How Did Child Sexual Offending by Women Come to Be an Unthinkable Crime? a Critical Genealogy

How Did Child Sexual Offending by Women Come to Be an Unthinkable Crime? A Critical Genealogy

Andrea Josipovic MCouns (University of Queensland), Magister Artium (German Philology, Art History and European History, Universität zu Köln)

0000-0002-8819-1029

A thesis submitted for the degree of Doctor of Philosophy at The University of Queensland in 2020 School of History and Philosophical Inquiry

Abstract My thesis seeks to investigate the historical dimension of modern concerns about child sexual abuse, with a particular focus on women as offenders. It attempts to redress conceptual oversights which are directly related to the single-minded view that child sexual abuse constitutes a gendered crime whereby women as agents of such abuse have been rendered almost completely absent. The assumption is that the very great majority of sexual offending is committed by men, not women, and not, for that matter, other children. Everyday encounters with this dominant narrative have prompted me to engage in a more detailed inquiry. Despite its ubiquity, time and again cases emerge where women have criminally engaged in sex with children. Since women and children often find themselves alone together within spheres of “privacy,” I will primarily be studying the domestic space of the family home as the site of its occurrence. I am interested to learn how women as possible offenders of child sexual abuse have vanished from sight, and along with them, their victims. Accounts of contemporary child protection practice do not often centralise history as their primary object of inquiry in order to deepen an understanding of present concerns. In contrast, I plan to demonstrate that there is indeed merit in investigating the genealogy of child sexual abuse as a gendered crime, not least because it can help to inform and adjust contemporary child protection assessments. My thesis focuses mostly on medical writings which emerged during the second half of the nineteenth and first decade of the twentieth centuries in France, which I aim to show was the site of greatest scientific activity on the subject at the time. During this period so crucial to the emergence and gradual formation of many disciplines which today hold a place within the human sciences, such as psychiatry, psychology, criminology and sociology, French medical professionals were lead investigators in relation to moral and social decline, and in fact produced a substantial collection of texts on matters of child abuse, most of which are little known today within the Anglosphere. This included cruelty to children and moral crimes, in particular rape, attempted rape and indecent assault on children. In addition, ideas about childhood as distinct from adulthood which proliferated at the end of the eighteenth century continued to undergo significant nuancing. I aim to pay close attention to some of the discourses in circulation describing child abuse, and more specifically child sexual abuse, sometimes in close connection with violence and cruelty, and historicise them by placing them in a dialogue with articulations of ideas about childhood, parenting, and the family. Close reading of some of the key texts will reflect that the work of French professionals left lasting impressions on key contributors to the development of the fields of sexology and psychoanalysis in the German speaking countries. This transitional enterprise from French to German leadership on research on child abuse has not been the focus of many historical analyses so far. While French researchers founded their studies mostly on material signs and symptoms on the

i body, their German-speaking colleagues increasingly added considerations of the mind to their physiological and biological considerations. The substantial body of work both the French and German researchers accumulated during this highly productive time period has left a legacy that has shaped contemporary framings of child abuse and remained present, if unacknowledged, in the interventions which aim to help those who have been affected by it. The genealogical method, with its strong focus on historical struggles, tensions and accidents, will enable me to trace how contemporary framings of child sexual abuse emerged over time. Since this way of working encompasses a rejection of both a point of origin and a millennial ending, my project strongly distances itself from any claim to universality or completeness. Instead, it aims to illustrate the conceptual antecedents which can help to emphasise how present-day assumptions, in particular those regarding gender, have formed and solidified over time.

Declaration by Author

This thesis is composed of my original work, and contains no material previously published or written by another person except where due reference has been made in the text. I have clearly stated the contribution by others to jointly-authored works that I have included in my thesis.

I have clearly stated the contribution of others to my thesis as a whole, including statistical assistance, survey design, data analysis, significant technical procedures, professional editorial advice, financial support and any other original research work used or reported in my thesis. The content of my thesis is the result of work I have carried out since the commencement of my higher degree by research candidature and does not include a substantial part of work that has been submitted to qualify for the award of any other degree or diploma in any university or other tertiary institution. I have clearly stated which parts of my thesis, if any, have been submitted to qualify for another award.

I acknowledge that an electronic copy of my thesis must be lodged with the University Library and, subject to the policy and procedures of The University of Queensland, the thesis be made available for research and study in accordance with the Copyright Act 1968 unless a period of embargo has been approved by the Dean of the Graduate School.

I acknowledge that copyright of all material contained in my thesis resides with the copyright holder(s) of that material. Where appropriate I have obtained copyright permission from the copyright holder to reproduce material in this thesis and have sought permission from co-authors for any jointly authored works included in the thesis.

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Publications Included in this Thesis

No publications included.

Submitted Manuscripts Included in this Thesis

No manuscripts submitted for publication.

Other Publications during Candidature

Journal Article Josipovic, Andrea, "Secret Things and the Confinement of Walls: 'The Private Sphere' in Crimes of Child Sexual Abuse Perpetrated by Women." Australian Feminist Studies 30, no. 85 (2015): 252-72.

Conference Abstracts

1. Josipovic, Andrea, "The Doctor Prescribes, the Mother Executes: The Double Bind of a 'Profitable Alliance' in Nineteenth Century French Medical Narratives of Child Sexual Abuse Cases," presented on September 21, 2018 at the Symposium Women in Medicine, Women of Medicine, The University of Queensland, St Lucia, Australia, Single Paper Presentation.

2. Josipovic, Andrea, "Dys/appearing Women? Sexual Relations with Children in Late Nineteenth and Early Twentieth Century Discourses," presented on December 2, 2016 at Technicity. Temporality. Embodiment: The 10th International Somatechnics Conference, Byron Bay, NSW, Australia, December 1-3, 2016, Single Paper Presentation and Session Host.

3. Josipovic, Andrea, "Conceptualising Child Sexual Abuse: Discussions in the Nineteenth and Twentieth Centuries," presented on July 1st, 2016 at the joint conference by the European Society for the History of Human Sciences (ESHHS) & the International Society for the History of Behavioural and Social Sciences (CHEIRON), Barcelona, Spain, June 27t - July 1st, 2016, Single Paper Presentation.

4. Josipovic, Andrea, "Researching Sexual Abuse: How Gender-biased Observations Have Shaped Perceptions of Male and Female Child Sexual Offenders," presented on November 25, 2015 at the Postgraduate Conference Perspectives on Identity, University of Queensland, St Lucia, Australia,

November 24-7, 2015, Single Paper Presentation.

5. Josipovic, Andrea, "Ante Conceptum: How Did Nineteenth Century Physicians Describe Adults who Engage in Sexual Acts with Children?," presented on July 3, Australian and New Zealand Society of the History of Medicine 14th Biennial Conference, Australian Catholic University, North Sydney, June 30 – July 4, 2015, Single Paper Presentation.

6. Josipovic, Andrea, "Secret Things and the Confinement of Walls: 'The Private Sphere' in Crimes of Child Sexual Abuse Perpetrated by Women," presented on September, 29 at the Postgraduate Work in Preogress Conference The Evolution of Things, University of Queensland, St Lucia, Australia, September 28-30, 2014, Single Paper Presentation.

7. Josipovic, Andrea, "The Problematic Notion of Progress in the Identification of Women as Victims of Sexual Abuse," presented on November 27, 2013 at the Postgraduate Conference Perspectives on Progress, University of Queensland, St Lucia, Australia, November 26-9 2013, Single Paper Presentation.

Book Review

1. Josipovic, Andrea, Review of The Hirschfeld Archives: Violence, Death, and Modern Queer Culture, by Heike Bauer, Philadelphia, PA: Temple University Press (2017), 230 pp., ISBN 978-1-4399-1433-5. Australian Feminist Studies, 32 (94), (2017): 461-463. https://doi.org/10.1080/08164649.2017.1466653

Contributions by others to the thesis

No contributions by others.

Statement of parts of the thesis submitted to qualify for the award of another degree No works submitted towards another degree have been included in this thesis.

Research involving human or animal subjects No animal or human subjects were involved in this research.

