# Psychopathia Sexualis/Chapter 5

V. PATHOLOGICAL SEXUALITY IN ITS LEGAL ASPECTS.
The laws of all civilized nations punish those who commit perverse sexual acts. Inasmuch as the preservation of chastity and morals is one of the most important reasons for the existence of the commonwealth, the state cannot be too careful, as a protector of morality, in the struggle against sensuality. This contest is unequal; because only a certain number of the sexual crimes can be legally combated, and the infractions of the laws by so powerful a natural instinct can be but little influenced by punishment. It also lies in the nature of the sexual crimes, that but a part of them ever reach the knowledge of the authorities. Public sentiment, in that it looks upon them as disgraceful, lends much aid.
Criminal statistics prove the sad fact that sexual crimes are progressively increasing in our modern civilization. This is particularly the case with immoral acts with children under the age of fourteen. The moralist sees in these sad facts nothing but the decay of general morality, and in some instances comes to the conclusion that the present mildness of the laws punishing sexual crimes, in comparison with their severity in past centuries, is in part responsible for this.
The medical investigator is driven to the conclusion that this manifestation of modern social life stands in relation to the predominating nervousness of later generations, in that it begets defective individuals, excites the sexual instinct, leads to sexual abuse, and, with continuance of lasciviousness associated with diminished sexual power, induces perverse sexual acts.
It will be clearly seen, from what follows, how such an opinion is justified, especially with respect of the increasing ​number of sexual crimes committed on children. It is at once evident, from what has gone before, that neuropathic, and even psychopathic, states are largely determinate for the commission of sexual crimes. Here nothing less than the responsibility of many of the men who commit such crimes is called in question.
Psychiatry cannot be denied the credit of having recognized and proved the psycho-pathological significance of numerous monstrous, paradoxical sexual acts. Law and Jurisprudence have thus far given but little attention to the facts resulting from investigations in psychopathology. Law is, in this, opposed to Medicine, and is constantly in danger of passing judgment on individuals who, in the light of science, are not responsible for their acts.
Owing to this superficial treatment of acts that deeply concern the interests and welfare of society, it becomes very easy for justice to treat a delinquent, who is as dangerous to society as a murderer or a wild beast, as a criminal, and, after punishment, release him to prey on society again; on the other hand, scientific investigation shows that a man mentally and sexually degenerate ab origine, and therefore irresponsible, must be removed from society for life, but not as a punishment.
A judge who considers only the crime, and not its perpetrator, is always in danger of injuring not only important interests of society (general morality and safety), but also those of the individual (honor).
In no domain of criminal law is co-operation of judge and medical expert so much to be desired as in that of sexual delinquencies; and here only anthropological and clinical investigation can afford light and knowledge. The nature of the act can never, in itself, determine a decision as to whether it lies within the limits of mental pathology, or within the bounds of mental physiology. The perverse act does not indicate perversion of instinct. At any rate, the most monstrous and perverse sexual acts have been committed by persons of sound mind. The perversion of feeling must be shown to be pathological. This proof is to be obtained by learning the conditions attending its ​development, and by proving the existence of a general neuropathic or psychopathic condition.
The species facti is important; but it allows, however, only presumptions, since the same sexual act, according as it is committed by an epileptic, paralytic, or a man of sound mind, takes on other features and peculiarities, in accordance with the manner in which it is done.
Periodical recurrence of the act under identical circumstances, and an impulsive manner in carrying it out, give rise to weighty presumptions that it is of pathological significance. The decision, however, must follow after referring the act to its psychological motive (abnormalities of thought and feeling), and after showing this elementary anomaly to be but one symptom of a general neuropathic condition,—either an arrest of mental development, or a condition of psychical degeneration, or a psychosis.
The cases discussed in the portion of this work devoted to general and special pathology will certainly be useful to the medical expert, in assisting him to discover the motive of the act. To obtain the facts necessary to allow a decision of the question whether immorality or abnormality occasioned the act, a medico-legal examination is required,—an examination which is made according to the rules of science; which takes account of both the past history of the individual and the present condition,—the anthropological and clinical data.
The proof of the existence of an original, congenital anomaly of the sexual sphere is important, and points to the need of an examination in the direction of a condition of psychical degeneration. An acquired perversity, to be pathological, must be found to depend upon a neuropathic or psychopathic state.
Practically, paretic dementia and epilepsy must first come to mind. The decision concerning responsibility will depend on the demonstration of the existence of a psychopathic state in the individual convicted of a sexual crime.
This is indispensable, to avoid the danger of covering simple immorality with the cloak of disease.
Psychopathic states may lead to crimes against morality, ​and at the same time remove the conditions necessary to the existence of responsibility, under the following circumstances:—
1. To oppose the normal or intensified sexual desire, there may be no moral or legal notions, owing to (a) the fact that they may never have been developed (states of congenital mental weakness); or to (b) the fact that they have been lost (states of acquired mental weakness).
2. When the sexual desire is increased (states of psychical exaltation) and consciousness simultaneously clouded, the mental mechanism is too much disturbed to allow the opposing ideas, virtually present, to exert their influence.
3. When the sexual instinct is perverse (states of psychical degeneration). It may, at the same time, be intensified.
Cases of sexual delinquency that occur outside of states of mental defect, degeneration, or disease, can never be excused on the ground of irresponsibility.
In many cases, instead of an abnormal psychical condition, a neurosis (local or general) is found. Inasmuch as the transitions from a neurosis to a psychosis are easy, and elementary psychical disturbances are frequent in the former, and constant in profound perversion of the sexual life, the neurotic affection—e.g., impotence, irritable weakness, etc.—exerts an influence on the motive of the incriminating act; and a just judge, notwithstanding the lack of legal irresponsibility due to mental defect or disease, will recognize the circumstances which ameliorate the heinousness of the crime.
For various reasons the practical jurist will, in all cases of sexual crimes, call medical experts to make a psychiatric examination.
To be sure, his own conscience and judgment must be the guides when necessity makes them his only reliance. Under the following circumstances indices are given which point to a pathological condition:—
The accused is senile. The sexual crime is committed openly, with remarkable cynicism. The manner of obtaining sexual satisfaction is silly (exhibition), or cruel (mutilation or murder), or perverse (necrophilia, etc.).
​From what experience teaches, it may be said that, among the sexual acts that occur, rape, mutilation, pederasty, amor lesbicus, and bestiality may have a psycho-pathological basis.
In case of lust-murder,—in as far as it goes beyond murder itself,—and likewise in case of mutilation of corpses, psychopathic conditions are probable.
Exhibition and mutual masturbation make pathological states seem very probable. Masturbation of another and passive onanism may occur in connection with senile dementia and contrary sexual feeling, but also with mere sensuality.
Cunnilingus and fellare (penem in os mulieris arrigere) have not thus far been shown to depend upon psycho-pathological conditions.
These horrible sexual acts seem to be committed only by sensual men who have become satiated or impotent from excessive indulgence in a normal way. Pædicatio mulierum does not seem to be psychopathic, but rather a practice of married men of low morality, who wish to prevent pregnancy; and of satiated cynics in non-marital sexual indulgence.
The practical importance of the subject makes it necessary that the sexual acts threatened with punishment as sexual crimes be considered by jurists from the stand-point of the medico-legal expert. Thus there is an advantage gained, in that the psycho-pathological acts, according to circumstances, are placed in the right light by comparison with analogous acts that fall within the domain of physiological psychology.
1. Offense Against Morality in the Form of Exhibition.
(Austrian Statutes, § 516; Abridgment, § 195. German Statutes, § 183.)
In man's present condition of civilization, modesty is a characteristic and motive so firmly fixed by centuries of education that presumption of a psycho-pathological element necessarily arises when public decency is coarsely offended.
The presumption is justifiable that an individual who in this way has offended public decency and his own self-respect was incapable of moral feeling (idiots); or that it has been lost ​(states of acquired mental weakness); or that he has acted while in a clouded state of consciousness (transitory insanity, states of partial consciousness).
A very distinctive act which belongs here is that of exhibition (exposure). The cases thus far recorded are exclusively those of men who ostentatiously expose their genitals to persons of the opposite sex, in some instances following them, without, however, becoming aggressive.
The silly manner of this sexual activity, or really sexual demonstration, points to intellectual and moral weakness; or, at least, to temporary inhibition of the intellectual and moral functions, with excitation of libido dependent upon a decided disturbance of consciousness (abnormal unconsciousness, mental confusion); and, at the same time, the virility of these individuals is called in question. Thus there are various categories of exhibitionists.
The first category includes states of mental weakness in which, owing to the causative cerebral (or spinal) disease, consciousness is clouded, and the ethical and intellectual functions are interfered with; and in which there can be no opposition made to a sexual desire that has either always been intense, or that has been intensified by the disease-process. At the same time, impotence exists, and no longer permits expression of the sexual instinct in violent acts (rape), but only in acts that are silly.
The majority of reported cases fall in this category. They are those of individuals afflicted with senile dementia, paretic dementia, or mental defects due to alcoholism, epilepsy, etc.
Case 167. Z., high official, aged 60; widower; father of a family. He had excited offense in that, during fourteen days, he had repeatedly exposed his genitals at his window, to a girl of eight years who lived opposite him. After a few months, under like circumstances, this man repeated his indecent act. At his examination he acknowledged the depravity of his action, and could give no excuse for it. Death, a year later, due to cerebral disease. (Lasègue, op. cit.)
​Case 168. Z., aged 78; seaman. He had repeatedly exhibited his genitals on children's play-grounds, and in the neighborhood of girls' schools. This was the only way in which he was active sexually. He was married, and the father of ten children. Twelve years before, he had suffered a severe head-injury, since which he had had a deep scar, which indented the bone. Pressure on this scar caused pain; at the same time his face would flush, his expression become fixed, and he would grow somnolent, with convulsive movements in the right upper extremity (apparently epileptoid state in connection with cortical disease). Besides, there was senile dementia and advanced senium. It is not reported whether the exhibition coincided with epileptoid attacks or not. Senile dementia proved; pardoned. (Dr. Schuchardt, op. cit.)
Pelanda (op. cit.) has reported a number of cases of this kind:—
1. Paralytic, aged 60. At the age of fifty-eight he began to exhibit himself to women and children. In the asylum at Verona, for a long time thereafter, he was lascivious and also attempted fellatio.
2. A drinker, aged 66, suffering with folie circulaire. His exhibition was first noticed in church during divine service. His brother was likewise an exhibitionist.
3. A drinker, predisposed, aged 49. He was always very excitable sexually; in an asylum on account of chronic alcoholism. He exhibited himself whenever he saw a woman.
4. A man, aged 64; married; father of fourteen children. Great predisposition. Rachitic, microcephalic head. For years he had been an exhibitionist, in spite of repeated punishment.
Case 169. X., merchant, born in 1833; single. He had repeatedly exhibited himself to children, or even urinated at the same time; once, under these circumstances, he had kissed a little girl, driving her away. Twenty years previously X. had had a severe attack of mental disease, lasting two years, in which he is said to have had an apoplectic attack. Later, after loss of his fortune, he gave himself to drink, and of late years had often appeared absent-minded. His condition was that of alcoholism, senium præcox, and mental weakness. Penis small; phimosis; testicles atrophic. Proof of mental disease; pardoned. (Dr. Schuchardt, op. cit.)
Such cases recall the lasciviousness of youthful, sexually-excited persons that are still more or less boyish; but also that of many mature cynics of low morality, who find pleasure in defiling the walls of public closets, etc., with drawings of male and female genitals,—a kind of ideal exhibition which, however, is still widely separated from actual exhibition.
​Another category of exhibitionists is made up of epileptics. This category is essentially to be distinguished from the foregoing, in that a conscious motive for the exhibition is wanting; and it appears much more like an impulsive act which, without any consideration of external circumstances, is performed as if it were an abnormal organic necessity.
At the time of the act there is always a state of imperfect consciousness; and thus is explained the fact that the unfortunate individual, without consciousness of the meaning of his act, or, at least, without cynicism, does it in obedience to a blind impulse. On regaining consciousness, he regrets and abhors it if there is not permanent mental weakness.
The prime motive in this state of imperfect consciousness, as with other impulsive acts, is a feeling of apprehensive oppression. If a sexual feeling become associated with it, then the ideas are given a certain direction in the sense of a corresponding (sexual) act.
How sexual ideas very easily arise temporarily in epileptics may be understood from the discussion under "Epilepsy."
If, however, such an association has once been formed; if a particular act has taken place in an attack,—it is the more easily repeated in every subsequent attack; for, so to speak, a known tract has been established in the path of motivity.
The feeling of anxiety, with the state of imperfect consciousness, causes the associated sexual impulse to appear as a command,—an inner force, which is acted upon in a purely impulsive manner and in a state of absolute irresponsibility.
Case 170. K., a subordinate official, aged 29; of neuropathic family; living in happy marriage, and the father of one child. He has repeatedly, especially at dusk, exhibited himself to servant-girls. K. is tall, slim, pale, nervous, and hasty in manner. There is imperfect memory of the crimes. Since childhood there have been frequent severe congestive attacks, with intense flushing of the face, a rapid, tense pulse, and a fixed, absent stare. At the same time there were, now and then, confusion and vertigo. In this (epileptic) exceptional state K. would answer only after repeated questioning, and then it was as if he were waking from a dream. K. states that he has always felt excited and restless for some hours before his criminal acts, and experienced a feeling of fear, with ​oppression, and congestion of the head. In this condition he had often been giddy, and experienced an indistinct feeling of sexual excitement. At the height of such states he had left the house, without any purpose in view, and exposed his genitals anywhere. When he had reached home again, he had had but a dreamy remembrance of what had occurred, and felt very weak and depressed. It is also remarkable that, while exhibiting his genitals, he had used lighted matches to make them visible. The opinion was to the effect that the criminal acts depended upon epilepsy, and were imperative impulses; but he was, nevertheless, sentenced, with the assumption of extenuating circumstances. (Dr. Schuchardt, op. cit.).
Case 171. L., aged 39; single; tailor. His father was probably a drinker; he had two epileptic brothers, one of whom was insane. The patient himself has slight epileptic attacks, and from time to time states of imperfect consciousness, in which he runs about aimlessly, and thereafter does not know where he has been. He was considered a moral man, but he is now accused of having exhibited and played with his genitals in a strange house five or six times. His memory of these acts was very imperfect.
