piece of information to be noted in this case is that the primary players are all Indians. Catarina Maria was an Indian woman, but was able to file a complaint on her own, without a father or brother doing it on her behalf. Juan, similarly, was given equal rights of trial and access to lawyers. His sister, also an Indian, was the most powerful witness in the case, and could give her testimony without corroboration from a man or a Spaniard. These facts alone show the law system to be less unfair than I would have assumed.
The story of these people seems just as complicated as a television episode as well. Catarina accuses Juan of rape, he claims she seduced him, his sister corroborates the point, other people discuss her sexual exploits in the past... And all of these revelations take place within the system of the courts, through formal testimony and documented statements. Certainly this goes beyond the quick, biased condemnations that are most often associated with the period. In doing show, it gives us evidence for looking at the motivations of people during this time, which were often no different than the desires that motivate people today.
For instance, we can ask what Catarina Maria's motivations were for turning Juan in. Her primary witness, she claimed, was Juan's sister, who ended up testifying against her by relating the contents of her love letters to Juan. Surely she would have known what the sister would say. Perhaps when her family discovered that she was no longer a virgin she accused Juan of rape to throw the blame off of herself, and they encouraged her to press charges. Regardless of her reasoning, the complexity of the case shows that women involved in sexual crimes in the colonial period were not just either an innocent victim or a whore, but could have complicated relationships which affected their sentencing in court.
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