Acknowledgments

I would like to acknowledge the Traditional Custodians of the land on which most of this thesis was conceptualised and written, the Yugumbeh people where I live and the Turrbal and Jagera people where the University is located. I acknowledge that sovereignty of this land was never ceded. I pay my deepest respect to Elders past, present and emerging and sincerely express my gratitude for finding a home in a place once strange to me. My wonderful colleagues and friends Aunty Lesley Williams, Bobbie Gadsden, Gavin Power, Christine Wellington-Stewart, Samantha Landgren, Felicia Ventura and Madeline Lea, I thank you for your patience, grace and wisdom you have shared with me over the years. It has helped me recognise and tend to my own connection I feel towards the land I am from. As the saying goes, it takes a village to raise a child. This thesis has been a long time in the making and not unlike the history it is trying to tell, experienced many moments of uncertainty, interruption, change of direction, and renewed focus. I could not have done it without the help I received from the amazing people I get to mention here. Being supervised by Peter Cryle for the entirety of my candidature has been a privilege I deeply appreciate. He has given so generously of his time to counsel me through this project which is much better for his meticulous attention to things big, small and minuscule. At times I felt he understood what I was trying to say better than I did myself: Peter so often listened to my unformed ramblings, only to paraphrase something succinct and elegant. Not only have I developed a better understanding about what it means to be a serious scholar, my writing in the English language has considerably improved and is so much better without the many “germanisms,” most of all those “clunks of nouns” and indiscriminately placed prepositions. Peter’s help with the translations from French to English has been invaluable. There have been times of struggle throughout this candidature. Somehow, Peter has found the right words of encouragement every time I needed to hear them. Peter, for your wisdom, kindness, generosity and ongoing support, I thank you. Karin Sellberg has taught me so much in terms of my thinking. Our conversations about philosophical underpinnings, conceptual connections and “intersectionality,” and not least how to craft coherent and well-ordered paragraphs have been marvellous. “What am I trying to say here?” and “Does it really belong there?” will stay with me in all life domains. Karin, I so admire your scholarship, your brilliant mind and tenacious work ethic, and most of all your kindness and courage to be vulnerable. I sincerely thank you for your longstanding assistance and support. Elizabeth Stephens once staged a timely intervention to save this project and protect it from harsh and possibly undeserved criticism when I lacked the words to do so myself. For her charming

vii resistance and for helping me understand that a change of school would result in a better match, better writing and ultimately a much happier candidate, I am so grateful. Elizabeth also took on supervision of this thesis when I struggled to find another supervisor who would have me. For your reassurance that the thesis was indeed worth writing when I needed to hear that more than ever, I thank you. Karen Healy helped me a lot in the beginning of this project, mostly in relation to what I did not want it to become. Most importantly, she taught me how to disengage from something that is not worth pursuing. I am grateful for that. Thank you to my fellow PhD candidates who were nothing but helpful and kind, while expecting little in return: Kim Hajek, Daniel Brandl-Beck, Paige Donaghy, and Michelle Pfeffer in particular. I am indebted to my friends and colleagues who took it upon themselves to read all or parts of the thesis, provided feedback and many suggestions for improvement for both chapters and conference papers. Gary Foster has been instrumental in helping me to conceptualise the topic and continually engaged with my writing. For your detailed and thought-provoking feedback, I am so very grateful. Stephanie Fielder and Fotina Hardy have helped me shape my argument so that there are meaningful linkages to contemporary child protection work. Sonia Thompson, I thank you for remaining curious and inviting me to think aloud over many cups of coffee. Some of the scholars I admire also took the time to read parts of my writing and make helpful suggestions for improvement: Erica McWilliam, Heike Bauer, Lesley Hall, Lisa Featherstone and Birgit Lang. I am grateful to Alison Moore for sharing final edits of her inspirational work and Yorick Smaal for sharing archival material I would not have found otherwise. Over the years, I have met and worked with many inspirational colleagues who have encouraged me and engaged in dialogue about aspects of the thesis. Thank you for putting up with my endless musings about things less often talked about in other spaces, and for challenging me to extend myself. A special thank you goes to Shirralee Ransley, Toni Cash, Josie Sharam, Kerri Wyeth, Loretta Inverardi, Margaret Hannan, Alison Bond, Vicky Yarrow, Steve Lock, Melanie Adams, Vanessa Diana, Vesna Jovic, Jessica Rodriguez, Rayleigh Joy, and Karina Brown. Thank you also to Vikki Watkins, Matthew Armstrong and Leanne Richardson; you have inspired and encouraged me with your kind words. For what it is worth, I am dedicating this thesis to my family: My parents Gabi and Manfred, who fostered my love of learning from a very young age, not least by letting me have almost completely unrestricted access to our little “library” and patiently enduring my curiosity and exaggerated sense of justice. My beautiful sisters and the world’s best travel companions Vera and Yvonne and their wonderful families have been the source of boundless gratitude and viii inspiration. They have encouraged me, offered me a place to stay whenever I needed it, and made sure I did not get lost in unfamiliar places. Thank you for your generosity, sound advice, many laughs, warm hugs and some tears you have shared with great food, beverages hot and cold and a big dose of childhood memories. My lovely parents-in-law Ivanka and Franc, who are always there to help, no matter what. To my brother-in-law Zoran: you rock. My children, Elena, Lukas and Mila, who are my greatest inspiration and pride — you are whom I wish to make proud the most. And last but most certainly not least, my partner and best friend Goran who never ceased to believe I could do this, who supported me in ways I cannot express in words and without whom I would not have started in the first place. Volim te do mjeseca i natrag. Ti si moje sve.

Financial support I was the recipient of a GSITA travel grant in 2016 and travelled to Barcelona to attend and present at the joint Conference by ESHHS (European Society for the History of Human Sciences) and CHEIRON (International Society for the History of Behavioural and Social Sciences), Barcelona, Spain, June 27 – July 1, 2016. I also travelled to Berlin to do some research in the Magnus Hirschfeld Archives. I am sincerely grateful for this support.

This research was supported by an Australian Government Research Training Program Scholarship.

Keywords Child sexual abuse, women, violence, sexual offending, gender, history, medicine, psychiatry, sexuality

Australian and New Zealand Standard Research Classifications (ANZSRC) ANZSRC code: 169901, Gender Specific Studies 40 % ANZSRC code: 220205, History and Philosophy of Medicine 30% ANZSRC code: 200205, Culture, Gender and Sexuality 30%

Fields of Research (FoR) Classification

FoR code: 1699, Other Studies in Human Society 40% FoR code, 2202, History and Philosophy of Specific Fields 30% FoR code, 2002, Cultural Studies 30 %

Table of Contents

List of Figures ...... xiv Introduction ...... 1 A History for the Present ...... 3 Could the Notion of Progress Promote Forgetting? ...... 5 But Are They Exceptions to the Rules? ...... 7 Feminist Accounts of Violence, Victimhood and Agency ...... 9 Investigating Impure Spaces by Telling Detail from a Distance ...... 14 How Kinds of Knowledge Produce Kinds of People ...... 16 A “Curved” Structure: Layers of Subjugation ...... 18 A Note on Translations ...... 21 Chapter One. Conceptualising Child Sexual Abuse ...... 22 The “Inception” of Child Abuse during the Twentieth Century ...... 22 Public Awareness of Child Abuse ...... 23 Representations in the Present ...... 27 Problems with Translation: Terminology ...... 28 Auguste Ambroise Tardieu’s Contributions to the Study of Child Abuse ...... 31 Materialist Descriptions of Child Abuse ...... 33 The Description of Violence in Tardieu’s Texts ...... 36 Two Case Studies Reported by Tardieu ...... 43 Adelina Defert ...... 44 A Case of Sexual Abuse by a Woman ...... 45 Medicalisation of Child Sexual Abuse: Concluding Comments ...... 48 Chapter Two. Dangerous Parents and State Regulation: The Family in the Early Third Republic ...... 50 Widening the Scope ...... 53 Nomenclature ...... 55 A Curious Mix of Power and Uncertainty: The Regulation of Families ...... 56 Parents but not Equals: The Gendered Spheres of Parenthood ...... 61 Children as Future Prospects ...... 65 The Rights of Parents and the Responsibility of the State: Morally Abandoned Children ...... 67