On account of repeated desertion from the army (probably likewise in epileptic states of imperfect consciousness), L. had been severely punished. In imprisonment he became insane with "epileptic insanity," was sent to the Charité, and from there discharged "cured." As far as the criminal acts were concerned, cynicism and wantonness could be excluded. That they were committed in a state of imperfect consciousness is probable from the fact, among other things, that to the policeman who arrested him, the "imbecile," who was then in a cloudy state of consciousness, was in a remarkable mental state. (Liman, Vierteljahrsschrift f. ger. Med., N. F. xxxviii, H. 2.)
Case 172. L., aged 37. From October 15th to November 2d, he had many times given offense, by exhibiting himself to girls in daylight on the open street, and even in schools, into which he forced himself. It happened occasionally that he wanted the girls to perform manustupration or allow coitus, and, when refused, he performed masturbation before them. In G., in a public-house, he rapped on the window, with his penis exposed, so that the children and servant-girl in the kitchen were forced to see it.
After his arrest it was ascertained that since 1876 L. had very frequently caused trouble by exhibitions, but had always escaped punishment, owing to the demonstration of mental disease by physicians. On the other hand, he had been punished for desertion and theft in the army, and, later, once, as a civilian, for stealing cigars. L. had repeatedly been in asylums on account of insanity (attacks of insanity). Besides, he was often remarkable on account of his changeable, quarrelsome character, occasional excitement, and inconstancy.
​L.'s brother died of paralysis. He himself presents no degenerative signs; no epileptic antecedents. During the time of observation he is neither insane nor mentally weakened. He behaves himself very well, and expresses great regret for his sexual crimes. About himself he states that, though no drinker, he occasionally has an impulse to drink. Soon after beginning, congestion of the head, vertigo, restlessness, anxiety, and oppression come on. He then passes into a dreamy state. An irresistible impulse now forces him to expose himself; and he then experiences a feeling of relief and breathes more easily. When he has once exposed himself, he knows nothing more of what he does. As precursors of such attacks, he had often, a short time before, had flames before the eyes, and vertigo. For the time of his clouded state of consciousness, he had but a clouded, dreamy memory.
It was only after a time that sexual ideas and impulses had become associated with these apprehensive, cloudy states of consciousness. Years ago, in such states, without motive and with great danger, he had deserted; once he had jumped from a third-story window; on another occasion he had left a good position to wander about aimlessly in a neighboring country, where he was at once arrested for exhibition.
When, outside of his abnormal periods, L. once became intoxicated, there was no exhibition. In the lucid state his sexual feeling and intercourse are perfectly normal. (Dr. Hotzen, Friedreich's Blätter, 1890, H. 6). For other instances, vide Cases 153, 155.
A clinical group that very nearly approaches the epileptic exhibitionists is made up of certain neurasthenic individuals, in whom, likewise, there may occur attacks (epileptoid?) of imperfect consciousness in connection with a feeling of apprehensive oppression; and with this sexual impulses may be associated, resulting in acts of exhibition having an impulsive character.
Case 173. Dr. S., academic teacher, had aroused public indignation by being seen repeatedly running about in the Zoological Garden at Berlin, before ladies and children, with his genitals hanging out. S. admitted this, but denied all thought or consciousness of causing public offense, and excused himself by saying that his running about with exposed genitals afforded him relief from nervous excitement. Mother's father was insane, and died by suicide; his mother was constitutionally neuropathic, a somnambulist, and had been temporarily insane. The culprit was neuropathic, had been a somnambulist, and had had continuous aversion to sexual intercourse with females. In his youth he ​practiced onanism. He was a neurasthenic man, shy, torpid, and easily became embarrassed and confused. He was sexually always much excited. Frequently he dreamed that he was running about with exposed genitals, or that, dressed only in a shirt, he hung from a fence with his head downward, so that the shirt fell down, exposing his erected penis. His dreams would induce pollution, and he would then have rest for a few days or an entire week.
Also, in his waking state, the impulse would often come upon him, just as in his dreams, to run about with exposed genitals. As he was about to expose himself, he would become very hot, and then he would run aimlessly about. The member would become moist with secretion, but pollution was never induced. Finally, when it had become flaccid, he would put it up, and then come to himself, glad if no one had seen him. In such conditions of excitement he seemed to be in a dream; as if intoxicated. He had never had the intention to offend women. S. was not epileptic. His declarations had the impress of truth. He had actually never followed or spoken to women while in this condition. Frivolity and coarseness were excluded. In agreement with Westphal, the author regards S. as belonging "to a class of individuals of peculiar hypochondriacal tendencies, in whom the attention is constantly directed, in an abnormal way, to certain bodily sensations and processes; who brood over these, connecting all kinds of peculiar conceptions with them, at last making use of quite as strange means to combat the bodily sensations and ideas." At least, S.'s act was due to pathological sensation and idea, and S. was in a condition of pathological disturbance of mental action at the time of the commission of his acts. In the case of this exhibitionist, the manner of satisfaction of the sexual instinct may be considered as peculiar to the individual. (Liman, Vierteljahrsschrift für gerichtel. Med., N. F. xxxviii, Heft 2.)
Case 174. X., aged 38; married; father of one child. Always sullen and silent. Suffers frequently with headache. Very neurasthenic, though not insane. He is troubled much at night by pollutions. He has repeatedly followed shop-girls, for whom he had lain in wait, exposing and handling his genitals. In one case he even followed a girl into a shop. (Trochon, Arch. de l'anthropologic criminelle, iii, p. 256.)
In the following case the exhibition seems subsidiary to the impulsive desire to satisfy sudden, intense libido, by means of masturbation:—
Case 175. R., coachman, aged 49, Vienna; married since 1866; childless. Father neuropathic and given to sexual excesses; died of cerebral disease. He presents no degenerative signs.
At the age of twenty-nine he suffered a severe concussion by falling from a height. Up to that time the vita sexualis had been normal. ​Since that time, every three or four months, he has been seized with very painful sexual excitement, accompanied by an intense desire to masturbate. A feeling of weariness and discomfort, with a desire for alcoholic indulgence, precedes this. In the intervals he is sexually cold, and has but very infrequent desire for his wife, who, moreover, for five years has been sick, and incapable of cohabitation. He gives the assurance that, as a young man, he never masturbated, and that, in the intervals between his attacks, he has never thought of satisfying himself sexually in this way.
The impulse to masturbation during the attack is always excited by certain feminine charms,—short cloak, pretty foot and ankle, elegant appearance. Age makes no difference; even little girls excite him. The impulse is sudden and unconquerable. R. describes the situation and act as characteristically impulsive. He had often tried to resist it; but then he would grow hot, terribly frightened, his head would burn, and he would seem to be in a fog; but he never lost consciousness. At the same time he would have violent, darting pain in the testicles and spermatic cords. He regretted it, but had to confess that the impulse was stronger than his will. In such a situation it forced him to masturbate, no matter where he might be. After ejaculation he would become calm, and regain his self-control. He regarded it as a terrible affliction. Defense shows that R. has been punished six times for similar offenses—exhibition and masturbation in the open street.
On November 4, 1889, R., while in his worst condition, happened to be in the street as a crowd of school-girls went by. This awakened his unconquerable impulse. There was not time to run to a closet, he was so excited. There was immediate exhibition, masturbation in front of a house,—great scandal and immediate arrest. R. is not weak-minded, and has no ethical defect. He bemoans his fate, deeply regrets his act, and fears new attacks. He regards his condition as abnormal,—as a fate against which he is powerless.
He thinks himself still virile. Penis abnormally large. Cremasteric reflex present; patellar reflex increased. Weakness of the sphincter of the bladder, that has existed for some years. Various neurasthenic difficulties.
The opinion showed that R. was subject to the influence of abnormal conditions, and had acted impulsively. Patient was sent to an asylum, from which he was discharged after a few months.
In the foregoing case the important point, clinically, lies not in the neurosis that is present, but rather in the impulsive character of the act (exhibition dependent on masturbation).
With the enumeration of the categories of imbeciles, of mentally weakened individuals, and of the exhibitionists that ​are in a neurotic (epileptic or neurasthenic) state of imperfect consciousness, apparently the clinical and forensic side of this phenomenon is still unexhausted; in addition to these, there is another class, the representatives of which, owing to deep hereditary taint (hereditary degenerative neurosis?), are impelled to periodical and very impulsive exhibition.
With reference to these conditions of psychopathia sexualis periodica (comp. "Periodical Insanity"), in which the accidentally-awakened impulse to exhibition is but a partial manifestation of a clinical whole, like dipsomania periodica, Magnan, from whom I borrow the following instructive cases, justly lays the greatest stress upon the impulsive, periodical feature of these abnormal impulses; and no less upon the fact that they are often accompanied by terrible anxiety, which, after the realization of the impulse, gives place to a feeling of relief.
These facts, and, no less, the clinical picture of degeneracy that, for the most part, is referable to injurious conditions that are hereditary, or that exercise an injurious effect on the development of brain in early years (rachitis, etc.), are, medico-legally, of decisive importance [with reference to the question of responsibility].
Case 176. G., aged 29, waiter in a café. In 1888, while standing under a church-door, he exhibited himself to several girls working opposite. He confessed the act, and also that, many times, in the same place and at the same time of day, he had been guilty of the same crime, having been punished for it, the year before, with imprisonment for one month.
G. has very nervous parents. His father is mentally unstable and very irascible. His mother is at times insane, and suffers with severe nervous disease.
G. has always had nervous twitching of the face, and constant alternation of causeless depression, with tedium vitæ, and periods of elation. At the ages of ten and fifteen, for slight cause, he wished to commit suicide. When excited, he has similar twitching of the extremities. He presents constant general analgesia. In prison he was at first beside himself with shame about the disgrace he had brought on his family, and said he was the worst of men, deserving the severest punishment.
Until his nineteenth year G. had satisfied himself with solitary and mutual masturbation, and, on one occasion, he had practiced onanism with a girl. From that time, working in a café, the female customers had excited him so intensely that ejaculation was often induced. ​He suffered with almost constant priapism, and, as his wife stated, in spite of coitus, it often disturbed his rest at night. For seven years he had repeatedly exhibited himself at his window, and also exposed himself naked to female neighbors living opposite.
In 1883 he married out of desire. Marital intercourse did not satisfy his needs. At times his sexual excitement was so intense that he had headache, and seemed confused, like one drunk, strange, and incapable of work.
Case 177. B., aged 27; of neuropathic mother and alcoholic father. He has one brother who is a drinker; and an hysterical sister.
After his eleventh year, onanism, solitary or mutual. After his fifteenth year, impulses to exhibition. He attempted it at a street-urinal; he felt pleasure in it, but also immediately twinges of conscience. If he attempted to oppose his impulse thereafter, he became apprehensive, and had a feeling of oppression in his chest. When a soldier, he was often impelled to expose himself, under various pretexts, to his comrades.
After his seventeenth year he had sexual congress with women. It gave him great pleasure to show himself naked before them. He continued his exhibition on the street. Since he could but infrequently count on female spectators at urinals, he changed his place to churches. In order to exhibit himself at such places, he always had to strengthen his courage by drinking. Under the influence of spirits, the impulse, at other times controllable with difficulty, became irresistible. He was not sentenced. He lost his position, and then drank more. Not long after, he was again arrested for exhibition and masturbation in a church.
Case 178. X., aged 35; barber's assistant. Repeatedly punished for offense against decency, he is again arrested; for, during three weeks, he had been hanging around girls' schools, trying to attract the attention of the pupils, and, when he had succeeded in this, had exhibited himself. Occasionally he had promised them money, with the words, "Habeo mentulam pulcherrimam, venite ad me ut eam lambatis." At his examination X. confessed everything, but did not know how it had come about. He was the most reasonable of men in other respects, but had the impulse to commit this crime, and could not overcome it.
In 1879, when in the army, he was once out on leave, and had run around exhibiting himself to children: imprisonment for a year. The same crime in 1881. He chased the crying children, and "stared" at them: imprisonment of one year and three months. Two days after his discharge, he said to two little girls: "If you want to see my tail, come with me to this (market) booth." He denied these words, and claimed drunkenness: imprisonment for three months.
In 1883, renewed exhibition; during the act he said nothing. At his examination he stated that, since a severe illness, eight years previously, he had suffered with such excitations: imprisonment for one month.
​In 1884, exhibition before girls in a church-yard; again in 1885. He declared: "I understand my crime, but it is like a disease. When it comes over me, I cannot keep from such acts. It sometimes happens that, for quite a long time, I am free from these inclinations." Imprisonment for six months.
Discharged on August 12, 1885, he had a relapse on August 15. The same excuse was given. This time he underwent medical examination. The examination revealed no mental disturbance. Sentenced to three years. After discharge, a series of new exhibitions. On this occasion, examination revealed the following:—
His father suffered with chronic alcoholism, and is said to have been guilty of the same crime. Mother and sister nervously ill, and the whole family of excitable temperament.
From his seventh to his eighteenth year X. suffered with epileptic convulsions. First cohabitation at sixteen; later, gonorrhœa and, it is stated, syphilis. After that, normal sexual intercourse until his twenty-first year. At that time he often had to pass a play-ground, and he occasionally had to urinate there; and it happened that the children looked at him, out of curiosity.
He noticed, occasionally, that this looking at him caused him sexual excitement, and induced erection, and even ejaculation. He now found more pleasure in this kind of sexual gratification, and became indifferent about coitus, satisfying himself only in this manner. He felt that all his thought was ruled by this, and he dreamed only of exhibitions, with pollutions. His attempts to control his impulse became more and more ineffectual. It came over him with such force that he noticed nothing around him, and saw and heard nothing, and was like one "devoid of reason,"—like "a bull trying to butt his head through a wall."
X. has an abnormally broad head. Small penis; the left testicle deformed. Patellar reflex absent. Symptoms of neurasthenia, especially cerebral. Frequent pollutions. For the most part, his dreams are about normal coitus, only infrequently about exhibition before little girls.
