不過,就司法審判情況而言,明萬曆至清朝年間的此類案件,其實際案例多涉及發生性關係之後,與對方感情產生嫌隙,所引發的兇殺案。因此如果沒發生會鬧上官府的糾紛行為,和同雞姦其實並不會為官府所關注。據 Matthew. H. Sommer 利用清廷檔案的研究發現,和同雞姦案是在伴隨、牽扯到其他犯罪的情況下連帶判刑,和同雞姦不會單獨成案。[16][17][18][19][15]
^Passions of the Cut Sleeve: The Male Homosexual Tradition in China by Bret Hinsch; Review by: Frank Dikötter. Bulletin of the School of Oriental and African Studies, University of London, Vol. 55, No. 1(1992), Cambridge University Press, p. 170
^ 2.02.1Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 56
^Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. pp. 35–36.
^ 4.04.1Kang, Wenqing. Obsession: male same-sex relations in China, 1900-1950, Hong Kong University Press. Page 3
^Matthew Harvey Sommer. Sex, Law, and Society in Late Imperial China. 2000: 116 [2020-10-19]. (原始内容存档于2020-11-04). Futhermore, in the Qing archives I have yet to find a single case of consensual sodomy being punished in the absence of other, more serious crimes.
^Obsession: Male Same-Sex Relations in China, 1900-1950. From the early 1920s to the early 1930s, translators of Western sexology were divided between those who pathologized homosexuals for their social immorality and those who praised same-sex love as the foundation for a human utopia.……As the Japanese invasion deepened the national crisis from the late 1930s on, these conservative writers continued to blame men who had sex with other men for the misfortunes of the nation, and progressive literary writers also made an effort to erase the history of male same-sex relations in the Peking opera eld.