Chapter Three. French Criminal Anthropology and the Moral Offences of Rape, Attempted Rape, and Indecent Assault ...... 74 Separate Legal Categories: Offences against the Person and Offences against Morals ...... 74 The Study of Social Danger and Criminality ...... 77 Developing Legal Categories: Rape, Attempted Rape, and Indecent Assault ...... 79 The Gendering of Moral Crimes ...... 87 What of Violence? Diversifying the Definition ...... 91 The Reading of Statistics: An Attempt at Demographics ...... 93 Chapter Four. “Un Excellent et Parfait Honnête Homme”: Protecting Men from Precocious Children and Hysterical Women ...... 97 Indecent Attacks on Children ...... 102 Children’s Testimonies and the Question of Truthfulness ...... 104 “Malicious Allegations and Defamations by Children and Hysterical Women”: Men as Victims in the Narrative of Simulation ...... 111 Venereal Disease and Vulvitis – Cases of “Spontaneous Infection” ...... 115 Unreliable Evidence: Hymeneal States and the Question of Virginity ...... 117 “A Customary Criminal of a Special Genre”: Medical and Psychiatric Examinations of Alleged Offenders and the Question of Culpability ...... 119 “Anomalies of the Sexual Instinct among the Unbalanced”: Making a Case for Psychiatric Examinations ...... 120 Concluding Comments ...... 122 Chapter Five. Connecting the Body to the Psyche: Framings of Child Sexual Abuse in German Studies of Sex in the Late Nineteenth and Early Twentieth Centuries ...... 126 The Mind Full of Sex: Early Psychological Descriptions of Sexual Pathology ...... 129 Forming an Identity? The Setting ...... 134 The Normal and the Pathological as Categories ...... 137 Pädophilia Erotica. A Brief Exploration of the Original Diagnosis ...... 141 Secret Perversions in Normal People ...... 143 Expressions of Sexuality from Childhood ...... 145 The Discussion of Sexual Offending by Women in Early Texts of Sexology and Psychoanalysis ...... 148 Child Sexual Abuse by Servants, Nursemaids and Governesses: Two Case Studies ...... 151 xii

A Wound of Body and Mind: The Impact of Sexual Abuse on Children ...... 153 Concluding Remarks What the Historical Dimension Offers to Contemporary Concerns.. 161 Notes ...... 167 Bibliography……………………………………………………………………………...... 199

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List of Figures

Figure 2. “Planche I: Conformation de l’hymen a l’état normal et dans certains cas d’attentats à la pudeur [Conformation of the hymen in its normal state and in certain cases of sexual assault],” Étude médico-légale sur les attentats aux mœurs, 1867: 276. 37

Figure 3. “Planche II: Caractères de la defloration [Characterisitcs of Defloration],” Étude médico-légale sur les attentats aux mœurs, 1867: 278. 37

Figure 4: Alexandre Lacassagne, Précis de Médecine Légale, 1906: 727. 81

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Introduction

In his 1908 publication Das Sexualleben des Kindes [the sexual life of the child], Berlin neurologist Albert Moll remarked that “there are men and women whose sexual attraction is directed towards children [Es gibt Männer und Frauen, deren geschlechtliche Neigung auf Kinder gerichtet ist].”1 The notable absence of outrage or even surprise Moll displayed about both men and women being sexually attracted to children marks a rather stark contrast to the rhetoric of contemporary child sexual abuse discourse. Moll implied that women’s sexual abuse of children was entirely thinkable and did occur in environments where they were sharing the same space and indeed spent time alone with each other as members of the same household.2 Crucial for this thesis is to note that Moll’s including women alongside men as just as implicated in possible sexual offences against children diverges from contemporary gender differentiations in matters of child sexual abuse, where women as agents of such abuse have been rendered almost completely absent.3 First and foremost, I am writing this text as a child protection practitioner, who through years of navigating the complexities of applied practice has become familiar with how adult-child sexual relations are thinkable and speakable at this present time. The context I will pay most attention to will be the domestic space of the family home, rather than institutional settings, as the latter have received considerable studious attention recently, in Australia not least through the Royal Commission into Institutional Responses to Child Sexual Abuse.4 I am seeking through this thesis to foreground not simply the discursive differences between earlier and largely subjugated texts such as Moll’s and those more prominent in the eyes of contemporary child protection professionals, but to ask more precise and potentially troubling questions about how the possibility of women as perpetrators has become nearly impossible to consider.5 What has happened discursively to account for the presence of women in Moll’s text and their apparent “misplacement” in our reading of that text a century later? How have these women become invisible, unthinkable, and unspeakable in the context of contemporary professional practice? This thesis aims to investigate the historical dimension of contemporary framings of child sexual abuse in order to trace how women as possible offenders have become invisible to current child protection assessments and, consequently, interventions. Whilst taking inspiration from the present for a historical inquiry into the conceptualisation of child sexual abuse, I am seeking to trace preceding developments back to points of significance in its history. Moreover,

1 accounts of contemporary child protection practice do not often centralise history as their primary object of inquiry in order to deepen an understanding of present concerns. The few studies that do so often commence with Sigmund Freud’s early writings on sexuality, traumatic memories and hysteria and tend to move forward to discussions of work from the twentieth century.6 In contrast to these texts, my project seeks to evidence that an investigation of antecedents to sexology and psychoanalysis in its own right can help to illustrate some important developments for the epistemology of child abuse, and more specifically, child sexual abuse. In particular, the conceptualisation of child abuse in relation to the family at the fin de siècle has been identified as deserving of further scholarly attention.7 Emergent scientific discussion about sexuality was dominated by professionals of medicine.8 The thesis will therefore focus mostly on medical writings which emerged during the second half of the nineteenth and first decade of the twentieth centuries in France, which I aim to show was the site of greatest scientific activity on the subject at the time. Whilst not the only country to experience a spike in interest on the family as a site of moral danger,9 the French were perhaps the most committed to the formation and study of child protection.10 French enthusiasm for developing improved governmentality to protect children is reflected in the high attendance rate of French delegates at international congresses on endangered children. For example, France hosted the International Congress on the Protection of Children in 1883 and French attendees outnumbered representatives of every other country except the host nation more than three to one at the 1890 meeting on juvenile delinquency in Belgium.11 During this period so crucial to the emergence and gradual formation of many disciplines which have today been firmly established within the human sciences like psychiatry, psychology, criminology and sociology, French medical professionals were lead investigators in relation to moral and social decline. As part of their work on public hygiene to address concerns about degenerate tendencies in the population, they produced a substantial collection of texts on matters of child abuse, most of which are little known today within the Anglosphere. This included cruelty to children and moral crimes, in particular rape, attempted rape and indecent assault on children. In addition, ideas about childhood as distinct from adulthood which proliferated at the end of the eighteenth century, continued to experience significant nuancing.12 I aim to pay close attention to some of the discourses in circulation describing child abuse, and more specifically child sexual abuse, sometimes in close connection with violence and cruelty, and historicise them by placing them in a dialogue with articulations of ideas about childhood, parenting, and the family. Close reading of some of the key texts will reflect that the work of the French professionals

2 left lasting impressions on many German speaking authors who made important contributions to the fields of sexology and psychoanalysis from the late nineteenth to the beginning of the twentieth century. This transitional enterprise from French to German leadership on research on child abuse has not been the focus of many historical analyses so far. While French researchers founded their studies mostly on material signs and symptoms on the body, their German-speaking colleagues increasingly added considerations of the mind to their physiological and biological considerations. The substantial body of work both the French and German researchers accumulated during this highly productive time period has left a legacy that has shaped contemporary framings of child abuse and remained present, if unacknowledged, in the interventions which aim to help those who have been affected by it.

A History for the Present In today’s society, child sexual abuse has been recognised as a contentious and deeply offensive social problem, one that Ian Hacking has identified as palpable in the public mind as “the worst of private evils.”13 It is often regarded as a hidden crime, one that thrives on secrecy and relational power imbalances.14 Some have termed the related lateral anxiety about it a “moral panic.”15 Since the middle of the twentieth century, “stranger danger” has been an established term in education syllabi aimed at developing protective behaviours in children;16 yet many contend that most child sexual abuse is perpetrated by a person known to the child.17 Many texts on the subject emphasise that it is shrouded in secrecy.18 Media representations of it occur frequently, which indicates considerable public interest and concern.19 Medical professionals, police officers, child advocates, teachers and child care staff have been legally termed “mandatory reporters” of suspected child sexual abuse in Queensland.20 Recently in Australia, multiple institutions, including religious establishments, schools, orphanages and the Department of Child Safety, Youth and Women have been investigated for their historical responses to child sexual abuse allegations. The Final Report of the Royal Commission makes it clear that in many institutional settings, much effort has been invested in keeping occurrences of child sexual abuse hidden, and that has mostly resulted in the protection of offenders from visible consequences, rather than help for victims.21 The idea that all around us child sexual abuse occurs pervasively just out of view has over time become established in contemporary thinking.22 The consequences of its occurrence have been recognised as emotionally and physically harmful to those who experience it.23 Yet it appears difficult to define, to a point where professionals cannot seem to agree on a single definition.24