With reference to his sexual acts, he states that the impulse to seek and approach little girls is primary; only when he has succeeded in attracting their attention to his exposed genitals do erection and ejaculation occur. He does not lose consciousness in the act. After it he is troubled about his deed, and, if undiscovered, says to himself, "Once more I have escaped the authorities."
In prison he did not have the impulse; there, he was troubled only with dreams and pollutions. In freedom he had daily sought opportunity to satisfy himself with exhibition. He would give ten years of his life to be free from the thing; "this life of constant anxiety, this alternation between freedom and imprisonment, is unendurable."
The opinion assumed a congenital (?) perversity of the sexual ​instinct, with unmistakable hereditary taint, neuropathic constitution, asymmetry of cranium, and defective development of the genitals.
It is also worthy of remark that the exhibition began when the epilepsy ceased; so that one might think of a vicarious phenomenon.
The sexual perversity developed, with predisposition, through accidental association of ideas of sexual content (children looking at him while urinating) with an act that, in itself, was purposeless.
The patient was not sentenced, but sent to an asylum. (Dr. Freyer, Zeitschr. f. Medicinalbeamte, 3 Jahrg., No. 8.)
Case 179. At 9 o'clock at night, in the spring of 1891, a lady, in great trepidation, came to the policeman in the city park of X., with the statement that a man, absolutely naked in front, had approached her from the bushes, and she had run away, frightened. The officer went at once to the place indicated, and found a man, who exposed ventrem et genitalia nuda. He attempted to escape, but was overtaken and arrested. He stated that he had been sexually excited by alcohol, and had been on the point of going to a prostitute. On his way through the park, however, he recalled the fact that exhibition gave him much greater pleasure than was afforded him by coitus, in which he seldom, and only faute de mieux, indulged. After drawing up his shirt, he posted himself in the bushes, and, when two women came up the path, he approached them with exposed genitals. In such exhibition he had a pleasurable feeling of warmth, and the blood mounted to his head.
The accused works in a manufactory, and his employer states that he is faithful, saving, sober, and intelligent.
In 1886 B. had been punished because he had twice exhibited himself publicly,—once in broad daylight, and once at night, under a lamp.
B., aged 37, single, makes a peculiar impression, owing to his dandified dress and affected manner. His eyes have a neuropathic, languishing expression; around his mouth plays a smile of self-satisfaction. He is said to come of healthy parents. A sister of his father, and one of his mother, were insane. Others of their relatives were thought religiously eccentric.
B. has never had any severe illness. From childhood he was eccentric and imaginative. He loved romances about knights and others, was entirely absorbed by them, and even went so far as to identify himself in fancy with the heroes. He always thought himself a little better than others, and thought much of elegant dress and ornament; and when he strutted about on Sundays, he imagined himself a high official.
B. has never had epileptic symptoms. In youth, moderate indulgence in masturbation; later, moderate indulgence in coitus. Previously, never any perverse sexual feelings or impulses. Retired manner of life; in leisure hours, reading (popular novels, heroic tales, Dumas, ​and others). B. was no drinker. Exceptionally he made himself a kind of punch, by which he was always excited sexually.
For some years, with marked decrease of libido, after such alcoholic indulgence, he had had "accursedly silly thoughts," and developed the desire genitalia adspectui feminarum publice exhibere.
If he got into this state; he felt warm, his heart beat violently, blood rushed to his head, and he could then no longer resist his impulse. He heard and saw nothing more, and was absolutely absorbed in his lust. Afterward he had often pounded his crazy head with his fists, and firmly resolved never to do such a thing again; but the crazy ideas had always returned.
In his exhibition his penis became only half-erected, and ejaculation never occurred; even in coitus it was always tardy. In exhibition he was satisfied with genitalia sua adspicere, and he had the lustful thought that this sight must be very pleasant to women, since he liked so much to see genitalia feminarum. He was capable of coitus only when the puella showed herself very partial to him; without this, he preferred rather to pay and go without doing anything. In his dreams he exhibited himself to young, voluptuous women.
The medico-legal opinion recognized the hereditary psychopathic character of the culprit, and the perverse, impulsive desire to perform the incriminating acts; and pointed out, further, the remarkable fact that in B., who was otherwise sober and saving, the impulses to indulge in alcohol depended on abnormal conditions that recurred periodically, and forced him to indulge. That, during his attacks, B. was in an exceptional psychical state, in a kind of mental confusion, and absolutely absorbed in his perverse sexual fancy, is clearly shown by the species facti. Thus is explained the fact that he became aware of the approach of the police only when it was too late to try to escape. In this hereditary and degenerate impulsive exhibitionism, it is interesting to note how the perverse sexual impulse is awakened from its latency by the influence of alcohol.
A forensically important variety of exhibition, which, clinically, certainly rests upon a similar neurotic and degenerate foundation, and which expresses itself in a peculiar act, conditioned by violent libido (hyperæsthesia sexualis), associated with diminished virility, is made up of the so-called frotteurs.
The three following cases, borrowed from Magnan (op. cit.), are typical:—
Case 180. D., aged 44, hereditarily predisposed, drinker, and suffering with lead poisoning. Until the last year he had masturbated much, and often drawn pornographic pictures, and shown them to his acquaint​ances. He had repeatedly dressed himself as a woman in secret. For two years, since becoming impotent, he had felt desire, while in crowds at dusk, mentulam denudare eamque ad nates mulieris crassissimæ terere. Once, when discovered in the act, he had been sentenced to imprisonment for four months.
His wife kept a milk-shop. Iterum iterumque sibi temperare non potuit quin genitalia in ollam lacte completam mergeret. In the act he felt lustful pleasure, "as if touched with velvet." He was cynical enough to use this milk for himself and the customers. During imprisonment alcoholic persecutory insanity developed in him.
Case 181. M., aged 31; married six years; father of four children; badly predisposed; subject to melancholia at times. Three years before, he was discovered by his wife with a silk dress on, masturbating. One day he was discovered, in a store, in the act of frottage on a lady. He was very repentant, and asked to be severely punished for his irresistible impulse.
Case 182. G., aged 33; badly predisposed hereditarily. At an omnibus-station he was discovered in the act of frottage with his penis on a lady. Deep repentance; but he stated that at the sight of a noticeable posteriora of a lady, he was irresistibly impelled to practice frottage, and that he became confused and knew not what he did. Sent to an asylum.
Case 183. A frotteur. Z., born in 1850; of blameless life previously; of good family; private official. He is well-to-do financially; untainted. After a short married life he became a widower, in 1873. For some time he had attracted attention in churches, because he crowded up behind women, both old and young indifferently, and toyed with their tournures. He was watched, and one day he was arrested in the act. Z. was terribly frightened, and in despair about his situation; and, in making a full confession, he begged for pardon, for nothing but suicide remained for him.
For two years he had been subject to the unhappy impulse to go in crowds of people;—in churches, at box-offices of theatres, etc.—and press up behind females and manipulate the prominent portion of their dresses, having orgasm and ejaculation during the act.
Z. states that he was never given to masturbation, and had never been in any way perverse sexually. Since the early death of his wife, he had gratified his great sexual desire in temporary love-affairs, having always had an aversion for prostitutes and brothels. The impulse to frottage had suddenly seized him, two years before, while he happened to be in church. Though he was conscious that it was wrong, he could not help yielding to it immediately. Since then he had been excitable to the posteriora of females, and had been actually impelled to seek opportunity for frottage. The only thing on women that excited him was the tournure; every other part of the body and attire was a matter of indiffer​ence to him; and it made no difference to him whether the woman was old or young, beautiful or ugly. Since this began, he had had no more inclination for natural gratification. Of late frottage scenes had appeared in his dreams. During his acts he was fully conscious of his situation and the act, and tried to perform it in such a way as to attract as little attention as possible. After his act he was always ashamed of what he had done.
The medical examination revealed no sign of mental disease or mental weakness, but symptoms of neurasthenia sexualis,—ex abstinentia libidinosi(?),—which was also proved by the circumstance that even simple touching of the fetich with the unexposed genitals sufficed to induce ejaculation. Apparently Z., weakened sexually and distrusting his virility, and yet libidinous, had come to practice frottage by having the sight of posteriora feminæ fall together accidentally with sexual excitement; and this associative combination of a perception with a feeling permitted the former to attain the significance of a fetich.
As an act which offends public morals, and which is, therefore, punishable, the violation of statues—a whole series of cases of which Moreau (op. cit.) has collected from ancient and modern times—may be enumerated here. They are, unfortunately, given too much like anecdotes to allow satisfactory judgment of them. They always give the impression of being pathological,—like the story of a young man (related by Lucianus and St. Clemens, of Alexandria) who made use of a Venus of Praxiteles for the gratification of his lust; and the case of Clisyphus, who violated the statue of a goddess in the Temple of Samos, after having placed a piece of meat on a certain part. In modern times, the Journal L'événement of March 4, 1877, relates the story of a gardener who fell in love with a statue of the Venus of Milo, and was discovered attempting coitus with it. At any rate, these cases stand in etiological relation with abnormally intense libido and defective virility or courage, or lack of opportunity for normal sexual gratification.
The same thing must be assumed in the case of the so-called voyeurs,—i.e., men who are so cynical that they seek to ​get sight of coitus, in order to assist their virility; or who seek to have orgasm and ejaculation at the sight of an excited woman. Concerning this moral aberration, which, for various reasons, cannot be further described here, it will suffice to refer to Coffignon's book, "La Corruption à Paris." The revelations, in the domain of sexual perversity, and also perversion, which this book makes, are horrible.
2. Rape and Lust-Murder.
(Austrian Statutes, § 125, 127; Austrian Abridgment, § 192; German Statutes, § 177.)
By the term rape, the jurist understands coitus, outside of the marriage relation, with an adult, enforced by means of threats or violence; or with an adult in a condition of defenselessness or unconsciousness; or with a girl under the age of fourteen years. Immissio penis, or, at least, conjunctio membrorum (Schütze), is necessary to establish the fact. To-day, rape on children is remarkably frequent. Hofmann ("Ger. Med.," i, p. 155) and Tardieu ("Attentats") report horrible cases.
The latter establishes the fact that, from 1851 to 1875 inclusive, 22,017 cases of rape came before the courts in France, and, of these, 17,657 were committed on children.
The crime of rape presumes a temporary, powerful excitation of sexual desire, induced by excess in alcohol, or by some other condition. It is highly improbable that a man morally intact would commit this most brutal crime. Lombroso (Goltdammer's Arch.) considers the majority of men who commit rape to be degenerate, particularly when the crime is done on children or old women. He asserts that, in many such men, he has found actual signs of degeneracy.
It is a fact that rape is very often the act of degenerate male imbeciles, where, under some circumstances, the bond of blood is not respected.
Cases as a result of mania, satyriasis, and epilepsy, have occurred, and are to be kept in mind.
​The crime of rape may follow the murder of the victim. There may be unintentional murder, murder to destroy the only witness of the crime, or murder out of lust (v. supra). Only for cases of the latter kind should the term lust-murder be used.
The motives of lust-murder have been previously considered. The cases given in illustration are characteristic of the manner of the deed. The presumption of a murder out of lust is always given when injuries of the genitals are found, the character and extent of which are such as could not be explained by merely a brutal attempt at coitus; and, still more, when the body has been opened, or parts (intestines, genitals) torn out, and are wanting.
Lust-murders dependent upon psychopathic conditions are never committed with accomplices.
Case 184. Weak-mindedness, Epilepsy. Attempt at Rape; Murder.—On the evening of May 27, 1888, an eight-year-old boy, Blasius, was playing with other children in the neighborhood of the village of S. An unknown man came along and enticed the boy into the woods. The next day the boy's body was found in a ravine, with the abdomen slit open, an incised wound in the cardiac region, and two stab-wounds in the neck.
Since, on May 21st, a man, answering to the description given of the murderer by the children, had attempted to treat a six-year-old girl in a similar manner, and had only accidentally been detected, it was presumed to be a case of lust-murder. It was proved that the body was found in a heap, with only the shirt and jacket on; also, that there was a long incision in the scrotum.
Suspicion fell upon a peasant, E.; but, on confrontation with the children, it was not possible to identify him with the stranger who had enticed the boy into the woods. Besides, with the help of his sister, he proved an alibi. The untiring efforts of the officers brought new evidence to light, and finally E. confessed. He had enticed the girl into the woods, thrown her down, exposed her genitals, and was about to abuse her; but, as she had an eruption on her head, and was crying loudly, his desire cooled, and he fled.
After he enticed the boy into the woods, with the pretext of show​ing him a bird's nest, he was taken with a desire to abuse him. Since the boy refused to take off his trousers, he did it for him; and when the boy began to cry out, he stabbed him twice in the neck. Then he made an incision, just above the pubes, in imitation of female genitals, in order to use it to satisfy his lust. But, since the body grew cold immediately, he lost his desire, and, cleaning his knife and hands near the body, he fled. When he saw the boy dead, he was filled with fear, and his limbs became weak.
During his examination E. looked apathetically at a garland. He had acted in a state of mental weakness. He could not understand how he came to do such a thing. He must have been beside himself; for he often became senseless, so that he would almost fall down. Previous employers report that he had periods when he was devoid of thought and confused, doing no work all day, and avoiding others. His father states that E. learned with difficulty, was unskillful at work, and often so obstinate that one did not think to punish him. At such times he would not eat, and occasionally ran away and remained all day. At such times he also seemed quite lost in thought, screwed his face up, and said senseless things. When quite a boy, he still sometimes wet the bed, and often came home from school with wet or soiled clothing. He was very restless in sleep, so that no one could sleep beside him. He had never had playmates. He had never been cruel, bad, or immoral.
His mother gave similar testimony; and further, that, in his fifth year, E. first had convulsions, and once lost the power of speech for seven days. Sometime about his seventh year he once had convulsions for forty days, and was also dropsical. Later, too, he was often seized in sleep, and he often then talked in his sleep; and mornings, after such nights, the bed was found wet.
At times it was impossible to do anything with him. Since his mother did not know whether it was due to viciousness or disease, she did not venture to punish him.
Since his convulsions, in his seventh year, he had failed so in mind that he could not learn even the common prayers; and he also became very irascible.
