Lex Scantinia

The Lex Scantinia (less often Scatinia) is a poorly documentedancient Roman law that penalized a sex crime (stuprum) against a freeborn male minor (ingenuus or praetextatus). The law may also have been used to prosecute adult male citizens who willingly took a passive role in having sex with other men. It was thus aimed at protecting the citizen's body from sexual abuse (stuprum), but did not prohibit homosexual behavior as such, as long as the passive partner was not a citizen in good standing. The primary use of the Lex Scantinia seems to have been harassing political opponents whose lifestyles opened them to criticism as passive homosexuals or pederasts in the Hellenistic manner.

The law may have made stuprum against a minor a capital crime, but this is unclear: a large fine may have been imposed instead, as executions of Roman citizens were rarely imposed by a court of law during the Republic. The conflation of the Lex Scantinia with later or other restrictions on sexual behaviors has sometimes led to erroneous assertions that the Romans had strict laws and penalites against homosexuality in general.

Latin has no words that are straightforwardly equivalent to "homosexual" and "heterosexual." The main dichotomy within Roman sexuality was active/dominant/masculine and passive/submissive/"feminized." The adult male citizen was defined by his libertas, "liberty," and allowing his body to be used for pleasure by others was considered servile or submissive and a threat to his integrity. A Roman's masculinity was not compromised by his having sex with males of lower status, such as male prostitutes or slaves, as long as he took the active, penetrating role. Same-sex relations among Roman men thus differed from the Greek ideal of homosexuality among freeborn men of equal social status, but usually with some difference in age (see "Homosexuality in ancient Greece" and "Pederasty in ancient Greece"). The adult Roman male who enjoyed receiving anal sex or performing oral sex was thought to lack virtus, the quality that distinguished a man (vir).

...
Wikipedia