Hacking has shown that what counts and is understood as child abuse has been changing dramatically within a short space of time and the struggle to define it supports his statement that it is “not one fixed thing.”25 What available research frequently reveals are all the elements greatly limiting the chances that definite results will emerge from attempts to study it, thus thwarting expectations that positive knowledge about it can actually be sought. Instead, child sexual abuse specialists navigate the realms of tentative hypotheses, ambivalent possibilities and ongoing refinement of the epistemological work it calls for. At the same time as these uncertainties have established themselves as part of most research activity on the subject, one aspect many agree on, however, is that child sexual abuse presents as a gendered crime: the very great majority of offenders are male.26 This, many contend, is the one thing that can be established with certainty. This statement often forms the anchor of reliability for dominant hypothesising about child sexual abuse, one that determines most other assumptions about it. Accordingly, Carol Ann Hooper has postulated that “children tend to be safest from child sexual abuse in the absence of men.”27 Available statistics strongly validate and reinforce this statement.28 But whilst data are useful in showing trends, it has also been acknowledged, not least through flawed or failed attempts at data collection, that the dynamics of secrecy tend to complicate research activity.29 Knowledge gaps, if not specifically explored or identified, can be collapsed into a narrative that highlights only the most significant findings. Over time, a repetition of this process can lead to progressive simplifications which may end up masking the struggles, tensions and ambivalent findings in favour of that which can be established with some reliability. Furthermore, Vernon Rosario highlights that the “rhetoric of numbers and the anonymity of statistics” can imply that there exists a vantage point of objectivity within the human sciences,30 when in fact they can obscure how little we really understand about “common patterns of sexual abuse.” In other words, through gradual simplification of research findings a trend can be read as if it were a general rule. As a result, perceptions about child sexual abuse can appear to reflect a reality where only men sexually abuse children – not women, and not, for that matter, other children.31 I suggest that as a result of such general rule making, women as possible offenders vanished from sight and have become invisible to ongoing inquiry. I aim to draw on the study of history to investigate how this disappearance of women as offenders can be traced through a careful reading of texts taken from both contemporary and historical sources. My examination has involved a careful reading “against the grain”: Rather than seeking to confirm the dominant narrative, I aim to investigate whether and how current conceptual understandings of child sexual abuse might benefit from resurrecting and integrating a more nuanced position about

4 gender. In essence then, this “tracing” is more about the present than it is about the past. I very much aspire to write what Michel Foucault has called a “history of the present.”32 This is not about “writing a history of the past in terms of the present,”33 however. Rather, I plan to take care that I discuss historical concepts in the language of their time as much as is possible. It is likely that Moll’s statement which identifies men and women to be equally implicated as potential child sex offenders appears unfamiliar now because conceptual change over time has resulted in the subjugation of knowledge, to a point where earlier work on the subject appears disconnected from the knowledge of the present. As Judith Herman puts it, “we need to understand the past in order to reclaim the present and the future.”34 Therefore, writing a history of the present also entails using it as a history for the present: I anticipate that a resurrection and integration of earlier knowledge will indeed help to inform present and future child protection assessments and interventions.

Could the Notion of Progress Promote Forgetting? It seems obvious that contemporary descriptions of child sexual abusers rely rather solidly on gender differences. The advances that have been made regarding child sexual abuse research and increasing awareness in recent times have often been ascribed to feminist efforts which commenced in the 1970s. Male coercive power, these writings claim, is an integral feature of sexual violence.35 By now, the idea has been so well entrenched that, in some recent texts on the subject, authors do not even feel compelled to acknowledge explicitly they are discussing only males as sexual offenders.36 Yet even the presumption that men are more likely than women to hurt or exploit children is not evident in Moll’s quote cited above.37 The order of things, sexually speaking, has clearly changed since Moll made his observation a century ago. I must stress that I do not dispute that many more men than women engage in the sexual abuse of children: the research findings make that entirely clear. In light of those general findings, it could seem fairly problematic to suggest that “a small minority of women” also sexually abuse children. Such a claim could readily be dismissed as an unhelpful diversion from the main issue, even though the existence of such a minority has also been supported by research.38 As an indication that there is not enough reliable knowledge available about child sexual abuse by women, there is significant variation in assessments of how many cases of child sexual abuse women are actually responsible for, with estimates ranging from two or three per cent to over twenty per cent.39 Since there is arguably little reliable knowledge about how many people have experienced

5 sexual abuse by a woman, there are implications to consider for applied practice. Observations of attempted interventions with families inform of direct impact on people’s lives, and it is troubling from a child protection perspective that the notion of progress is potentially implicated in the disappearance of women as sexual abusers. Progress in this context could be taken to mean that somehow, child protection practitioners have “moved on” from earlier conceptualisations which have over time moved into obscurity. If newer is interpreted as better, and if better involves a process of forgetting or suppressing what has gone before, then it is certainly possible that a resurrection of an earlier, now unfamiliar discourse on sexual abuse could be regarded as an untimely distraction from the very demanding work of justifying child protection at the same time as actually doing it. That said, my purpose in delving into the gendered history of child sexual abuse is neither subversion of the dominant way we currently understand it nor passive acceptance of the disappearance of women as possible offenders. If the women have become invisible to our investigations and assessments, what has happened to their victims? Some have suggested the additional barriers which the notion of secrecy and fear of disbelief can help to form have deterred those who experienced abuse from disclosing it to others, thus making any efforts at intervention or offers of support rather unlikely.40 It is therefore probable that those who have been harmed through sexual abuse by a woman have not received validation or help that may have been much needed. Given how emotionally charged the issue of child sexual abuse is in contemporary discourse, I seek a different point of entry through investigating its history. This is not to argue that the current sentiment is misinformed, but to seek to examine further how the women described in Moll’s statement vanished from the inquiry, and along with them, their victims. Applying this lens will allow me to re-examine the issue by moving between categories, not just of gender, but also of sexual orientation and identity. As Joanna Bourke has recently commented, the terms “victim” and “perpetrator” can in certain contexts carry connotations of an identity that is associated with passivity and submission in the case of the former, and aggression and agency in the case of the latter: “Both these terms are shorthand attempts to problematise and historicise every component of the complex interactions between sexed bodies.”41 In cases of sexual violence, women and children are seen largely as victims, while men take up the role of perpetrator. In a legal context, however, the term “victim” draws attention to the physical and emotional hurt of abuse, rather than an identity.42 Following Bourke’s distinction, I aim to use the terms “victim” and “perpetrator” in discussions regarding legal proceedings with this purist stance in mind as my aim is to offer an alternative to the framing of identities which have over

6 time reached almost universal status within child protection discourse. Indeed, the category of sexual identity will receive some attention as one that developed and became increasingly refined throughout the formative years of the fields of sexology and psychoanalysis during the last two decades of the nineteenth and first two decades of the twentieth centuries.43 By moving between categories of gender and identity, I aim to open up spaces for speaking about gender differentiation and child sexual abuse by women that do not just confine them in the space of “exceptions to the rules.”

But Are They Exceptions to the Rules? While many contemporary texts about child sexual abuse align with the conceptualisation of it as a gendered crime for which men are singlehandedly responsible, at times texts emerge where their authors refer to a dark or “flip” side of this narrative as a “hidden truth” in need of uncovering, namely that some women also sexually abuse children.44 Taking this angle seems reasonable, given that sexual abuse crimes on children are very much associated with spheres of secrecy. Conveniently, the authors discussing the obscure nature of abuse are not required to concern themselves too much with demonstrating the accuracy of their findings. The objective of truth seeking when it comes to uncovering dynamics specific to the perpetration of child sexual abuse by women is framed as both an honourable endeavour and a catalyst for writing about it, while remaining unattainable. Accordingly, such texts make statements about how women can offend in almost total secrecy which has been provided by various covers. These may be offered by domestic boundaries of the “private sphere,” where women are in the majority as primary caretakers of children with unrestricted access.45 In that role, they often have opportunities to be alone with them so that the sexual abuse can unfold,46 or offending can be readily disguised as caretaking activities.47 There are texts in circulation to claim that sexual abuse by women might not be as harmful to victims, because women are gentler and less violent.48 Some go even further and discuss, most evidently in the case example of a female teacher having engaged in sex with a male underage student, whether the sex was wanted or even envied by peers.49 In contrast, other inquiries hypothesise that the harm suffered as a result of maternal sexual offending could be comparatively much worse than the effects male sexual abuse has on victims, because of the broken trust between mother and child.50 Whatever their evaluation, many accounts crafted in this fashion attempt something of a patchy comparative analysis which aims to highlight how women offend both similarly to and differently from men, only to conclude that child sexual abuse by women has not received sufficient exploratory