Neighbors, persons prominent in the community, and teachers state that E. was peculiar, weak-minded, and irascible; that at times he was very strange, and apparently in an exceptional mental state.
The examinations of the medical experts gave the following results:—
E. is tall, slim, and poorly nourished. His head measures 53 centimetres in circumference. The cranium is rhombic, and in the occipital region flattened.
His expression is devoid of intelligence; his glance is fixed, expressionless; his attitude is careless, and his body is bent forward. ​Movements are slow and heavy. Genitals normally developed. E.'s whole appearance points to torpidity and mental weakness.
There are no signs of degenerative marks, no abnormality of the vegetative organs, and no disturbances of motility or sensibility. He comes of a perfectly healthy family. He knows nothing of convulsions or of wetting his bed at night, but he states that, of late years, he has had attacks of vertigo and loss of mind.
At first, in circumlocution, he denies the murder. Later, in great contrition, before the examining judge, he confessed all, and gave a clear motive for his crime. He had never had such a thought before.
He has been given to onanism for years; he even practiced it twice daily. He states that, for want of courage, he had never ventured to ask coitus of a woman, though in dreams such scenes exclusively passed before him. Neither in dreams nor in the waking state had he ever had perverse instincts; particularly no sadistic or contrary sexual feelings. Too, the sight of the slaughter of animals had never interested him. When he enticed the girl into the woods, his desire was to satisfy his lust with her; but how it happened that he tried such a thing with a boy, he could not explain. He thought he must have been out of his mind at that time. The night after the murder he could not sleep on account of fear; he had twice confessed already, to ease his conscience. He was only afraid of being hung. This should not be done, as he had done the deed in a weak-minded condition.
He could not tell why he had cut open the boy's abdomen. It had not occurred to him to handle the intestines, smell them, etc. He stated that, after the attempt on the girl in the day-time, and in the night, after the murder of the boy, he had convulsions. At the time of his crime he was indeed conscious, but he had not thought at all of what he did.
He suffered much with headache; could not endure heat, thirst, or alcohol; there were times when he was perfectly confused. The test of his intelligence showed a high grade of weak-mindedness.
The opinion (Dr. Kautzner, of Graz) showed the imbecility and neurosis of the accused, and made it probable that his crime, for which he had only a general recollection, had been committed in an exceptional (præ-epileptic) mental state, conditioned by the neurosis. Under all circumstances, E. was considered dangerous, and probably would require commitment to an asylum for life.
3. Bodily Injury, Injury to Property, and Torture of Animals Dependent on Sadism.
(Austrian, § 152, 411; German, § 223 [bodily injury]. Austrian, § 85, 468; German, § 303 [injury to property]. Austrian Police Regulations; German Statutes, § 360 [torture of animals].)
Aside from lust-murder, described in the foregoing section, as milder expressions of sadistic desires, impulses to stab, flagellate, or defile females, to flagellate boys, to maltreat animals, etc., also occur.
The deep degenerative significance of such cases is clearly demonstrated by the series of examples given under "General Pathology." Such mentally degenerate individuals, should they be unable to control their perverse impulses, could only be objects of care in asylums.
4. Bodily Injury, Robbery, and Theft Dependent on Fetichism.
(Austrian, § 190; German, § 249 [robbery]. Austrian, § 171, 460; German, § 242 [theft].)
It is seen from the section on fetichism, under "General Pathology," that pathological fetichism may become the cause of crimes. There are now recognized, as such, hair-despoiling (Cases 78, 79, 80); robbery or theft of female linen, handkerchiefs, aprons (Cases 82, 83, 85, 86), shoes (Cases 68, 87, 88), and silks (Case 93). It cannot be doubted that such individuals are subjects of deep mental taint. But, for the assumption of an absence of mental freedom and consequent irresponsibility, it ​must be proved that there was an irresistible impulse, which, either owing to the strength of the impulse itself, or to the existence of mental weakness, made control of the punishable, perverse impulsion impossible. Such crimes and the peculiar manner in which they are performed,—in which they differ very much from common robbery and theft,—always demand a medico-legal examination. But that the act per se does not, by any means, necessarily arise from psycho-pathological conditions is shown by the infrequent cases of hair-despoiling simply for the purpose of gain.
5. Violation of Individuals Under the Age of Fourteen.
(Austrian Statutes, § 128, 132; Austrian Abridgment, § 189, 191; German Statutes, § 174, 176)
By violation of sexually immature individuals, the jurist understands all the possible immoral acts with persons under fourteen years of age that are not comprehended in the term rape. The term violation, in the legal sense of the word, comprehends the most horrible perversions and acts, which are possible only to a man who is controlled by lust and morally weak, and, as is usually the case, lacking in sexual power.
A common feature of these crimes, committed on persons that are more or less children, is that they are unmanly, childish, and often silly. It is a fact that such acts, with exceptions in pathological cases, like those of imbeciles, paretics, and senile dements, are almost exclusively committed by young men who lack courage or have no faith in their virility; or by roués who have, to some extent, lost their virility. It is psychologically incomprehensible that an adult of full virility, and mentally sound, should indulge in sexual abuses with children.
The imagination of debauchees, in actively or passively picturing the immoral acts, is exceedingly lively; and that the following enumeration of the sexual acts of this kind known to law exhausts all the possibilities is questionable. Most frequently the abuse consists of sexual handling (under some ​circumstances, flagellation), active manustupration, or seducing children by inducing them to perform onanism, or lustful handling, on the seducer. Less frequent acts are cunnilingus, irrumare on boys or girls, pædicatio puellarum, coitus inter femora, and exhibition.
In a case which Maschka reports ("Handb.," iii, p. 174), a young man had naked girls, from eight to twelve years old, dance about in his room, and urinate before him, until he ejaculated. Not infrequently boys are abused by sensual women, who undertake to bring about conjunctio membrorum with them, in order to satisfy themselves by means of friction or onanism.
Tardieu saw one of the most disgusting examples. A servant, in company with her lover, masturbated children intrusted to them, performed cunnilingus with a girl of seven, and introduced parsnips and potatoes into her vagina, and put similar things into the rectum of a baby of two years!
Case 185. Z., aged 62; deeply tainted, masturbator. He states he has never had coitus, but has frequently practiced fellatio. He is in an asylum, on account of paranoia. It had been his greatest pleasure to entice girls, aged from ten to fourteen years, and practice cunnilingus and other vile acts with them. In these acts he had orgasm and ejaculation. Masturbation did not give him the same satisfaction, and induced ejaculation only with difficulty. Faute de mieux he also practiced fellatio with men; occasionally an exhibitionist. Phimosis; asymmetrical cranium. (Pelanda, Arch. di Psichiatria, x, fascic. 3, 4.)
Case 186. X., priest, aged 40. He was accused of enticing girls, aged from ten to thirteen, undressing and fondling them lustfully, and finally masturbating. He is tainted, and has been an onanist from childhood; morally imbecile; always very excitable sexually. Head somewhat small. Penis unusually large; indications of hypospadiasis. (Pelanda, loc. cit.)
Case 187. K., aged 23; laborer. He was accused and convicted of repeatedly enticing boys, and now and then girls, to an out-of-the-way place, and practicing abuses with them (mutual masturbation, fellatio puerorum, fondling of the genitals of the girls).
K. is an imbecile, and physically deformed, being scarcely 1.5 metres tall; cranium rachitic and hydrocephalic; teeth bad,—furrowed, defective, and irregular. Large lips, idiotic expression, stuttering speech, and an awkward attitude complete the picture of psycho-physical degeneration. K. behaves like a child discovered in some mischievous act. Scarcely any growth of beard. Genitals well and ​normally developed. He has a superficial consciousness of having done something improper, but he is unconscious of the moral, social, and legal significance of his crimes.
K. comes of a drunken father, and a mother who became insane from the abuse of her husband, and died in an asylum. In his babyhood the boy was almost blinded by corneal ulcers, and, after his sixth year, he grew up with an almoner, and later with difficulty earned his living as an organ-grinder. His brother is good for nothing, and the culprit himself was considered a surly, quarrelsome, evil, moody, irritable man. The opinion emphasized the intellectual, moral, and physical defect of the culprit.
Unfortunately it must be admitted that the most revolting of these crimes are done by sane individuals who, by reason of satiety in normal sexual indulgence, lasciviousness, and brutality, and not seldom during intoxication, forget that they are human beings.
A great number of these cases, however, certainly depend upon pathological states. This is particularly true where old men become the seducers of children.
I agree with Kirn, who, under all circumstances, in cases of this kind, holds a mental examination to be always necessary; since, frequently enough, a re-awakened, perverse, abnormally intense, and uncontrolable sexual desire is shown to be one of the manifestations of a senile dementia.
6. Unnatural Abuse—Sodomy.
(Austrian Statutes, § 129; Abridgment, § 190; German Statutes, § 175.)
(a) Violation of Animals—Bestiality.
Violation of animals, monstrous and revolting as it seems to mankind, is by no means always due to psycho-pathological ​conditions. Low morality and great sexual desire, with lack of opportunity of natural indulgence, are the principal motives of this unnatural means of sexual satisfaction, which is resorted to by women as well as by men.
To Polak we owe the knowledge that in Persia bestiality is frequently practiced because of the delusion that it cures gonorrhea; just as in Europe an idea is still prevalent that intercourse with children heals venereal disease.
Experience teaches that bestiality with cows and horses is none too infrequent. Occasionally the acts may be undertaken with goats, bitches, and, as a case of Tardieu's and one by Schauenstein show (Lehrb., p. 125), with hens.
The action of Frederick the Great, in the case of a cavalryman who had committed bestiality with a mare, is well known: "The fellow is a beast, and shall be reduced to the infantry."
The intercourse of females with beasts is limited to dogs. A monstrous example of the moral depravity in large cities is related by Maschka ("Handb.," iii)—the case of a Parisian female who showed herself in the sexual act with a trained bull-dog, to a secret circle of roués, at 10 francs a head.
There has been, heretofore, but little legal consideration of the mental condition in those given to violation of animals. In several cases known to the writer, the individuals were weak-minded. In Schauenstein's case there was insanity.
The following case of bestiality is one that was certainly conditioned by disease. He was an epileptic. In this case the desire for animals appeared as an equivalent of the normal sexual desire:—
Case 188. X., peasant, aged 40; Greek-Catholic. Father and mother were hard drinkers. Since his fifth year patient has had epileptic convulsions,—i.e., he falls down unconscious, lies still two or three minutes, and then gets up and runs wildly about with staring eyes. Sexuality was first manifested at seventeen. The patient had inclinations neither for women nor for men, but for animals (birds, horses, etc.). He had intercourse with hens and ducks, and later with horses and cows. Never any onanism.
The patient paints pictures of saints; is of very limited intelligence. For years, religious paranoia, with states of ecstasy. He has an "unspeakable" love for the Virgin, for whom he would sacrifice his life. Taken to hospital, he proves to be free from infirmity and signs of degeneration.
​He had always had an aversion for women. In a single attempt at coitus with a woman he was impotent, but with animals he was always potent. He is ashamed before women; coitus with women he regards almost as a sin. (Kowalewsky, Jahrb. f. Psychiatrie, vii, Heft 3.)
Case 189. On the afternoon of September 23, 1889, W., aged 16, shoe-maker's apprentice, caught a goose in a neighbor's garden, and committed bestiality on the fowl until the neighbor approached. On being accused by the neighbor, W. said, "Is there anything wrong with the goose?" and then went away. At his examination he confessed the act, but excused himself on the ground of temporary loss of mind. Since a severe illness, in his twelfth year, he several times a month had attacks, with heat in his head, in which he was intensely excited sexually, could not help himself, and did not know what he did. He had done the act in such an attack. He answered for himself in the same way at the trial, and stated that he knew nothing of the species facti except from the statements of the neighbor. His father states that W., who comes of a healthy family, has always been sickly since an attack of scarlatina in his fifth year, and that, at the age of twelve, he had a febrile cerebral disease. W. had a good reputation, learned well in school, and, later, helped his father in his work. He was not given to masturbation.
The medical examination revealed no intellectual or moral defect. The physical examination revealed normal genitals; penis relatively greatly developed; marked exaggeration of the patellar reflexes. In other respects, negative result.
The history of the condition at the time of the deed was not to be depended upon. There was no history of previous attacks of mental disturbance, and there were none during the six weeks of observation. There was no perversion of the vita sexualis. The medical opinion allowed the possibility that some organic cause (cerebral congestion), dependent upon cerebral disease, may have exercised an influence at the time of the commission of the criminal act. (From the opinion of Dr. Fritsch, of Vienna.)
Case 190. Impulsive Sodomy.—A., aged 16; gardener's boy; born out of wedlock; father, unknown; mother, deeply tainted, hystero-epileptic. A. has a deformed, asymmetrical cranium, and deformity and asymmetry of the bones of the face; the whole skeleton is also deformed, asymmetrical, and small. From childhood he was a masturbator; always morose, apathetic, and fond of solitude; very irritable, and pathological in his emotional reaction. He is imbecile, probably much reduced physically by masturbation, and neurasthenic. Besides, he presents hysteropathic symptoms (limitation of the visual field, dyschromatopsia; diminution of the senses of smell, taste, and hearing on the right side; anæsthesia of the right testicle, clavus, etc.).
A. is convicted of having committed masturbation and sodomy on dogs and rabbits. When twelve years old he saw how boys masturbated a dog. He imitated it, and thereafter he could not keep from abusing ​dogs, cats, and rabbits in this vile manner. Much more frequently, however, he committed sodomy on female rabbits,—the only animal that had a charm for him. At dusk he was accustomed to repair to his master's rabbit-pen, in order to gratify his vile desire. Rabbits with torn rectums were repeatedly found. The act of bestiality was always done in the same manner. There were actual attacks which came on every eight weeks, always in the evening, and always in the same way. A. would become very uncomfortable, and have a feeling as if some one were pounding his head. He felt as if losing his reason. He struggled against the imperative idea of committing sodomy with the rabbits, and thus had an increasing feeling of fear and intensification of headache, until it became unbearable. At the height of the attack there was sound of bells, cold perspiration, trembling of the knees, and, finally, loss of resistive power, and impulsive performance of the perverse act. As soon as this was done, he lost all anxiety; the nervous cycle was completed, and he was again master of himself, deeply ashamed of the deed, and fearful of the return of an attack. A. states that, in such a condition, if called upon to choose between a woman and a female rabbit, he could make choice only of the latter. In the intervals, of all domestic animals, he is partial only to rabbits. In his exceptional states simple caressing or kissing, etc., of the rabbit suffices, as a rule, to afford him sexual satisfaction; but sometimes he has, when doing this, such furor sexualis that he is forced to wildly perform sodomy on the animal.
