It seemed to be rather common, that although gay sex was illegal, lesbian sex more or less went unnoticed by the law.
One reason was surely that men (who made the laws) saw women not really as sexual beings who were capable of passion, desire and so on.
In Germany, 175 (since the 19th century) said that gay sex was illegal while sex between women wasn't mentioned. In the 1920s the punishment got lighter and I think I have read somewhere that it stood a good chance to be taken out of the lawbooks.
Then the Nazis came and increased the punishment again and after the war the Nazi version of 175 was left in the Criminal Code. Because even though the increase in punishment took place under Nazi rule, there really wasn't anything wrong or questionable about it.
(which had the consequences that a lot of gay men that had spend years in concentration camps, were freed and then promptly sent to prison for a few years)
Anyway, in the 50s or 60s (not sure) two men who had been convicted because of 175, tried to get it deleted in constitutional court by saying that it conflicted with the constitutional right of equality of men and women. They failed, and the grounds for the dismissal was the difference between the male and the female sex drive.
I'm not sure (it's been a while since I've read the verdict), but female sexuality was described as nurturing (the mother role), passively recieving, without sexual passion; in contrast to the male aggression and conquering, blah, blah, blah.
So if you take that view, it's clear that if you have two women, they'll have no real sex drive between them. They'll maybe care for and shelter each other (because of their maternal instincts) but they wouldn't really have the urge to become sexual.
Ergo, there is no lesbian sex. And if there is no lesbian sex, you don't need laws that deal with it.