7 attention to justify any firm conclusion. It seems that such analyses communicate that currently our knowledge about women offenders is insufficient to make anything more than tentative statements about them, and that we lack insight in a physico-spatial, epistemological as well as a teleological sense, only offering vague conclusions at best which undermine attempts at detailing those narratives. These kinds of texts often conclude that these women’s motivation for sexually offending against children remains unexplored, rudimentary and opaque. The common contention is that we cannot know because their behaviour is unexpected, atypical and therefore difficult to understand.51 Many of these texts are, however, based on the assumption that our general framings of child sexual abuse as a gendered crime are mostly accurate and that we need to content ourselves that exceptions to the rules are to be expected. One recent article even takes this statement as its title: “The Exception that Proves the Rule: Female Sex Offending and the Gendered Nature of Sexual Violence.” The article is relying heavily on statistics which seem to confirm that sexual offending by women is so minimal that it largely reinforces the dominant framing of it. Ironically, the author also concedes that “victim/survivors of female-perpetrated sexual abuse do not usually disclose abuse,”52 even acknowledging that this latter statement directly undermines its main hypothesis: If many victims do not disclose the abuse suffered at the hands of women, how do we know it is minimal? The article does not say. Instead, the text informs that “over half of all female sex offenders in the criminal justice system co-offend with a male perpetrator,” quite “naturally” assuming the women were forced or coerced by the men who co-offended with them. Neatly fitting some of the predominant assumptions about gender, the article does not outline clearly how the authors reached their conclusion that it must have been the women who were coerced by the men or why there could not possibly be any variations regarding the outlined offense pathology.53 It appears that even as offenders, it is taken for granted that women are the victims of someone stronger than them. Such accounts seem at first glance to highlight an aspect of the problem of child sexual abuse which is not commonly discussed, and is therefore worthy of consideration. What is disturbing about them however is that these framings tend to lock female offenders firmly into their role of “other”, thus constituting an anomaly. Such accounts ensure that they remain atypical members of their gender group. In terms of their discursive usefulness, I argue therefore that such texts work to highlight Woman’s diversion from what is expected of her, her otherness, her perversion and her monstrosity, rather than considering what her existence might mean for general acceptance of the dominant discourse about sexual abuse. There is certainly uncomfortable tension which

8 derives from many layers of uncertainty. What these accounts do not do is ask some curious questions about the way in which this discourse has come into being in the first place, in order to expose the contemporary understanding of it to greater nuance.54 I must stress that such narratives are problematic for my attempts to interrogate the dominant discourse about the perpetration of sexual abuse against children, since ultimately they only seem to highlight the gender divide. They may lead away from any problematising of the underlying assumptions at play, and that is most certainly not what I am aiming for in my contribution. I am much more interested in developing some epistemological shading by paying close attention to language and narrative details presented in the sources I am using. One aspect often discussed in contemporary texts about gender-differentiated abuse, one that I agree with, is that generally, women are not expected to act in ways which result in harm to children, particularly not by transgressing sexually.55 As Bourke remarks, “women’s customary identity as nurturers inhibits discussion of female belligerence.”56 This will continue to form a focal point of my analysis throughout. I want to consider in particular how collective assumptions about women universally have helped to create a discourse in which the active display of “undesirable” or “dangerous” behaviours by women remains unaddressed.

Feminist Accounts of Violence, Victimhood and Agency The functional norms of any profession establish the boundaries of what can be properly thought and consequently result in practical applications. In the domain of child protection, the functional professional norm emphasises strongly that the very great majority of sex offences against children are committed by men. More often than not, these narratives appear to follow a common structure which is easy to recognise and engage with, in line with what Hacking calls a “looping effect,” through which professionals’ expectations have been shaped towards finding that which they are already anticipating.57 Such looping effects can shape both behavioural expectations and actual behaviours in accordance with particular “kinds” of people, which have emerged through modern social science’s “concern for classification, quantification and intervention.”58 Having developed from an interest in typologising behaviours, I suggest in accordance with Hacking’s claim that “perpetrators” and “victims,” insofar as these terms are used to label identities, are examples of human kinds which have become particularly gendered. To assume that perpetrators are men has become one of the most common ways to engage not only in the discourse on sexual abuse but also that on violence, and in particular, intimate partner violence.59 In such framings of violence, men have been

9 viewed predominantly as the aggressors while women and their children are assigned the role of victim.60 Women’s strength or resilience lies in their survival of male-inflicted suffering, yet again forcing them to “define themselves in terms of the actions of the perpetrator,”61 as Bourke points out. They have been attributed submissiveness, docility and nurturance, especially when they are mothers, in which case they appear to be expected to protect their young as a first priority. This can include the assumption that they ought to willingly make whatever sacrifice is needed to keep their children safe. It seems that the image of the mother as the sacrificing parent who survives, protects and endures has over time become an expectation that can be taken for granted in child protection practice and result in a moral double standard where professionals’ evaluation of the intervention’s efficacy is also highly gendered. Commonly, mothers have been held to account much more than fathers. While this statement applies to violence in more general terms, it includes the discourse on sexual violence where the gender divide seems to be at its most pronounced.62 Many feminist accounts support this view as central to their activism. One of the most important objectives within feminism in fact has been to deconstruct dominant masculine identities which had been grounded in the tradition of “natural order.” Most importantly, these contributions argue, oppressive practices which were deployed by men against women in the name of patriarchy used dynamics of power and control to force women into submission and perpetuate their disadvantage in all life domains, to a point where this dynamic established itself as unchangeable. As a result of this looping effect, the dominant discourse stipulates that if women are victims, they cannot also be offenders. This appears to be happening despite frequent assertions that humankind is capable of inhabiting more than one social role simultaneously.63 It seems, however, that there are certain blockages occurring which are stopping many professionals from contemplating what this possibility might mean for their efforts at effective intervention beyond its typical linear framing where often only one option is considered in terms of what role the adults played in harming their children. I suggest that child protection interventions might need to focus more on multimodal functionality. In particular, this would include the consideration that women could exert agency, possibly at the same time as being subjected to someone else’s. Indeed, some have explored as limiting, possibly even sexist, the assumption that women do not initiate and engage in sexual initiatory and at times, violent behaviour.64 I therefore aim to make a case that the dynamics apparent in human relationships are multimodal, and like child sexual abuse, not one fixed thing either. With this in mind, the thesis explores how assumptions about male perpetration and female victimhood have over time solidified as “default positions,” not to mention the many secondary

10 assumptions that consequently follow such positioning. Those can include prevailing standards of heteronormativity and cultural privilege.65 I want to understand the kind of knowledge that makes it possible to say in principle who is known to harm children, examining how that knowledge has gradually hardened into a firm concept, a process which Foucault has warned could prove “a hindrance to research”66 and lead to dangerous assumptions about truth.67 This dominant discursive claim must be questioned, therefore, precisely because it presents as fixed and unchangeable while the available evidence is marked by uncertainty. In consideration of this account of feminism, the very topic of my thesis could potentially give rise to the discursive suspicion that my paying any attention to women as possible abusers of children could betray feminist advocacy. After all, I am pointing out that women might indeed make choices which do not align easily with the dominant view of child sexual abuse. That could be regarded as counterintuitive and offensive, threatening to derail the congruence of the argument and discredit the notion that women are oppressed in “innumerable ways.”68 So much is at stake and to some, it might appear as if I was siding with those who seek to maintain the status quo. A rather worrying trend seems to be, however, that there is a general reluctance to further explore violence by women. Not surprisingly perhaps, Birgit Lang has recently pointed out that female violence remains under-researched,69 often by feminist contributions themselves,70 for reasons relating both to gender normativity and to political resistance. Yet, it seems fairly short sighted to just ignore it for reasons of political correctness, and so I agree with Lang that accepting victimhood as the only possible position for women actually sustains notions of dominant masculine identities, precisely because it reaffirms those power imbalances in an unhelpful circularity. I suggest that this particular lens regarding gender not only drew attention to male subjects as those who offend, it also helped to obscure and at times, further mystify women as offenders.71 Defining feminine identity only in the language of victimhood bears some dangerous consequences: it continually cements a way of thinking that makes female agency impossible to attain. Consequently, I seek to trace how gendered assumptions have indeed contributed to how people could potentially assume that “naturally” agency is entirely with men when it comes to making attempts at ending intimate partner violence. Through writing this thesis I have become acutely aware that there continue to appear significant gaps regarding current efforts to address sexual violence. For example, the Australian Institute of Family Studies recently published a comprehensive report on the prevention of child sexual abuse, in which they identify as a barrier to improvement prevailing “forms of masculinity and rigid gender attitudes that endorse men’s social dominance, entitlement (including sexual entitlement), authority and control in a