The acts of bestiality mentioned are the only acts which afford him sexual satisfaction, and they constitute the only manner in which he is capable of sexual indulgence. A. states that, in the act, he never had a lustful feeling, but satisfaction, inasmuch as he was thus freed from the painful condition into which he was brought by the imperative impulse.
The medical evidence easily proved that this human monster was a psychically degenerate, irresponsible invalid, and not a criminal. (Boeteau, La France médicale, 38th year, No. 38.)
The following case seems to be devoid of a psychopathic basis :—
Case 191. Sodomy.—In a provincial town a man was caught in intercourse with a hen. He was thirty years old, and of high social position. The chickens had been dying one after another, and the man causing it had been searched for a long time. To the question of the judge, as to the reason for such an act, the accused said that his genitals were so small that coitus with women was impossible. Medical examination showed that the genitals were actually extremely small. The man was mentally entirely sound.
There were no statements concerning any abnormalities at the time of puberty, etc. (Gyurkovechky, "Männl. Impotenz," 1889, p. 82.)
(b) With Persons of the Same Sex—Pederasty; Sodomy in its Strict Sense.
German law takes cognizance of unnatural sexual relations only between men; Austrian, between those of the same sex; and, therefore, unnatural relations between women are punishable.
Among the immoralities between men, pederasty (immissio penis in anum) claims the principal interest. Indeed, the jurist thought only of this perversity of sexual activity; and, according to the opinions of distinguished interpreters of the law (Oppenhoff, "Stgsb.," Berlin, 1872, p. 324, and Rudolf and Stenglein, "D. Strafgesb. f. d. Deutsche Reich," 1881, p. 423), immissio penis in corpus vivum belongs to the criminal act covered by § 175.
According to this interpretation, legal punishment would not follow other improper acts between male persons, so long as they were not complicated with offense to public decency, with force, or undertaken with boys under the age of fourteen. Of late this interpretation has again been abandoned, and the crime of unnatural abuse between men has been assumed when merely acts similar to cohabitation were performed.
The study of contrary sexual instinct has placed male love of males in a very different light from that in which it, and particularly pederasty, stood at the time the statutes were framed. The fact that there is no doubt about the pathological basis of many cases of contrary sexual instinct shows that pederasty may also be the act of an irresponsible person, and makes it necessary, in court, to examine not merely the deed, but also the mental condition of the perpetrator.
The principles laid down previously must also be adhered to here. Not the deed, but only an anthropological and clinical judgment of the perpetrator can permit a decision as to ​whether we have to do with a perversity deserving punishment, or with an abnormal perversion of the mental and sexual life, which, under certain circumstances, excludes punishment. The next legal question to settle is whether the contrary sexual feeling is congenital or acquired; and, in the latter case, whether it is abnormal perversion or moral perversity.
Congenital contrary sexual instinct occurs only in predisposed (tainted) individuals, as a partial manifestation of a defect evidenced by anatomical or functional abnormalities, or both. The case becomes clearer, and the diagnosis more certain, if the individual, in character and disposition, seems to correspond entirely with his sexual peculiarity; and if the inclination toward persons of the opposite sex is entirely wanting, and horror of sexual intercourse with them is felt; and if the individual, in the impulses to satisfy the contrary sexual instinct, shows other anomalies of the sexual sphere, such as more pronounced degeneration in the form of periodicity of the impulse and impulsive conduct, and is a neuropathic and psychopathic person.
Another question concerns the mental condition of the urning. If this be such as to remove the possibility of moral responsibility, then the pederast is not a criminal, but an irresponsible insane person. This condition in congenital urnings is apparently less frequent than another. As a rule, these cases present elementary psychical disturbances, which do not remove responsibility. But this does not settle the question of the responsibility of the urning. The sexual instinct is one of the most powerful organic needs. There is no law that looks upon its satisfaction outside of marriage as punishable in itself; if the urning feels perversely, it is not his fault, but the fault of a condition natural to him. His sexual instinct may be æsthetically very repugnant, but, from his stand-point, it is natural. And, too, in the majority of these unfortunates, the perverse sexual instinct is abnormally intense, and their consciousness recognizes it as nothing unnatural. Thus they fail to have moral and æsthetic ideas to assist them in resisting the instinct. Innumerable normally constituted men are in a position to ​overcome the desire for satisfaction of their libido without suffering from it in health. Many neuropathic individuals,—and urnings are almost always neuropathic,—on the contrary, become nervously ill when they do not satisfy the sexual desire, either as Nature prompts or in a way that is for them perverse.
The majority of urnings are in a painful situation. On the one hand, there is an impulse toward persons of their own sex that is abnormally intense, the satisfaction of which has a good effect, and is natural to them; on the other, is public sentiment which stigmatizes their acts, and the law which threatens them with punishment. Before them lies mental despair,—even insanity and suicide,—at the very least, nervous disease; behind them, shame, loss of position, etc. It cannot be doubted that, under these circumstances, states of necessity and compulsion may be created by the unfortunate natural disposition and constitution. Society and the law should understand these facts. The former must pity, and not despise, such unfortunates; the latter must cease to punish them,—at least, while they remain within the limits which are set for the activity of their sexual instinct.
As a confirmation of these opinions and demands concerning these step-children of Nature, it is permissible to reproduce here the memorial of an urning to the author. The writer of the following lines is a man of high position in London:—
"You have no idea what a constant struggle we all—particularly those of us that have the most mind and finest feelings—have to endure, and how we suffer under the prevailing false ideas about us and our so-called immorality.
"Your opinion that the phenomenon under consideration is primarily due to a congenital 'pathological' disposition will, perhaps, make it possible to overcome existing prejudices, and awaken pity for poor, 'abnormal' men, instead of the present repugnance and contempt. Much as I believe that the opinion expressed by you is exceedingly beneficial to us, I am still compelled, in the interest of science, to repudiate the word 'pathological'; and you will permit me to express a few thoughts with respect of it.
"Under all circumstances the phenomenon is anomalous; but the word 'pathological' conveys another meaning, which I cannot think suits this phenomenon; at least, as I have had occasion to observe it in very many cases, I will allow, a priori, that, among urnings, a far ​higher proportion of cases of insanity, of nervous exhaustion, etc., may be observed than in other normal men. Does this increased nervousness necessarily depend upon the character of urningism, or is it not, in the majority of cases, to be ascribed to the effect of the laws and the prejudices of society, which prohibit the indulgence of their sexual desires, depending on a congenital peculiarity, while others are not thus restrained?
"The youthful urning, when he feels the first sexual promptings and näively expresses them to his comrades, soon finds that he is not understood; he shrinks into himself. If he tell his parents or teacher what moves him, that which is as natural to him as swimming is to a fish is described as wrong and sinful, and he is told it must be fought and overcome at any price. Then an inner conflict begins, a powerful repression of sexual inclinations; and the more the natural satisfaction of desire is repressed, the more lively the fancy becomes, and paints the very pictures that the wish is to banish. The more energetic the character that carries on this inner conflict, the more the whole nervous system must suffer. Such a powerful repression of an instinct so deeply implanted in us, in my opinion, develops the abnormal symptoms which are observed in many urnings; but this does not necessarily follow from the urning's disposition.
"Some continue the conflict for a longer or shorter time, and thus injure themselves; others at last come to the knowledge that the powerful instinct born in them cannot possibly be sinful, and, therefore, they cease to try to do the impossible,—the repression of the instinct. Then, however, begin constant suffering and excitement. When a normal man seeks satisfaction of sexual inclination, he knows how to find it easily; it is not so with the urning. He sees men that attract him, but he dares not say—nay, not even betray by a look—what his feelings are. He thinks that he alone of all the world has such abnormal feelings. Naturally he seeks the society of young men; but he does not venture to confide in them. Thus he comes to provide himself with a satisfaction that he cannot otherwise obtain. Onanism is practiced inordinately, and followed by all the evil results of that vice. When, after a time, the nervous system has been injured, the abnormality is again not the result of urningism, but it is produced by the onanism to which the urning resorts, as a result of the public sentiment that denies him opportunity to satisfy the sexual instinct that is natural to him.
"Or, let us suppose the urning has had the rare fortune to soon find a person like himself; or, that he has been introduced by an experienced friend to the events of the world of urnings. Then he is spared much of the inner conflict; but, at the same time, fearful cares and anxieties follow his footsteps. Now he knows that he is not the only one in the world that has such abnormal feelings; he opens his eyes and wonders that he meets so many of his kind in all social circles and in all ​callings; he also learns that, in the world of urnings, as in the other, there is prostitution, and that men as well as women can be bought. Thus there is no longer any want of opportunity for sexual satisfaction. But here how differently the experience is gained from that obtained in the normal manner of sexual indulgence!
"Let us consider the happiest case. After longing all one's life, the friend of like feeling is found. But he cannot be approached openly, as a lover approaches the girl he loves. In constant fear, both must conceal their relations; nay, even intimacy that might easily excite suspicion—especially should they not be of like age, or should they belong to different classes—must be kept from the world. Thus, even in this relation, is forged a chain of anxiety and fear that the secret will be betrayed or discovered, which leaves them no joy in the indulgence. The slightest thing that would not affect others makes them tremble with fear that suspicion might be excited and the secret discovered, and destroy social position and business. Could this constant anxiety and care be endured without leaving a trace, without exerting an influence on the entire nervous system?
"Another less fortunate man does not find a friend of like feeling, but falls into the hands of a handsome man, who sought him until the secret was discovered. Now the most refined blackmail is extorted. The unfortunate, persecuted man, brought to the alternative of paying or of losing his social position, and bringing disgrace on himself and his family, pays; and the more he gives, the more voracious the vampire becomes; until at last there remains nothing but absolute financial ruin or dishonor. Who can wonder that nerves are not equal to such a terrible struggle!
"They give way; insanity comes on; and the miserable man at last finds the rest in an asylum that he could not find in the world. Another, in the same situation, driven to despair, finds relief in suicide. It cannot be known how many of the suicides of young men are to be attributed to this combination of circumstances.
"I do not think that I am in error when I declare that at least one-half of the suicides of young men are due to such conditions. Even in those cases where urnings are not persecuted by a heartless villain, but where a happy relation between two men exists, discovery, or even the fear of it, very often leads to suicide. How many officers, how many soldiers, having such relations with their subordinates or companions, in the moment when they have believed themselves discovered, have sought to escape the threatened disgrace by means of a bullet! And it is the same in all callings.
"Therefore, if it must be admitted that, among urnings, more mental abnormalities and more insanity are actually observed than among other men, yet this does not prove that the mental disturbance is a necessary accompaniment of the urning's condition, and that the latter induces the former.
​"According to my firm conviction, by far the greater number of cases of mental disturbance or abnormal disposition observed in urnings are not to be attributed to the sexual anomaly; but they are caused by the existing notions concerning urnings, and the resulting laws, and dominant public sentiment concerning the anomaly. Any one with an adequate idea of the mental and moral suffering, of the anxiety and care, that the urning must endure; of the constant hypocrisy and secrecy he must practice, in order to conceal his inner instinct; of the difficulties that meet him in satisfying his natural desire,—can only be surprised that more insanity and nervous disturbance does not occur in urnings. The greater part of these abnormal states would not be developed, if the urning, like another, could find a simple and easy way in which to satisfy his sexual desire,—if he were not forever troubled by these anxieties!"
De lege lata, as far as the urning is concerned, the paragraph with reference to pederasty must not be applied without the proof of actual pederasty; and psychical and somatic abnormalities must be examined by experts with respect of an estimate in the individual of the question of guilt.
De lege ferenda, the urnings wish a repeal of the paragraphs. The jurist could not consent to this, if he were to remember that pederasty is much more frequently a disgusting vice than the result of physical and mental infirmity; and that, moreover, many urnings, though driven to sexual acts with their own sex, are yet in nowise compelled to indulge in pederasty,—a sexual act which, under all circumstances, must stand as cynical, disgusting, and, when passive, as certainly injurious. Whether for reasons of expediency (difficulty of fixing the guilt, encouragement of blackmail, etc.), it would not be opportune to strike from the statutes the legal punishment of the male-loving man, and to protect youth by the use of the paragraphs concerning sexual abuses, is a future question for jurists.
What has been said concerning congenital contrary sexuality and its relation to the law is also applicable to the acquired abnormality. The accompanying neurosis or psychosis should have much diagnostic and forensic weight with reference to the question of guilt.
It only remains to describe acquired non-pathological pederasty,—one of the saddest pages in the history of human delinquencies:—
Cultivated Pederasty.
The motives that bring to pederasty a man originally normal sexually and of sound mind are various. It is used temporarily as a means of sexual satisfaction faute de mieux,—as in infrequent cases of bestiality,—where abstinence from normal sexual indulgence is a necessity. It thus occurs on shipboard during long voyages, in prisons, in baths, etc. It is highly probable that, among men subjected to such conditions, there are single individuals of low morals and great sensuality, or actual urnings, who seduce the others. Lust, imitation, and desire further their purpose.
The strength of the sexual instinct is most markedly shown by the fact that such circumstances are sufficient to overcome repugnance for the unnatural act.
Another category of pederasts is made up of old roués that have become supersatiated in normal sexual indulgence, and who find in pederasty a means of exciting sensual pleasure, the act being a new method of stimulation. Thus they temporarily renew their power, that has been psychically and physically reduced to so low a state. The new sexual situation makes them, so to speak, relatively potent, and makes pleasure possible that is no longer possible in normal intercourse. In time power to indulge in pederasty is also lost. The individual may thus finally be reduced to passive pederasty as a stimulus to make possible temporary active pederasty; just as, occasionally, flagellation or looking on at obscene acts (Maschka's case of mutilation of animals) is resorted to for the same purpose.
