Tucked away in the Danish Royal Library in Copenhagen and the Bavarian State Library in Munich, some rare medieval manuscripts depict a surprising scene: a man and woman locked in a trial by combat. The illustrations show the man standing waist-deep in a hole, wielding a club, while the woman stands above him, swinging what appears to be a rock tied in a cloth. Both figures are drawn with intense expressions, their limbs bloodied and strained.
While these images may have recently surfaced on platforms like Reddit or X with misleading captions about medieval divorce practices, the reality behind them is far more complex and grim. These depictions reflect judicial duels, legal battles used to settle serious accusations like rape and sexual assault in 13th and 14th-century Germany, Austria, and Switzerland. Far from being a quaint relic of the past, these trials highlight the challenges faced in prosecuting sexual crimes—a struggle that persists even today.
The Grim Reality of Sexual Violence in Medieval Law
In the medieval world, rape was considered a severe crime, often met with swift punishment if the accused was found guilty. “It was a crime, a severe sexual crime, and there were consequences: prosecutions and executions,” says Albrecht Classen, a professor of German studies at the University of Arizona and author of Sexual Violence and Rape in the Middle Ages. However, for most victims, achieving justice was nearly impossible. Legal records from the time primarily document cases of sexual violence against women, and the burden of proof was often overwhelming for the victim.
Unlike today’s reliance on DNA evidence, medieval courts required a woman to scream during an assault to attract public witnesses who could later testify on her behalf. In cases involving young women, courts might summon a female medical examiner to inspect her hymen for signs of violation. Both methods had significant limitations, making convictions rare.
Trials by Combat: A Brutal Option for Justice
According to legal treatises from the 13th and 14th centuries, judicial duels between men and women were reserved for cases involving “notnunft,” a term encompassing rape, kidnapping, and other forms of sexual assault against women. When evidence was scarce or non-existent, courts turned to this extreme measure, says Ariella Elema, a legal historian who specializes in these duels.
For example, a 1276 law from Augsburg, a city in Bavaria, stated that a woman could accuse a man of an unwitnessed rape, but the man could clear his name by swearing an oath of innocence. If the woman refused to accept his oath, she had two choices: abandon her case or challenge him to a duel.
During such duels, the man would stand in a waist-deep hole, armed with a club, while the woman circled above him with a rock tied in her sleeve. The consequences for losing were dire—execution for the man or amputation of the woman’s hand for committing perjury. In 1328, a Bavarian law book added further humiliation: the man’s left hand would be bound behind his back.
Rare but Symbolic Duels
While trials by combat were used to resolve various disputes, they were rare, Elema notes. Their primary purpose was to intimidate women from bringing unwitnessed rape accusations before the court. The mere threat of such a violent confrontation often led to non-violent settlements.
The only recorded instance of a judicial duel to settle a rape accusation in medieval Europe took place in Bern, Switzerland, in 1288. Against all odds, the woman won. Though details are scarce, a 1484 chronicle by Diebold Schilling the Elder mentions the duel briefly: “In the year 1288, as man counts, on the 8th day of Kindlen, a duel occurred in Mattequartier… and the woman was victorious.” Elema suggests that this woman’s success spread awareness of these duels across Europe, inspiring later depictions by artists like Hans Talhoffer.
Talhoffer’s Illustrations and Their Influence
Hans Talhoffer, a 15th-century German fencing master, is known for his detailed illustrations of judicial duels. Although he never witnessed these duels firsthand, his images—likely inspired by reenactments and fragmented historical records—remain some of the most vivid depictions. Talhoffer’s works were often created for specific students or as luxurious objects for noble clients, according to Michael Chidester, editor-in-chief of Wiktenauer, a research project focused on European martial arts.
However, Elema cautions that all medieval sources, including Talhoffer’s, come with limitations. “You’re working from a medieval source that’s working from an even older medieval source,” she says. “So that’s the question: how far is this reconstruction kind of devolving into its own fantasy land?”
Modern Echoes of Medieval Challenges
Despite the centuries separating us from these brutal trials, modern legal systems still struggle with the same issues—particularly in cases of sexual violence. The burden of proof remains disproportionately heavy for victims, and convictions are often hard to secure. Classen argues that understanding these medieval practices can shed light on contemporary problems. “The social struggles that we face today, say racism, rape, and misogyny, are continuations of the past,” he states.