11 range of settings.”72 Whilst this may accurately reflect the information the authors reviewed in the literature, they fail to consider the idea that forms of femininity in accordance with rigid gender attitudes might also have a role to play. Instead, they attribute responsibility for family violence and abuse, including sexual abuse, solidly to men. Rather than exploring in some more detail the assumptions they are making about “dynamics of power,” in somewhat one- directional linear fashion they also see the “power for change” as lying entirely with men, thus denying women agency. This is precisely the kind of looping effect that associates women’s “natural behaviour” and gender roles with submission to masculine power. It places responsibility for “good choices” solely with men, again creating a dynamic where women end up as dependents who can at best join the verbal appeal. There does not seem to be much confidence that women could hold more agency than that. While I am drawing attention to a fact that is out of keeping with an established discourse — there are women who have sexually offended against children — my project makes claim to be a feminist contribution nonetheless. If women are to conquer the much contested terrains of both agency and equality, normative rules of a “gender lockdown” must be challenged to entertain other possibilities. I aim to do this by offering a more nuanced inquiry into the masculine and feminine that moves beyond such dominant identities. For example, this could be the idea that women can and do assert agency by intentionally breaking the rules, not adhering to moral, legal or ethical conduct. Sometimes, they choose to hurt children. As Nikolas Rose has shown, the prescriptive notion that all women must be maternal and therefore must like children is itself deeply problematic and highly gendered.73 By supposing that men alone inhabit the space we call criminality and psychopathy, this could perpetuate a disadvantageous power imbalance, thus threatening the feminist project and keeping it unnecessarily confined. There are chances it will remain locked down in an unresolvable paradox: attempting a feminist claim to power while at the same time, playing to the chords of patriarchy by accepting the role of victim for women as the only option. In line with the idea of “natural order,” female inferiority has been established and presented as an unalterable truth for many centuries, often claiming that women’s bodily functions, in particular their reproductive cycles, were so unstable that they could be the cause of female emotional instability. 74 Foucault has pointed out in The History of Sexuality (I) the double bind of the creation of the hysteric through a process of hystericisation of women’s bodies as unruly, unreliable and dangerous, whilst assigning women not just biological but also moral responsibility for reproduction and parenting which were authorised and delegated by medicine.75 My inquiry has found in French medico-legal discourse from the second half of

12 the nineteenth century a striking discord between the infantilisation of women and the increasing accountability they held for the future success and wellbeing of the nation. Legally, women had very little autonomy or agency in regards to their lives or the lives of their children, while they became increasingly responsible for raising the next generation of honourable citizens. This was similar in the German speaking countries76 and also England77 and Australia.78 Holding these two positions simultaneously has created some uncomfortable friction many professionals still grapple with today: A mother’s inferiority manifests most often in the articulated assessment outcome that since she does not hold much power in the relationship with her male partner, she has therefore limited capacity to successfully protect her children from his violence. And yet, the great majority of child protection interventions aim to work primarily with mothers and other female members of the family, thus holding women much more readily to account for both the protection of her children from her partner’s violence and the efficacy of the intervention. While often left unaddressed, the resulting impasse can create a rather disorganised state of affairs, where the process through which the goal of the intervention could be achieved is not always identified clearly. At the same time as women’s inferiority manifested in diagnoses of mental disorders which featured physical and emotional instability, men firmly maintained their status as subjects, but not objects of scientific activity and research.79 Conversely, as late as the early twentieth century women were largely regarded as “objects to be studied, managed, and contained,”80 including notions of sexuality were women were described as passive receivers, rather than desiring agents. It culminated, as Mark Micale has shown, in the “controlling, panoptic gaze of one sex onto the other.”81 This has led to women’s broader social, political and economic oppression and helped to justify very limited opportunities for female self-determination, says Kirsten Leng.82 In my experience as a child protection practitioner, I have observed that infantilisation of women still occurs when assessments automatically assume them to be victims. This is particularly so in the domestic space. More headway has been made in the public domain, for example by gradually reversing and reforming laws that aim to ensure equal rights in the workplace. The domestic space, on the other hand, remains unequal. My project is an attempt at claiming equality in an area that might be perceived as unwanted when seen through the lens of feminist political activism. I assert that this is necessary for a move forward — away from imagery in which women remain in the unresolvable and unsatisfactory double- bind of sainthood and promiscuous madness but always, unequivocally as victims, either of others or of their internal deficiencies. Accepting that agency could lead to undesirable, regrettable and terrifying outcomes has potential benefits: If women can choose to harm others,

13 it must be possible for them to avert the pressure of being held to a higher moral and ethical standard while at the same time experiencing continual infantilisation.

Investigating Impure Spaces by Telling Detail from a Distance “The historian is insensitive to all disgusting things […].”83 Child protection is a professional field in which time is a luxurious commodity. Studying the history of a concept might therefore seem a luxurious endeavour. My purpose here, however, is to attempt a contribution which acknowledges that further diversification and nuancing of the available narrative surrounding the thinkability of women as offenders is important to enable child protection assessments that are more accurate and therefore better able to support effective interventions in situations where children are unsafe. It may be necessary in that regard to discuss briefly just what might count as an original contribution. Without following the methodology I aim to use for the thesis, Lloyd deMause has written a history about child abuse, quoting earliest cases in the literature from Confucius.84 The history of childhood, he says, “has been a nightmare from which we have only recently begun to awaken.”85 People have abused children since the beginning of time, he says, so what about that is so special or exceptional that it warrants the fervent research activity it has received since the 1960s? Could it be that we simply forgot that these writers had pointed this out centuries ago? DeMause’s unapologetic claim to universality is, however, deeply problematic in that any attempt at historicisation is left out of the equation. The history which he attempts to tell is so broad that any detailing would derail its claims without too much effort. The amount of interest social and moral hygiene generated, not least among medical professionals, throughout the nineteenth century is a case in point: Chiara Beccalossi has recently shown that during this time physicians made issues about sex “the object of intense specialised analysis unparalleled in previous medical study.”86 This is not just telling in terms of the emergent recognition of child abuse as a widespread phenomenon, it also highlights the associated political and moral anxieties about it, which had not been seen before and constituted a marked departure from its earlier history. My project, in contrast to histories like deMause’s, seeks to establish and examine hypotheses which can serve to nuance the narratives currently in circulation. This I aim to do by paying close attention to discursive shifts in the texts I am consulting, making central to my writing a careful telling and, at times, re-telling of details. Thus, the entire project strongly distances itself from a claim to universality. My purpose to explore and tell detail from a temporal and spatial distance is hardly a new idea.

Much of the work Foucault has contributed to the history of sexuality describes and models this focus in the way discourse reflects gradual shifts and struggles towards the acquisition of knowledge and understanding. His writings have been highly influential for both developing this method and applying it to history. Throughout, I will therefore work methodically to attempt what he has called “an insurrection of subjugated knowledges,” an undertaking that helps to question predominant narratives by paying attention to “historical contents that have been buried and disguised in a functionalist coherence or formal systemisation.”87 While they very much contribute to the emergence of functionalist theory, subjugated knowledges remain hidden, unless explicitly insurrected through exploring a history of contingencies and struggles. What I seek to do here is to explore such contingencies by offering detailed re-telling of the epistemology of child sexual abuse as a concept, with particular reference to assumptions about women as offenders. Foucault challenges the idea of a narrative of progress and is much more interested in uncovering the conditions under which historical concepts emerged and changed over time. Studying discourse, says Foucault, requires “patience and a knowledge of details.”88 It is no coincidence then that Scientia sexualis, according to Foucault, operates on the notion that no concept ever remains the same. The genealogical method which Foucault has taken up and developed for a historical inquiry aims to move away from the idea that there could be a moment of inception from which ideas developed into concepts in teleological fashion. Instead, a genealogy seeks to resurrect all that is small, subjugated, convoluted, impure, tenuous, strange and accidental, in order to acquire a deeper understanding of how the concepts under investigation came to be, at times, so firmly established that they appear ancient, unchangeable, and universal. If particularly solidified, they can be taken for granted and thus resist the challenge of inquiry. Not unlike the careful work child protection assessments and interventions call for, genealogies seek to investigate the impure, the coincidental and unformed, for an opportunity to articulate with greater clarity processes of conceptualisation and solidification. Therefore, they cannot have a moment of inception, or Ursprung, because that would assume that it is possible that this method could capture “the purest essence of something.”89 Instead, they home in on the “not timeless but essential secret that they have no essence.”90 If there is no origin, consequently there also cannot be a “millennial ending.”91 Instead, all that Foucault acknowledges as inevitable are processes of change and movement.92 Implementing the genealogical method for my thesis, I am therefore not prepared to make the assumption that because there is evidence in history that children were mistreated, a more careful exploration is not warranted. That would amount to saying that it is pointless to explore

15 antecedents to the current situation since nothing can be done about it. My whole purpose here is to explore and write about details in order to help inform current practice with the aim to become better tailored, better informed and better able to protect children. As a practitioner and historian, I articulate as my purpose to practise rigorously insensitivity to things that others might term “disgusting”: applying what I have learnt through my engagement with this topic might help children and their families. That said, I am keenly aware that there is no pure space in which to conduct child protection work, which is why I argue the genealogical method seems an ideal application to such spaces as its entire purpose is to study impurities.93 There are often so many competing narratives and hypotheses that effective decision making can be impacted to a point where investigations carried out by those of us in the so-called “helping professions” may not always end up being helpful. This can occur regardless of the good intentions that mobilise attempts to support children who for whatever reason cannot be looked after safely by their families. Speaking of struggles, investigation and assessment work with children and their families often means grappling with multiple accounts from multiple sources in spaces which are themselves difficult to inspect. In a sense, using a genealogy as a way to investigate child protection therefore seems ideal: its premise is to accept a level of impurity through the acknowledgement that there are glitches, accidents, tensions and paradoxes which defeat the idea that there could be a moment of inception or an original source of some kind. Notwithstanding these complexities, there is sufficient evidence available to confirm that sexual abuse by women has happened and still does happen, and its “unthinkability” therefore warrants further inquiry.