The termination of sexual activity expresses itself in all kinds of abuse of children,—cunnilingus, fellare, and other enormities.
This kind of pederasts is the most dangerous, since they deal mostly with boys, and ruin them in body and soul.
In reference to this, the experiences of Tarnowsky (op. cit., p. 53 et seq.), gathered from the society of St. Petersburg, are terrible. The places where pederasty is cultivated are Institutes. Old roués and urnings play the rôle of seducers. At first it is difficult for the person to carry out the disgusting act. Fancy is made to assist by calling up the image of a woman. Gradually, with practice, the unnatural act becomes easy, and at last the individual, like one injured by masturbation, becomes relatively impotent for women, and lustful enough to find pleasure in the perverse act. Such individuals, under certain circumstances, give themselves for money.
As Tardieu, Hofmann, Simon, and Taylor show, such individuals are not infrequently found in large cities. From numerous statements made to me by urnings, it is learned that actual prostitution and houses of prostitution for male-loving men exist in large cities. The arts of coquetry used by these male prostitutes are noteworthy,—ornament, perfumes, feminine styles of dress, etc., to attract pederasts and urnings. This imitation of feminine peculiarities is spontaneous and unconscious in congenital cases, and in many acquired cases of (abnormal) contrary sexual instinct.
The following lines are of interest to the psychologist, and offer the officers of the law important facts concerning the social life and practice of pederasts:—
The "amateurs" ("rivettes") are debauched persons, but also frequently congenitally perverse sexually, of position and fortune, who are forced to guard themselves against detection in the gratification of their homo-sexual desires. For this purpose they visit brothels, lodging-houses, or the private houses of female prostitutes, who are usually on good terms with male prostitutes. Thus they escape blackmail.
Some of these "amateurs" are cunning enough to indulge their vile desires in public places. They thus run the risk of arrest, but, in a large city, little risk of blackmail. Danger is said to add to their secret pleasure.
The "entreteneurs" are old sinners who, even with the danger of falling into the hands of blackmailers, cannot deny themselves the pleasure of keeping a (male) mistress.
The "souteneurs" are pederasts that have been punished, who keep their "jesus," whom they send out to entice customers ("faire chanter les rivettes"), and who then, at the right moment, if possible, appear for the purpose of plucking the victim.
Not infrequently they live together in bands, the members, in accordance with individual desire, living together as husbands and wives.
​In such bands there are formal marriages, betrothals, banquets, and introductions of brides and grooms into their apartments.
These "souteneurs" attach their "jesus" to themselves.
The passive pederasts are "petits jusus," "jesus," or "aunts."
The "petits jesus" are lost, depraved children, whom accident places in the hands of active pederasts, who seduce them, and reveal to them the horrible means of earning a livelihood, either as "entretenus" or as male street-walkers, with or without "souteneurs."
The most suitable and promising "petits jesus" are given into the hands of persons who instruct these children in the art of female dress and manner. Gradually they then seek to emancipate themselves from their teachers and masters, in order to become "femmes entretenues"; and not infrequently by means of anonymous denunciation of their "souteneurs" to the police.
It is the object of the "souteneur" and the "petit jesus" to make the latter appear young, as long as possible, by means of all the arts of the toilet.
The limit of age is about twenty-five years; then they all become "jesus" and "femmes entretenues," and are then sustained by several "souteneurs." The "jesus" fall into three categories: "filles gallanites," i.e., those that have fallen again into the hands of a "souteneur"; "pierreuses" (ordinary street-walkers, like their female colleagues); and "domestics."
The "domestics" hire out to active pederasts, either to gratify their desires or to obtain "petits jesus" for them.
A sub-group of these "domestics" is formed by such of them as enter the service of "petits jesus" as "femmes de chambre." The principal object of these "domestics" is to use their positions to obtain compromising knowledge, with which they later practice blackmail, and thus assure themselves ease in their old age.
The most horrible class of active pederasts is made up of the "aunts,"—i.e., the "souteneurs" of (male) prostitutes——who, though normal sexually, are morally depraved, and practice pederasty (passive) only for gain, or for the purpose of blackmail.
The wealthy "amateurs" have their reunions and places of meeting, where the passive ones appear in female attire, and horrible orgies take place. The waiters, musicians, etc., at such gatherings, are all pederasts. The "filles gallantes" do not venture, except during the carnival, to show themselves on the street in female dress; but they know how to lend to their appearance something indicative of their calling, by means of style of dress, etc. They entice by means of gesture, peculiar movements of the hands, etc., and lead their victims to hotels, baths, or brothels.
What the author says of blackmail is generally known. There are cases where pederasts have allowed their entire fortune to be wrung from them.
​The following notice from a Berlin (National?) newspaper, of February, 1884, which fell into my hands by accident, seems suited to show something of the life and customs of urnings:—
"The Woman-Haters' Ball.—Almost every social element of Berlin has its social reunions,—the fat, the bald-headed, the young,—and why not the woman-haters? This species of men, so interesting psychologically and none too edifying, had a great ball to-day. 'Grand Vienna Mask-Ball,'—so ran the notice. The sale of tickets was very rigorous; they wish to be very exclusive. Their rendezvous was a well-known dance-hall. We enter the hall about midnight. The graceful dancing is to the strains of a fine orchestra. Thick tobacco-smoke, veiling the gas-lights, does not allow the details of the moving mass to become obvious; only during the pause between the dances can we obtain a closer view. The masks are by far in the majority; black dress-coats and ball-gowns are seen only now and then.
"But what is that? The lady in rose-tarletan, that just now passed us, has a lighted cigar in the corner of her mouth, and puffs like a trooper; and she also wears a small, blonde beard, lightly painted out. And yet she is talking with a very décolleté 'angel' in tricots, who stands there, with bare arms folded behind her, likewise smoking. The two voices are masculine, and the conversation is likewise very masculine; it is about the 'd— tobacco, that permits no air.' Two men in female attire. A conventional clown stands there, against a pillar, in soft conversation with a ballet-dancer, with his arm around her faultless waist. She has a blonde 'Titus-head,' sharp-cut profile, and apparently a voluptuous form. The brilliant ear-rings, the necklace with a medallion, the full, round shoulders and arms, do not permit a doubt of her 'genuineness,' until, with a sudden movement, she disengages herself from the embracing arm, and, yawning, moves away, saying, in a deep bass, 'Emile, you are too tiresome to-day!' The ballet-dancer is also a male!
"Suspicious now, we look about further. We almost suspect that here the world is topsy-turvy; for here goes, or, rather, trips, a man—no, no man at all, even though he wears a carefully trained moustache. The well-curled hair; the powdered and painted face with the blackened eyebrows; the golden ear-rings; the bouquet of flowers reaching from the left shoulder to the breast, ornamenting the elegant black gown; the golden bracelets on the wrists; the elegant fan in the white-gloved hand,—all these things are anything but masculine. And how he toys with the fan! How he dances and turns, and trips and lisps! And yet kindly Nature made this doll a man. He is a salesman in a great millinery store, and the ballet-dancer mentioned is his 'colleague.'
"At a little corner-table there seems to be a great social circle. Several elderly gentlemen press around a group of décolleté ladies, who ​sit over a glass of wine and—in the spirit of fan—make jokes that are none too delicate. Who are these three ladies? 'Ladies!' laughs my knowing friend. 'Well, the one on the right, with the brown hair and the short, fancy dress, is called "Butterrieke," and he is a hair-dresser; the second one—the blonde in a singer's costume, with the necklace of pearls—is known here by the name of "Miss Ella of the tight-rope," and he is a ladies' tailor; and the third,—that is the widely-celebrated "Lottie."'
"But that person cannot possibly be a man? That waist, that bust, those classic arms, the whole air and person are markedly feminine!
"I am told that 'Lottie' was once a book-keeper. To-day she, or, rather, he, is exclusively 'Lottie,' and takes pleasure in deceiving men about his sex as long as possible. 'Lottie' is singing a song that would hardly do for a drawing-room, in a high voice, acquired by years of practice, which many a soprano might envy. 'Lottie' has also 'worked' as a female comedian. Now the quondam book-keeper has so entered into the female rôle that he appears on the street in female attire almost exclusively, and, as the people with whom he lodges state, uses an embroidered night-dress.
"On closer examination of the assembly, to my astonishment, I discover acquaintances on all hands: my shoe-maker, whom I should have taken for anything but a woman-hater—he is a 'troubadour,' with sword and plume; and his 'Leonora,' in the costume of a bride, is accustomed to place my favorite brand of cigars before me in a certain cigar-store. 'Leonora,' who, during an intermission, removes her gloves, I recognize with certainty by her large, blue hands. Right! There is my haberdasher, also; he moves about in a questionable costume as Bacchus, and is the swain of a repugnantly bedecked Diana, who works as a waiter in a beer-restaurant. The real 'ladies' of the ball cannot be described here. They associate only with one another, and avoid the woman-hating men; and the latter are exclusive, and amuse themselves, absolutely ignoring the charms of the women."
These facts deserve the careful attention of the police, who should be placed in a position to cope with male prostitution, as they now do with that of women.
Male prostitution is certainly much more dangerous to society than that of females; it is the darkest stain on the history of humanity.
From the statements of a high police official of Berlin, I learn that the police of Berlin are conversant with the male demi-monde of the German Capital, and do all they can to suppress blackmail among pederasts,—a practice which often does not stop short of murder.
​The foregoing facts justify the wish that the law-maker of the future may, for reasons of utility, at least, abandon the prosecution of pederasty.
With reference to this point, it is worthy of note that the French Code does not punish it so long as it does not become an offense to public decency. Probably for politico-legal reasons, the new Italian Penal Code passes over the crime of unnatural abuse in silence, as do the statutes of Holland and, as far as I know, Belgium and Spain.
In how far such cultivated pederasts are to be regarded as mentally and morally sound may remain an open question. The majority of them suffer with genital neuroses. At least, in these cases, there are the stages of transition to acquired pathological contrary sexual instinct. The responsibility of these individuals, who are certainly much lower than the women who prostitute themselves, in general cannot be questioned.
The various categories of male-loving men, with respect of the manner of sexual indulgence, may be thus characterized in general:—
The congenital urning becomes a pederast only exceptionally, and eventually resorts to it after having practiced and exhausted all the possible immoral acts with males. Passive pederasty is for him the ideally and practically adequate form of the sexual act. He practices active pederasty only to please another. The most important point here is the congenital and unchangeable perversion of the sexual instinct.
It is otherwise with the pederast by cultivation. He has once acted normally sexually, or, at least, had normal inclinations, and occasionally has intercourse with the opposite sex. His sexual perversity is neither congenital nor unchangeable. He begins with pederasty and ends in other perverse sexual acts, induced by weakness of the centres for erection and ejaculation. At the height of his power, his sexual desire is not for passive, but for active pederasty. He yields himself to passive pederasty only to please another; for money, in the rôle of a male prostitute; or as a means, when virility is declining, to make active pederasty still occasionally possible.
​A horrible act, that must be alluded to, in conclusion, is pedicatio mulierum, and even uxorum. Sensual individuals sometimes do it with hardened prostitutes, or even with their wives. Tardieu gives examples where men, usually practicing coitus, sometimes indulged in pederasty with their wives. Occasionally fear of a repetition of pregnancy may induce the man to perform, and the woman to tolerate, the act.
Case 192. Imputation of pederasty that was not proved. Résumé from the legal proceedings:—
On May 30, 1888, Dr. S., chemist, of H., in an anonymous letter, was accused by his step-father of having immoral relations with G., aged 19, the son of a butcher. Dr. S. received the letter, and, astounded by its contents, hastened to his lawyer, who promised to proceed discreetly in the matter, and to ascertain from the authorities whether he would be publicly prosecuted.
On the next morning, G., who lived in the house of Dr. S., was arrested. At the time he was sick with gonorrhea and orchitis. Dr. 8. tried to induce the authorities to release G., and advised caution, but he was refused. In his statement to the judge, S. said that he became acquainted with G. on the street, three years previously, and then saw no more of him until the fall of 1887, when he met him in his father's shop. After November G. supplied Dr. S.'s kitchen with meat,—coming in the evening to get the order, and bringing the meats the next morning. Thus S. gradually became well acquainted with G., and came to have a very friendly feeling for him. When S. fell ill and was, for the most part, confined to his bed until the middle of May, 1888, G. gave him so much attention that S. and his wife were much attracted to him on account of his harmless, child-like, and happy disposition. Dr. 8. showed and explained to him his collection of curiosities, and they spent the evenings pleasantly together, the wife also being usually present; besides, S. and G. experimented in making sausages, jelly, etc. In February, 1888, G. fell ill with gonorrhea. Dr. S., being his friend, and having studied medicine for several terms, took care of G., procured medicine for him, etc. In May, G. being still sick, and, for several reasons, inclined to leave home, S. and his wife took him into their own home to care for him. S. denied the truth of all the suspicions that had been raised by this relation, and defended himself by pointing to his life of previous respectability, his education, and to the fact that G., at the time, was suffering with a disgusting, contagious disease, and that he himself had a painful affection (nephritic calculus, with occasional attacks of colic).
​Opposed to this statement of Dr. S.'s must be mentioned the facts that were brought out in court, and which led to conviction in the first trial.
The relation of S. to G. had, by reason of its obviousness, given cause for remark by private individuals, as well as by those in public houses. G. spent almost all his evenings with S.'s family, and, finally, came to be quite at home there. They took walks together. Once, while out on such a walk, S. said to G. that he was a pretty fellow, and that he (S.) was very fond of him. On the same occasion, there was also talk of sexual matters, and also of pederasty. S. said he touched on these subjects only to warn G. With reference to the intercourse at home, it was proved that occasionally S., while sitting on a sofa, embraced G., and kissed him. This happened in the presence of the wife, as well as of the servant-girls. When G. was ill with gonorrhea, S. instructed him in the method of using a syringe, and, at the time, took the penis in his hand. G. testified that S., in answer to his question why he was so fond of him, said, "I don't know, myself." When, one day, G. remained away, S., with tears in his eyes, complained of it to him when he returned. S. also told him that his marriage was unhappy, and, in tears, begged G. not to leave him; that he must take the place of his wife.
