Jewish Rachel Adler is associate professor of Modern Jewish Thought and Judaism and Gender at the School of Religion, University of Southern California and the Hebrew Union College Rabbinical School, Los Angeles. She writes in her 1998 book:"The Talmud also prescribes no penalty for sodomizing a very young boy. In the opinion of Rav, a very young boy is defined as less than nine years of age and, in the opinion of Shemuel, less than three (Sanhedrin 54b). This does not mean that these acts were necessarily well regarded,
but it does mean that what modern Jews consider heinous sexual
crimes carried no criminal penalties in these earlier Judaisms."
The Babylonian Talmud—"To the Orthodox Jew it is the authoritative text of Judaism, and its authority can only be denied at the risk of hersey"—in the Soncino English edition, tractate Sanhedrin, folio 54b, it is stated:
"
Sanhedrin 54bOur Rabbis taught: In the case of a male child, a young one is not regarded as on a par with an old one; but a
y
ou
ng beast is treated as an old one. What is meant by this? — Rab said: Pederasty (sex
with a boy) with a child below nine years of age is not deemed as pederasty with a child above that. Samuel said: Pederasty with a child below thre
e years is not treated as with a child above that.24 (I.e., Rab makes nine years the minimum; but if one committed sodomy with a child of lesser age, no guilt is incurred. Samuel makes three the minimum.)""This Baraita supports Rav, for it teaches that if a man engaged in homosexual intercourse with a child under the age of nine, he is exempt from liability." source
"If a boy under the age of nine perpetrated sodomy upon an adult, the adult is not liable for punishment, for the intercourse of a boy under nine years of age is not legally an act of intercourse. Since a child less than nine years old cannot commit sodomy, he can also not be the object of sodomy." source
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