How Kinds of Knowledge Produce Kinds of People Apart from their methodological usefulness, Foucault’s texts are indeed equally relevant for their content. From about the eighteenth century onwards, says Foucault in the History of Sexuality, four rather distinct strategic mechanisms of knowledge and power emerged which centred on sex. Foucault terms them “a hystericisation of women’s bodies,” “a pedagogisation of children’s sex,” “a socialisation of procreative behaviour” and “a psychiatrisation of perverse pleasure.”94 Throughout the thesis, I will be investigating these mechanisms in pursuit of more nuanced hypothesising in relation to how contemporary understandings of child sexual offending and abuse have changed dramatically since the second half of the nineteenth century. During this time period so pertinent for the independent formation of these disciplines within the human sciences, Foucault has explored how clinical examinations increasingly turned the

16 individual into a “case.” The examination of the patient results in the recording of a case history, through which the ordinary individual becomes elevated to an object of knowledge which can be described, measured, judged and compared with other individuals, not least to determine whether any modifications are necessary by way of correction, institutionalisation, or exclusion. At the same time as constituting a branch of knowledge, says Foucault, their accumulation results in “a branch of power.”95 Their existence can be used as scientific evidence and create an air of expertise. The thesis will rely heavily on this historical casuistry which, through attempts at cataloguing and categorising, generated abnormal or deviant identities. Given that most of them were recorded by male medical professionals, the voices of the individuals who feature in these case studies have largely been represented but not recorded verbatim and therefore cannot be reflected independently from their examiners. In terms of the identities that emerged out of these four mechanisms of sex, Foucault suggests they are exemplified in the hysterical woman, the masturbating child, the Malthusian couple,96 and the perverse adult.97 All four identities are directly relevant to the discourse I am exploring and will therefore feature throughout the thesis both in a relational and a gendered dimension. Keeping in mind Hacking’s “looping effects,” I am particularly interested in connecting their respective developments with related discussions in primary sources from the late nineteenth and early twentieth centuries and, to some extent, twentieth century feminist discourse. Via the exploration of these mechanisms of sex I seek to understand how the process of dissemination of knowledge shapes particular personae, or “kinds of people,” which Hacking deems essential for the process of identity formation. I award central status to the study of their emergence. Not everyone is in agreement about the formation of sexual identities, however. Harry Oosterhuis critiques Foucault on this point, for allegedly implying that “before 1870 deviants like homosexuals, masochists, fetishists and transsexuals did not exist, nor did their counterparts, “normal” heterosexuals.”98 The passage reads as though Oosterhuis accuses Foucault of somehow claiming that before 1870 people did not engage in behaviours that can now be described with the help of these categories. My and others’99 reading of Foucault’s texts, for example the History of Sexuality: An Introduction100 and his lecture series Abnormal101 suggest in contrast that Foucault presents an analysis of emerging pathologisation of individuals which resulted in the gradual inception of categories of sexual deviance. Alison Moore has pointed out recently that Foucault had “located the discourses of sexuality that emerged at the end of the nineteenth century in precarious tension between incitement and taboo,”102 where they “sought to channel, to regulate and to provide structures of meaning.”103 Consequently, that which did not exist were not the individuals who were engaging in acts that

17 could later be determined “sexually deviant.” Rather, for want of these categories, it appears that Foucault suggests that people were then unable to absorb such labels as descriptors of their or others’ identity, which is now so often the case.104 Furthermore, since the idea that there is such a thing as identity was also nascent, the person could not yet adopt their deviant behaviour as a sole identity or type. By tracing the formation of these key sexual identities, I intend to further clarify how the persona of the sexual offender in contemporary child protection discourse came to be highly gendered.

A “Curved” Structure: Layers of Subjugation The thesis has a structure that sets out to lead in and out of varying layers of subjugation, while relating each chapter’s object of inquiry back to the present situation. An analysis of present- day child protection discourse regarding women as possible offenders forms the frame that foregrounds five chapters. The first chapter will commence its investigation into the medicalisation of child abuse by recounting the “battered child syndrome,” which proved highly influential in the development of a theory of child abuse from the middle of the twentieth century.105 This is followed by a discussion of twentieth-century feminist discourse in relation to child sexual abuse. Both of these developments are well known and have been discussed with much rigour. Keeping in mind what is already available, I do not intend to rehearse a comprehensive discussion of either; I am merely using them as a springboard for the study of lesser known sources which I deem pertinent for the narrative about women as sexual offenders. The chapter aims to show that the medicalisation of child abuse in the twentieth century had some rather significant antecedents which have now been almost forgotten. Indeed, from the 1850s through to the 1880s, French legal medicine provided the forum for early discussions about sexual attacks on children. I plan to show that French medical professionals were at the forefront of this development. The most comprehensive texts are by Auguste Ambroise Tardieu, who wrote extensively on crimes of both physical and sexual violence, many of which had been committed on children. Tardieu offered a large collection of case histories to illustrate his forensic examinations. He also recorded cases of women who had both sexually and physically offended against children. These texts are significant in that they show comprehensive explorations of physiological signs of violence and abuse on bodies which reflect a corporeality not seen in such detail before. They also provide insight into how these physicians grappled with their observations before an actual concept of child sexual abuse had come to exist. And not least, they show some insights and ongoing discussions about the

18 prevalence of sexual assaults on children which for the first time framed them as common rather than a rare succession of isolated incidents. It seems that media reporting has been developing a kind of obsession with what others do in private, in particular if they have been suspected of moral transgression and criminal activity.106 This fascination with deviant behaviour that is hidden away through techniques of seclusion can be traced back several centuries, when ideas about the nuclear family and “the private sphere” took shape and became a functional element of political discourse about governmentality.107 Foucault has explored how, over time, both a fascination with those who commit crimes and growing concerns about inherent danger to society emerged, most visibly in the rise of psychiatry during the nineteenth century. Leading this development, says Foucault, psychiatry increasingly articulated the need to “control the dangers hidden away in human behaviour.”108 Chapter two investigates how medical discourse became increasingly intertwined with legal and political developments in the second half of the nineteenth century in France. This had significant implications for the regulation and medicalisation of the nuclear family, which included increasing seclusion of spaces which were termed “the private sphere.” These spaces received a lot of attention through governing efforts while at the same time their seclusion prevented full insight from the outside. Increasingly formalised functions and dynamics of power which shaped relationships within the family contributed to the regulation of gender roles. During the time period I am investigating, women’s subordination was not only established as a necessary part of “natural order,” it was also enshrined in civil legislation both in France and in Germany. For example, the German Civil Code (1900) referred to women in only two roles, those of wife and mother. Their dependence manifested in economic disadvantage, limited access to education and exclusion from formal political life. Not only that, the Code defined them as legal minors with little control over their lives, bodies, their children, or their finances. Those were all controlled by men.109 The situation was not much different across the Rhine in France where Patria Potestas had long been an established concept so as to present it as “natural.”110 The chapter traces how these developments have directly contributed to gendered framings of child abuse, and more specifically, child sexual abuse, by again exploring medico-legal sources by French professionals which are not commonly read within the Anglosphere today. At the same time, the contextualisation of crime became part of a medical as well as a political endeavour. In order to regulate and ultimately prevent crime, medico-legal professionals made a case that it was essential to get to know more about the offender.111 Medical professionals who contributed to the field of criminal anthropology were particularly interested in learning