From all this resulted the just accusation, that the relation between the culprits had a sexual direction. The fact that all was open and known to everybody, according to the complaint, did not speak for the harmlessness of the relation, but more for the intensity of the passion of S. The spotless life of the accused was allowed, as well as his honesty and gentleness. The probability of an unhappy marriage, and that S. was of a very sensual nature, was shown.
During the course of the trial, G. was repeatedly examined by the medical experts. He is scarcely of medium size, pale, and of powerful frame; penis and testicles are very perfectly developed (large).
In consonance with the accusation, it was found that the anus was pathologically changed, in that there were no wrinkles in the skin about it and the sphincter was relaxed; and it was presumed that these changes pointed to the probability of passive pederasty.
The conviction was based on these facts. The judgment passed recognized that the relation that existed between the culprits did not necessarily point to unnatural abuses, any more than did the physical conditions found on the person of G.
However, by reason of the combination of the two facts, the court was convinced of the guilt of both culprits, and held it proved: "That the abnormal condition of G.'s anus had been caused by the frequently repeated introduction of the penis of S., and that G. voluntarily permitted the performance of this immoral act on himself."
Thus the conditions of § 175, R. St. G. B., seemed to be covered. In passing sentence, there was consideration of S.'s education, which ​made him appear to be G.'s seducer; in G.'s case, this fact and his youth were given weight; and the previous respectability of both was held in view. Thus Dr. S. was sentenced to imprisonment for eight months, and G. for four months.
The culprits appealed to the Supreme Court at Leipzig, and prepared themselves, in case the appeal should be denied, to collect evidence sufficient to call for a new trial.
They subjected themselves to examination and observation by distinguished experts. The latter declared that G.'s anus presented no signs of indulgence in passive pederasty.
Since it seemed of importance to those interested to make clear the psychological aspect of the case, which was not touched on at the trial, the author was intrusted with the examination and observation of Dr. S. and G.
Results of the Personal Examination, from December 11 to 13, 1888, in Graz.—Dr. S., aged 37; two years married, without children. Ex-Director of the City Laboratory of H. He comes of a father who is said to have been nervous, owing to great activity; who had an apoplectic attack in his fifty-seventh year, and died, at the age of sixty-seven, of another attack of apoplexy. His mother is living, and is described as a strong person, who has been nervous for years. Her mother reached quite an old age, and is said to have died of a cerebellar tumor. A brother of the mother's father is said to have been a drinker. The paternal grandfather died early, of softening of the brain.
Dr. S. has two brothers, who are in perfect health.
He states that he is of nervous temperament, and has been of strong constitution. After articular rheumatism, which he had in his fourteenth year, he suffered with great nervousness for some months. Thereafter he often suffered with rheumatic pains, palpitation, and shortness of breath. These symptoms gradually disappeared with sea-bathing. Seven years ago he had gonorrhœa. This disease became chronic, and for a long time caused bladder-difficulty.
In 1887 he had his first attack of renal colic, and he had such attacks repeatedly during the winter of 1887 and 1888, until May 16, 1888, when quite a large renal calculus was passed. Since then his condition had been quite satisfactory. While suffering with stone, during coitus, at the moment of ejaculation, he felt severe pain in the urethra, and the same pain on urinating.
With reference to his life, S. states that he attended the Gymnasium until he was fourteen, but after that, owing to the results of his severe illness, he studied privately. He then spent four years in a drug-store, and then studied medicine for six semesters at the University, serving, in the war of 1870, as a voluntary hospital assistant. Since he had no certificate of graduation from the Gymnasium, he gave up the study of medicine, and obtained the degree of doctor of philosophy. Then he ​served in the Museum of Minerals in K., and later as assistant in the Mineralogical Institute of H. Thereafter he made special studies in the chemistry of food-stuffs, and five years ago became Director of the City Laboratory.
He makes all these statements in a prompt, precise manner, and does not think long about his answers; so that one is more and more led to think that he is a man who loves and speaks the truth,—the more, since, on the following day, his statements are identical. With reference to his vita sexualis, Dr. S., in a modest, delicate, and open way, states that, in his eleventh year, he began to have a knowledge of the difference of the sexes, and for some time, until his fourteenth year, was given to onanism. He first had coitus at eighteen, and thereafter indulged moderately. His sensual desire had never been very great, but, until lately, the sexual act had been normal in every way, and accompanied by gratifying pleasurable feeling and full virility. Since his marriage, two years ago, he had cohabited with his wife exclusively. He had married his wife out of love, and still loved her, having coitus with her at least several times a week. The wife, who was also at hand, confirmed these statements.
All cross-questioning with reference to a perversion of sexual feeling toward men Dr. S. answered repeatedly in the negative, to repeated examination, and that without contradiction or any thought of the answers. Even when, in order to trap him, he is told that the proof of a perverse sexual instinct would be of avail in the trial, he sticks to his statements. One gains the important impression that S. has not the slightest knowledge of the facts of male-love. Thus it is learned that his lascivious dreams have never been about men; that he is interested only in female nudity; that he liked to dance with ladies, etc. No traces of any kind of sexual inclination for his own sex can be discovered in S. With reference to his relations with G., Dr. S. expresses himself exactly as he did at his examination before the court. In explanation of his partiality for G., he can only say that he is nervous, and a man of feeling and great sensibility, and very sensitive to friendliness. During his illness he had felt very lonesome and depressed; his wife had frequently been with her parents; and thus it had happened that he had become friendly with G., who was so gentle and kind. He still had a weakness for him, and felt remarkably quiet and contented while in his society.
He had had two such close friendships previously: when he was yet a student, with a corps-brother; a Dr. A. whom he also embraced and kissed; later, with a Baron M. When it happened that he could not see him for a few days, he became depressed, and even cried.
He also had a similar feeling and attachment for animals. Thus he had a poodle that died a short time ago, mourned like a member of the family; and he had often kissed the animal. (On relating this, the tears came to his eyes.) His brother confirmed these statements, with ​the remark, with reference to his brother's remarkable friendship for A. and M., that in these instances there was not the slightest suspicion of sexual coloring or relation. Too, the most careful and detailed examination of Dr. S. gave not the slightest reason for such a presumption.
He states that he never had the slightest sensual feeling for G., to say nothing of erection or sensual desire. His partiality for G., which bordered on jealousy, S. explained as due merely to his sentimental temperament and his inordinate friendship. G. was still as dear to him as if he were his son.
It is worthy of note that S. stated that when G. told him about his love-adventures with girls, it had hurt him only because G. was in danger of injuring himself and ruining his health by dissipation. He had never felt hurt himself by this. If he knew a good girl for G. he would be glad to rejoice with him, and do all he could to promote their marriage.
S. states that it was first in the course of his legal examination that he saw how he had been careless in his intercourse with G., by causing gossip. His openness he explained as due to the innocence of the friendship.
It is worthy of note that S.'s wife never noticed anything suspicious in the intercourse between her husband and G., though the most simple wife would instinctively notice anything of that nature. Mrs. S. had also made no opposition to receiving G. into the house. On this point she remarked that the guest-chamber in which G. lay ill, was on the second floor, while the living apartments were on the fourth; and, further, that S. never associated alone with G. as long as he was in the house. She states that she is convinced of her husband's innocence, and that she loves him as before.
Dr. S. states freely that formerly he had often kissed G., and talked with him about sexual matters. G. was much given to women, and in friendship he had often warned him about sexual dissipation, particularly when G., as often happened, did not look well. He had once said that G. was a handsome fellow; it was in a perfectly harmless relation.
The kissing of G. had been due to inordinate friendship, when G. had shown him some particular attention, or pleased him especially. In the act he had never had any sexual feeling. Too, when he had now and then dreamed of G., it was in a perfectly harmless way.
It appeared of great importance to the author to form also an opinion of G.'s personality. On December 12th, the desired opportunity was given, and G. was carefully examined.
G. is a young man, aged 20, of delicate build, whose development corresponds with his years; and he appears to be neuropathic and sensual. The genitals are normal and well developed. The author thinks he may be permitted to pass over the condition of the anus, as he does not feel called upon to pass judgment upon it. With prolonged association with G., one gets the impression that he is a harm​less, kind, and artless man, who is light-minded, but not morally depraved. Nothing in his dress or manner indicates perverse sexual feeling. There cannot be the slightest suspicion that he is a male courtesan.
When G. is introduced in medias res, he states that S. and he, feeling their innocence, had told the matter as it actually was, and on this the whole trial had been based.
At first, S.'s friendship, and especially the kissing, had seemed remarkable, even to him. Later he had convinced himself that it was merely friendship, and had then thought no more about it.
G. had looked upon S. as a father-like friend; for he was so unselfish, and loved him so.
The expression "handsome fellow" was made when G. had a love-affair, and when S. expressed his fears about a happy future for G. At that time S. had comforted him, and said that his (G.'s) appearance was pleasing, and that he would make an eligible match.
Once S. had complained to him (G.) that his wife was inclined to drink, and burst into tears. G. was touched by his friend's unhappiness. On this occasion S. had kissed him, and begged for his friendship, and asked him to visit him frequently.
S. had never spontaneously directed the conversation to sexual matters. G. once asked what pederasty was, of which he had heard much while in England; and S. had explained it to him.
G. acknowledges that he is sensual. At the age of twelve he had been made acquainted with sexual matters by schoolmates. He had never masturbated, had first had coitus at the age of eighteen, and had since visited brothels frequently. He had never felt any inclination for his own sex, and had never experienced any sexual excitement when S. kissed him. He had always had pleasure in coitus normally performed. His lascivious dreams had always been of women. With indignation, and pointing to his descent from a healthy and respectable family, he repels the insinuation of having been given to passive pederasty. Until the gossip about them came to his ears, he had been innocent and devoid of suspicion. The anal anomalies he tries to explain in the same way that he did at the trial. Auto-masturbation in ano he denies.
It should be noted that Mr. J. S. claims to be no less astonished by the charge against his brother of male-love than those more closely associated with him. Yet he could not understand what attached his brother to G.; and all the explanations which S. made to him concerning his relation to G. were vain.
The author took the trouble to observe Dr. S. and G., in a natural way, while they were dining, in company with S.'s brother and Mrs. S., in Graz. This observation revealed not the slightest sign of improper friendship.
The general impression which Dr. S. made on me was that of a nervous, sanguine, somewhat overstrained individual, but, at the same time, kind, open-hearted, and very emotional.
​Dr. S. is physically strong, somewhat corpulent, with a symmetrical, brachycephalic cranium. The genitals are well developed; the penis somewhat bellied; the prepuce somewhat hypertrophied.
Opinion.—Pederasty is, unfortunately, not infrequent among mankind to-day; but still, occurring among the peoples of Europe, it is an unusual, perverse, and even monstrous manner of sexual gratification. It presumes a congenital or acquired perversion of the sexual instinct, and, at the same time, defect of moral sense that is either original or acquired, as a result of pathological influences.
Medico-legal science is thoroughly conversant with the physical and psychical conditions from which this aberration of the sexual instinct arises; and in the concrete and doubtful case it seems requisite to ascertain whether these empirical, subjective conditions necessary for pederasty are present. Too, it is essential to distinguish between active and passive pederasty.
Active pederasty occurs:—
I. As a non-pathological phenomenon:—
1. As a means of sexual gratification, in case of great sexual desire, with enforced abstinence from natural sexual intercourse.
2. In old debauchees, who have become satiated with normal sexual intercourse, and more or less impotent, and also morally depraved; and who resort to pederasty, in order to excite their lust with this new stimulus, and aid their virility, that has sunk so low psychically and physically.
3. Traditionally, among certain barbarous races that are devoid of morality.
II. As a pathological phenomenon:—
1. Upon the basis of congenital contrary sexual instinct, with repugnance for sexual intercourse with women, or even absolute incapability of it. But, as even Casper knew, pederasty, under such conditions, is very infrequent. The so-called urning satisfies himself with a man by means of passive or mutual onanism, or by means of coitus-like acts (e.g., coitus inter femora); and he resorts to pederasty only very exceptionally, as a result of intense sexual desire, or with a low or lowered moral sense, out of desire to please another.
2. On the basis of acquired contrary sexual instinct:—
(a) As a result of long years of onanism, which finally causes impotence for women with continuance of intense sexual desire.
(b) As a result of severe mental disease (senile dementia, brain-softening of the insane, etc.), in which, as experience teaches, an inversion of the sexual instinct may take place.
Passive pederasty occurs:—
I. As a non-pathological phenomenon:—
1. In individuals of the lowest class, who, having had the misfortune to be seduced in boyhood by debauchees, endured pain and disgust for ​the sake of money, and became depraved morally, so that, in more mature years, they have fallen so low that they take pleasure in being male prostitutes.
2. Under circumstances analogous to those of I, 1,—as a remuneration to another for having allowed active pederasty.
II. As a pathological phenomenon:—
1. In individuals affected with contrary sexual instinct, with endurance of pain and disgust, as a return to men for the bestowal of sexual favors.
2. In urnings who feel toward men like women, out of desire and lust. In such female-men there is horror feminæ and absolute incapability for sexual intercourse with women. Character and inclinations are feminine.
The empirical facts that have been gathered by legal medicine and psychiatry are all included in this classification. Before the court of medical science, it would be necessary to prove that a man belonged to one of the above categories in order to carry the conviction that he was a pederast.
In the life and character of Dr. S., one searches in vain for signs which place him in one of the categories of active pederasts which science has established. He is neither one forced to sexual abstinence, nor one made impotent for women by debauchery; neither is he congenitally male-loving, nor alienated from women by masturbation, and attracted to men through continuance of sexual desire; and, finally, he is not sexually perverse as a result of severe mental disease.
In fact, the general conditions necessary for the occurrence of pederasty are wanting in him,—moral imbecility or moral depravity, on the one hand, and inordinate sexual desire, on the other.
It is likewise impossible to classify the accomplice, G., in any of the empirical categories of passive pederasty; for he possesses neither the peculiarities of the male prostitute nor the clinical marks of effemination; and he has not the anthropological and clinical stigmata of the female-man. He is, in fact, the very opposite of all this.
In order to make a pederastic relation between the two plausible medico-scientifically, it would be requisite for Dr. S. to present the antecedents and marks of the active pederasts of I, 2, and G., those of the passive pederasts of II, 1 or 2.
