In partial fulfillment of the requirements for Dr. William Robison's course, Women in European History:
Debra Hamel’s Trying Neaira: The True Story of a Courtesan’s Scandalous Life in Ancient Greece is an account of the trial of a former prostitute in an Athenian court. Most of the information in the book comes from the speech of Neaira’s prosecutor, Apollodoros, during the trial, as the accounts of Stephanos’s defense and of the verdict by the jury are unfortunately lost. By comparing Apollodoros’s claims against other sources regarding Athenian law, and by testing their internal consistency, Hamel attempts to delineate the truth behind the life of Neaira. The details of the trial offer the reader insight into the legal system and roles of women in Greece.
Neaira’s trial served as a pretext for Apollodoros’s pursuit of revenge against Stephanos. According to the argument of Apollodoros, Neaira was an alien living with Stephanos as his wife in violation of Athenian law. Regardless of whether Neaira and Stephanos could be construed to be husband and wife, it was clear that Stephanos cared for Neaira. Stephanos had taken legal action against Apollodoros in the past, and Apollodoros sought his vengeance by attacking Neaira through a legal suit, a practice sanctioned by Athenian custom (127).
As a child, Neaira grew up in a brothel belonging to Nikarete. Nikarete owned Neaira as a slave, but as Nikarete’s brothel was a relatively high-class institution for prostitution, Neaira’s life was probably better than that of the pornai, or street prostitutes, though not as free as that of the hetairai, or female companions. Due to the sequestering of respectable women from the male population, unmarried men usually had to rely upon prostitutes, rather than women of the same stature as themselves, for both companionship and sex. Those who pursued respectable women instead could face adultery charges and punishment by the women’s fathers or husbands, which could vary from paying reparations to being violated with a large radish (69-70).
Eventually, once Neaira was in her twenties, her desirability as a prostitute declined, and Nikarete sold her to Timanoridas and Eukrates, two of her regular customers. Surprisingly, the two peaceably enjoyed joint custody of Neaira for a year or so, after which they were ready to get married. Perhaps for the sake of their wives, but more likely out of financial necessity, the two allowed Neaira to buy her freedom. With money from a former client, Phrynion, she was able to pay the money her owners requested. Afterward, she came to live with him, but she was not pleased to effectively be his hetairai. She left his home for Megara, another prostitution center, but economic troubles made the polis a poorer place to live than she expected (42-43).
It was while Neaira was in Megara that she met Stephanos, who stayed with her and enjoyed the pleasures of her company, both sexual and personal. Stephanos offered Neaira a home in Athens along with safety from her former host, Phrynion. She accepted and took to living with Stephanos along with his three children. Apollodoros argued in the trial that these children were Neaira’s, but considering the lack of information about them in Neaira’s life up until she met Stephanos, (48-49) it is just as likely that they were Stephanos’s own children.
Stephanos earned money as a sycophant, one who prosecuted cases on behalf of third parties, though the extent of his ethically questionable prosecutions was likely exaggerated by Apollodoros, who also claimed that Stephanos ran his house as a brothel that extorted its clients through false adultery charges. Stephanos had privately settled with Phrynion for temporary joint custody of her, which may have led to the stories of their household’s lack of monogamy.
The controversy about this less-than-ideal family unit came with the marriages of Phano, the daughter of Stephanos. Phano’s first husband, Phrastor, illegally divorced her without paying back his dowry, claiming that Phano was an alien and the child of Neaira. After that, a moichos named Epainetos was caught with Phano and required to pay for his freedom, leading to a suit by Stephanos to recover the money. The great issue was Phano’s second marriage to Theogenes, king archon of Athens, and her performance of exclusively Athenian rites (104). When he discovered the issue of her previous marriage and potential alien status, Theogenes divorced Phano. Apollodoros, vengeful due to Stephanos’s sycophantic lawsuits against him, would soon use this same question of the children’s parentage to accuse Stephanos of an illegal marriage.
Hamel’s arguments appear to favor Neaira and Stephanos, downplaying accusations of scandalous behavior. Despite this leaning, Hamel must rely almost exclusively on the prosecutorial speech of Apollodoros for details about Neaira’s life, a source with an obvious bias against this opinion. The comparisons to other sources of Greek law, such as Demosthenes, help to call into question some of Apollodoros’s more outrageous claims and to flesh out the book’s references, both of which serve to reduce the prosecutorial bias. As this argument is one of few surviving sources on the subject, it is necessary for Hamel to take this approach in analysis, but the extent of refutation suggests a preference to disprove contentious claims by Apollodoros.
For the most part, Hamel’s reasoning is logical and well-supported, revealing the weaknesses in Apollodoros’s arguments. However, Hamel likely overcompensates in regard to some details, such as Neaira’s presumed monogamy with Stephanos. This would even support Apollodoros’s claims that Neaira lived as Stephanos’s wife, which was undermined by his claims that Stephanos ran his home as a brothel. However, considering Neaira’s background as a prostitute, her lack of legal status as Stephanos’s wife, and the period during which she was shared with Phrynion, the perception that Neaira lived as Stephanos’s wife may be assumptive.
Ultimately, the question at hand is whether or not Neaira broke the law by living as the wife of Stephanos. She was almost certainly an alien, but due to the points above, it could easily be construed that Neaira was as much like a hetairai to Stephanos as like a wife. She helped raise Stephanos’s children, but if she did not bear them, she could be considered merely a caretaker and not their actual mother. Ultimately, at least in accordance with the modern standard of proof, Neaira should have been found to be innocent.