The assumption lying at the basis of the verdict is, from a psychological stand-point, legally untenable.
With the same right, every man might be considered a pederast. It remains to consider whether the explanations given by Dr. S. and G. of their remarkable friendship are psychologically valid.
Psychologically it is not without parallel that so sentimental and eccentric a man as S.—without any sexual excitement whatever—should entertain a transcendental friendship. It suffices to recall the friendship of school-girls, the self-sacrificing friendship of sentimental young persons ​in general, and the partiality which this sensitive man sometimes showed even for domestic animals,—where no one would think of sodomy. With S.'s mental character, extraordinary friendship for the youth G. may be easily comprehended. The openness of this friendship permits the conclusion that it was innocent, much rather than that it depended upon sensual passion.
The defendants succeeded in obtaining a new trial. The new trial took place on March 7, 1890. There was much evidence presented in favor of the accused.
The previous moral life of S. was generally acknowledged. The Sister of Charity who cared for G. in S.'s house, never noticed anything suspicious in the intercourse between S. and G. S.'s former friends testified to his morality, his deep friendship, and his habit of kissing them on meeting or leaving them. The anal abnormalities previously found on G. were no longer present. Experts called by the court allowed the possibility that they had been due simply to digital manipulations; their diagnostic value in any case was contested by the experts called by the defense.
Lesbian Love.
Where the sexual intercourse is between adults, its legal importance is very slight; it could come into consideration only in Austria. In connection with urningism, this phenomenon is of anthropological and clinical value. The relation is the same, mutatis mutandis, as between men. Lesbian love does not seem to approach urningism in frequency. The majority of female urnings do not act in obedience to an innate impulse, but they are developed under conditions analogous to those which produce the urning by cultivation.
These "forbidden friendships" flourish especially in penal institutions for females.
Kraussold (op. cit.) reports: "The female prisoners often have such friendships, which, when possible, extend to mutual manustupration.
"But temporary manual gratification is not the only purpose of such friendships. They are made to be enduring,—entered into systematically, so to speak,—and intense jealousy and a passion for love are ​developed which could scarcely be surpassed between persons of opposite sex. When the friend of one prisoner is merely smiled at by another, there are often the most violent scenes of jealousy, and even beatings.
We are indebted to Parent-Duchatelet ("De la prostitution," 1857, vol. i, p. 159) for interesting communications concerning Lesbian love.
Besides these, there are prostitutes who let themselves be known as given to tribadism; persons who have been in prisons for years, and in these hot beds of Lesbian love, ex abstinentia, acquired this vice.
It is interesting to know that prostitutes hate those who practice tribadism,—just as men abhor pederasts; but female prisoners do not regard the vice as indecent.
Parent mentions the case of a prostitute who, while intoxicated, tried to force another to Lesbian love. The latter became so enraged that she denounced the indecent woman to the police. Taxil (op. cit. p. 166, 170) reports similar instances.
Mantegazza ("Anthropol. culturhistorische Studien," p. 97) also finds that sexual intercourse between women has especially the significance of a vice which arises on the basis of unsatisfied hyperæsthesia sexualis.
In many cases of this kind, however, aside from congenital contrary sexual instinct, one gains the impression that, just as in men (vide supra), the cultivated vice gradually leads to acquired contrary sexual instinct, with repugnance for sexual intercourse with the opposite sex.
At least Parent's, cases were probably of this nature. The correspondence with the lover was quite as sentimental and exaggerated in tone as it is between lovers of the opposite sex; unfaithfulness and separation broke the heart of the one abandoned; jealousy was unbridled, and led to bloody revenge. The following cases of Lesbian love, by Mantegazza, are certainly pathological, and possibly examples of congenital contrary sexual instinct:—
1. On July 5, 1777, a woman was brought before a court in London, who, dressed as a man, had been married to three different women. She ​was recognized as a woman, and sentenced to imprisonment for six months.
2. In 1773, another woman, dressed as a man, courted a girl, and asked for her hand; but the trick did not succeed.
3. Two women lived together as man and wife for thirty years. On her death-bed the "husband" confessed her secret to those about her.
Coffignon (op. cit., p. 301) makes later statements worthy of notice.
He reports that this vice is, of late, quite the fashion,—partly owing to novels on the subject, and partly as a result of excessive work on sewing-machines, the sleeping of female servants in the same bed, seduction in schools by depraved pupils, or seduction of daughters by perverse servants.
The author declares that this vice ("saphism") is met more frequently among ladies of the aristocracy and prostitutes.
He does not differentiate physiological and pathological cases, nor, among the latter, the acquired and congenital cases. The details of a few cases, which are certainly pathological, correspond exactly with the facts that are known about men of contrary sexuality.
7. Necrophilia.
(Austrian Statutes, § 306.)
This horrible kind of sexual indulgence is so monstrous that the presumption of a psychopathic state is, under all circumstances, justified; and Maschka's recommendation, that the mental condition of the perpetrator should always be investigated, is well founded. In any case, an abnormal and decidedly perverse sensuality is required to overcome the natural repugnance which man has for a corpse, and permit a feeling of pleasure to be experienced in sexual congress with a cadaver.
8. Incest. (Austrian Statutes, § 132; Abridgment, § 189; German Statutes, § 174.)
The preservation of the moral purity of family life is a product of civilization; and feelings of intense displeasure arise in an ethically intact man at thought of lustful feeling toward a member of the same family. Only great sensuality and defective ideas of laws and morals can lead to incest.
Both conditions may, in tainted families, be operative. Drinking and a state of intoxication in men; weak-mindedness which does not allow the development of the feeling of shame, and which, under certain circumstances, is associated with eroticism in females,—these facilitate the occurrence of incestuous acts. External conditions which facilitate their occurrence are due to defective separation of the sexes among the lower classes.
As a decidedly pathological phenomenon, the author has found incest in states of congenital and acquired mental weakness, and infrequently in cases of epilepsy and paranoia.
In many of the cases, probably a majority, it is not possible, however, to find a pathological basis for the act which so deeply wounds not only the tie of blood, but also the feeling of a civilized people. But in many of the cases reported in literature, to the honor of humanity, the presumption of a psychopathic basis is possible.
In the Feldtmann case (Marc-Ideler, vol. i, p. 18), where a father constantly made immoral attacks on his adult daughter, and finally killed her, the unnatural father was weak-minded and, besides, probably subject to periodical mental disease. In another case of incest between father and daughter (loc. cit., p. 247), the latter, at least, was weak-minded. Lombroso (Archiv. di Psichiatria, viii, p. 519) reports the case of a peasant, aged 42, who practiced incest with his daughters, aged, respectively, 22, 19, and 11; he even forced the youngest to prostitute herself, and then visited her in a brothel. The medico-legal examination showed predisposition, intellectual and moral imbecility, and alcoholism.
There was no mental examination in the case reported by Schürmeyer (Deutsche Zeitschr. für Staatsarzneikunde, xxii, H. 1), in which a ​mother laid her son of five and a half years on herself, and practiced abuse with him; and in that given by Lafarque (Journ. Méd. de Bordeaux, 1814), where a girl, aged 17, laid her brother, aged 13, upon herself, brought about membrorum conjunctionem, and performed masturbation on him.
The following cases are those of tainted individuals: Magnan (Ann. méd.-psych., 1885) mentions an unmarried woman, aged 29, who, though indifferent toward other children or even men, suffered frightfully in the presence of her nephew, and could scarcely control her impulse to cohabit with him. This sexual peculiarity continued only as long as the nephew was quite young.
Legrand (Ann. méd.-psych., May, 1876) mentions a girl, aged 15, who seduced her brother into all manner of sexual excesses on her person; and when, after two years of this incestuous practice, her brother died, she attempted to murder a relative. In the same article there is the case of a married woman, aged 36, who hung her open breast out of a window, and indulged in abuse with her brother, aged 18; and also the case of a mother, aged 39, who practiced incest with her son, with whom she was madly in love, became pregnant by him, and induced abortion.
Through Casper we know that depraved mothers in large cities sometimes treat their little daughters in a most horrible fashion, in order to prepare them for the sexual use of debauchees. This crime belongs elsewhere.
9. Immoral Acts with Persons in the Care of Others; Seduction (Austrian).
(Austrian Statutes, § 131; Abridgment, § 188; German Statutes, § 173).
Allied to incest, but still less repugnant to moral sensibility, are those cases in which persons seduce those entrusted to them for care or education, and who are more or less dependent upon them, to commit or suffer vicious practices. Such acts, which especially deserve legal punishment, seem only exceptionally to have psychopathic significance.
* ↑ Comp. Casper, Klin. Novellen.—Lombroso, Goltdammer's Archiv, Bd. xxx.—Oettingen, Moralstatistik, p. 494.
* ↑ Lasègue, Union Médicale, 1877, May.—Laugier, Annal d'hygiène publ., 1878, No. 106.—Pelanda, "Pornopaths," Archivio di Psichiatria, viii—Schuchardt, Zeitschr. f. Medicinalbeamte, 1890, Heft 6.
* ↑ Comp. v. Krafft, "Ueber transitorisches Irresein bei Neurasthenischen," Irrenfreund, 1883, No. 8.
* ↑ Dr. Moll calls this perversion(?) mixoscopia (from μιξις, cohabitation; and σκεπτειν, to look). His assumption that it is related to masochism, in that there is a stimulus for the voyeur in suffering at seeing a woman in the possession of another, does not seem to me to be justified. For further details, vide Moll, "Die conträre Sexualempfindung," p. 137.
* ↑ Annal. médico-psychol., 1849, p. 515; 1863, p. 57; 1864, p. 215; 1866, p. 253.
* ↑ Comp. the cases of Tardieu, Attentats, p. 182-192.
* ↑ Comp. Haltzendorff, Psychologie des Mords.
* ↑ Tardieu, Attentats, Case 51, p. 188.
* ↑ Masochism may, under certain circumstances, attain forensic importance. Modern criminal law no longer recognizes the principle, "volenti non fit injuria"; and the present Austrian statute, in § 4, says expressly: "Crimes may also be committed on persons who demand their commission on themselves." As Herbst (Handb. d. österr. Strafrechts., Wien, 1878, p. 72) remarks, there are, nevertheless, crimes conditioned by the absence of assent on the part of the injured individual, which cease to be such as soon as the injured individual has given consent,—e.g., theft, rape. But Herbst also enumerates here the limitation of personal freedom (?). Of late a decided change of views on this point has taken place. The German criminal law regards the consent of a man to his own death of such importance that a very different and much milder punishment is inflicted under such circumstances (§ 216); and it is the same in Austrian law (Austrian Abridgment, § 222). The so-called double suicide of lovers was the act considered. In bodily injury and deprivation of freedom, the consent of the victim must also receive consideration at the hands of the judge. Certainly a knowledge of masochism is of importance in making a judgment of the probability of asserted consent.
* ↑ According to Austrian law, this crime should fall under § 411, as slight bodily injury; according to the German criminal law, it is bodily injury (comp. Liszt, p-325).
* ↑ Cases, vide Friedreich's Blätter f. ger. Anthropologie, iii, p. 77.
* ↑ Cases, Maschka, Handb., iii, p. 175.—Casper, Vierteljahrsschr., 1852, Bd. i—Tardieu, Attentats.
* ↑ Comp. Kirn, Allg. Zeitschr. f. Psych., 39, p. 217.
* ↑ I follow the usual terminology in describing bestiality and pederasty under the general term sodomy. In Genesis (chap. xix), whence this word comes, it signifies exclusively the vice of pederasty. Later, sodomy was often used synonymously with bestiality. The moral theologians, like St. Alphons of Liguori, Gury, and others, have always distinguished correctly, i.e., in the sense of Genesis, between sodomia, i.e., concubitus cum persona ejusdem sexus, and bestialitas, i.e., concubitus cum bestia (comp. Olfus, Pastoralmedicin, p. 78). The jurists brought confusion into the terminology by establishing a "Sodomia ratione sexus" and a "S. ratione generis." Science, however, should assert itself as ansilla theologiæ, and return to the correct usage.
* ↑ For interesting histories, vide Krauss, Psychol. d. Verbrechens, p. 180.—Maschka, Hdb. iii, p. 188.—Hofmann, Lehrb. d. ger. Med., p. 180.—Rosenbaum, Die Lustseuche.
* ↑ How difficult, unpleasant, and dangerous for the jurist judgment of these "coitus-like" acts for the establishment of the objective fact of the crime may be is well shown by an article on the punishableness of male intercourse, in the Zeitschr. f. d. gesammte Strafrechtswissenschaft., Bd. vii, Heft 1, as well as by a similar one in Friedreich's Blätter f. ger. Medicin, 1891, Heft 6. Vide, further, Moll, Conträre Sexualempfindung, p. 223 et seq., and Bernhardi, Der Uranismus, Berlin, 1882.
* ↑ For interesting histories and notes, v. Krause, Psychol. des Verbrechens, p. 174.—Tardieu, Attentats.—Maschka, Handb., iii, p. 174. This vice seems to have come through Crete from Asia to Greece, and, in the times of classic Hellas, to have been wide-spread. From there it spread to Rome, where it flourished luxuriantly. In Persia and China (where it is actually tolerated) it is wide-spread, as it also is in Europe. (Comp. Tarnowsky et al.)
* ↑ Lombroso (Der Verbrecher, p. 20 et seq.) shows that also, in case of animals, intercourse with the same sex occurs where normal indulgence is impossible.
* ↑ Comp. Tardieu, Attentats, p. 198.—Martineau, Deutsche Med. Zeitung, 1882, p. 9.—Virchow's Jahrb., 1881, i, p. 533.—Coutagne, Lyon Médical, Nos. 35, 36.
* ↑ Comp. Mayer, Friedreich's Blätter, 1875, p. 41. — Kraussold, Melancholic und Schuld, 1884, p. 20. — Andronico, Archiv di psich. scienze penali ed anthropol. crim., vol. iii, p. 145.
* ↑ Comp. Maschka, Hdb., iii, p. 191 (good historical notes). — Legrand, La folie, p. 521.
* ↑ Vide Westermarck, History of Human Marriage, chap. xiv. McMillan & Co., 1891.