19 more about the moral crimes of rape, attempted rape and indecent assault. They attempted to develop, for the first time, typologies that would inform both forensic examination and criminal proceedings in relation to adults who had committed a moral crime on a child. These texts are the object of study for chapter three. For the most part, earlier medico-legal texts conceptualised as believable the disclosures children made about having been assaulted and discussed the reasons for doing so at length. Towards the fin de siècle, however, medico-legal professionals became increasingly doubtful on that point. They suspected for various reasons that the children they encountered for forensic examinations following an alleged sexual assault were lying about it and offered exhaustive investigations that homed in on that possibility. Chapter four analyses tensions within the history of children’s and women’s disclosures and early gendered assumptions about them. Whilst these authors’ original writings have largely been subjugated, their framings of women and children’s reliability as witnesses in court continue to shape modern day assumptions, at times making it appear that in order for the accused to remain presumed innocent until proven guilty, those who alleged a crime had occurred were deemed guilty from the outset.112 The French medico-legal professionals largely remained within the realms of positive knowledge centering on the visibility of bodies and the descriptions of physical signs and symptoms of an assault. With the work of the French forming a strong basis, sex as the object of scientific study underwent conceptual shifts at the fin de siècle with the emergence of sexology and psychoanalysis as fields of study.113 As Heike Bauer notes, through their contributors’ work the psychological became intertwined with the social, showing clearly that the dimension of the mind became integral to social renegotiations, perhaps at its most overt in the linkages between sexual acts and identities.114 This significant shift occurred with the production of texts predominantly in the German-speaking countries that included considerations about the mind in their descriptions of sexual trauma. Chapter five features some prominent texts which have remained much more prevalent in current discussions of child abuse, as well as texts which are not read with the same frequency. It explores how the German- speaking sources show significant indebtedness to their French colleagues as their authors were indeed well familiar with French medico-legal discourse, an aspect of their work which has not commonly been explored in relation to child abuse. The chapter closes with an analysis of some of Freud’s most prolific writings in order to investigate his publications regarding the seduction theory. Finally, the conclusion will once again make a case that continual nuancing of the dominant narrative about child sexual abuse in the present and future could benefit ongoing child

20 protection assessments and lead towards better targeted practical interventions. Where suitable, I will intersperse my findings from the primary sources with observations from the present to point out these linkages, not to indulge in anachronistic collapsing of time, but to highlight in the present glimpses of the important developments which were occurring then.

A Note on Translations Many of the original French texts I am using have not been translated into English. Furthermore, I have chosen to read the original German sources even where translations exist to ensure greater accuracy of interpretation. Unless otherwise indicated, the translations in this thesis are my own.

Chapter One Conceptualising Child Sexual Abuse Nihil sub sole novum. The “Inception” of Child Abuse during the Twentieth Century “The battered child syndrome is a term used by us to characterize a clinical condition in young children who have received serious physical abuse generally from a parent or foster parent,” wrote C. Henry Kempe and colleagues in 1962.115 Building on the work of paediatric radiologists Ingraham and Heyl (1939) and Caffey (1946),116 Denver-based Kempe and his colleagues had been engaged in research about non-accidental injuries in young children since at least 1945. They coined the term “battered child syndrome,” with the publication of a paper in the Journal of the American Medical Association. Their study of X-rays which showed undeclared injuries in children under the age of three years confirmed long held suspicions they were the result of physical violence. Medical practitioners had been noting that the account caregivers provided about how the injury was sustained was often incongruent with the physical trauma on children’s bodies, and denial by caregivers of their actions became a feature of battered child syndrome cases. Physicians concluded that parents in such cases had lied about their children’s injuries in an attempt to dispute accusations of physical abuse against them. Their publication linked medical research firmly with child abuse, and by using the word “syndrome,” Kempe et al. emphasised that they understood abusive parents to be mentally unwell and in need of help. About the characteristics of the abusive parent they wrote: Often, they are described as psychopathic or sociopathic characters. Alcoholism, sexual promiscuity, unstable marriages, and minor criminal activities are reportedly common amongst them. They are immature, impulsive, self-centred, hypersensitive, and quick to react with poorly controlled aggression.117

Clearly aware of how contentious the issue of physical discipline as a parental right was in 1960s America, they were working, as the above shows, to set apart abusive parents as different to most other parents, because they are impacted so severely by bad habits that they make impulsive and immature parenting choices. The close association with pathology, poorly controlled aggression and criminal activity worked to highlight the identifiable markers of bad parenting which could be easily recognised in public discourse. This passage shows a striking resemblance to medico-legal texts from the nineteenth century which discuss degenerative traits of the ”dangerous classes,” whose apparent moral decline had become the object of both social and political anxieties about the future of the nation. They feature in chapter two and

22 three. Marking a distinction between their object of study and readership, it seems that Kempe et al. gave their target audience the impression they were not discussing parents in general, nor were they accusing good parents who make a deliberate parenting choice to physically discipline their children of child abuse. While they were careful not to generalise, another deliberate strategy was the focus on very young children. Commenting on their publication later, Kempe et al. disclosed they had chosen infants as the object of their study because at such a young age they were undeniably innocent and too young to be punished with such brutality. This allowed the researchers to evade arguments with conservative colleagues about the right of parents to use “corporal punishment” as an accepted and widespread practice in the United States.118

Public Awareness of Child Abuse In his book chapter “Kind-making: The Case of Child Abuse” Hacking describes how, starting with Kempe and his colleagues, public awareness of child abuse began to increase throughout the 1960s, to a point where writers could proffer retrospective accounts of “child abuse before Kempe.”119 The publication of the article was thus established as a pivotal moment. This was, according to Hacking, before discussions about the sexual abuse of children were thought possible in public fora, even though medical researchers and practitioners later admitted they had been aware it was happening in some families. Hacking mentions that whilst public acknowledgement of child sexual abuse as a social problem emerged after about 1975, previous documentation of it provided high statistical estimates for up to thirty-five percent for girls and thirty percent for boys during the 1950s.120 As David Finkelhor has outlined, efforts to understand the prevalence of child sexual abuse prompted an increase in research about it in the following decades, which made it appear for a time as though child sexual abuse was much more prevalent in the United States than in other countries. Over time, this narrative experienced continual correction as efforts to explore demographics increased internationally. As it turned out, says Finkelhor, the prevalence and incidence of child sexual abuse cases in the United States were not exceptional in comparison with other countries after all, although direct comparisons between countries were not possible due to the qualitative and quantitative differences of the actual studies that had been conducted to find out more about it. 121 During the same time period in Australia, the frequency with which allegations of intrafamilial child sexual abuse led to trials in court indicates there was at least some awareness of its regular occurrence: Lisa Featherstone and Andy Kaladelfos have recently investigated attitudes towards violence and intrafamilial sexual abuse in Australian white families during the 1950s.

Their examination of court transcripts clearly demonstrates that sexual violence against children, particularly girls within the family, was recognised to be common, but often minimised as a regrettable aberration on the responsible adult’s part where the defense counsel and often the ruling highlighted they had not intended to sexually assault the child, which could make the abuse sound more like an unfortunate accident than a crime. It appears the acceptance with which these statements were received helped to dismiss further concerns about any negative physical or emotional impact the sexual assault might have had on the children who experienced it. Consequently, ongoing support for victims was almost non-existent. However, fathers’ carnal knowledge of their daughters had been recognised as a specific criminal offence since 1883 in Australia.122 It was to be over forty years however for Australia to include incest as a crime in its Penal Code through the Crimes Amendment Act in 1924.123 England had done so in 1908.124 Once such trials had actually reached the higher courts, conviction rates for these charges were rather high: In New South Wales, for example, over fifty percent of cases tried in the higher courts reached a “guilty” verdict.125 While deliberations of these crimes occurred predominantly in court, discussions within the public sphere were uncommon at the time. As for the transition from negotiations in specialist settings towards greater public visibility, it may be possible, speculates Hacking, to date exactly when public awareness about child sexual abuse was first raised: April 17, 1971, when Florence Rush addressed the New York Radical Feminist Conference about it.126 Rush had publically denounced Freud’s theorising about childhood sexual fantasies as an attempt at a “cover-up” in his later work, in order to distance himself from the seduction theory. Earlier in his career, Freud had presented his paper Über die Ӓtiologie der Hysterie [On the Aetiology of Hysteria]127 to his colleagues at the Verein für Psychiatrie und Neurologie [Society for Psychiatry and Neurology] on April 21, 1896, in Vienna.128 In a bold move away from Charcotian thought which had prioritised neurological causes, he offered an evaluation that his patients were largely suffering from symptoms of hysteria because they had unconsciously repressed memories of early sexual trauma that they had often experienced within their own families. The paper did not have the effect of scientific acclaim so desperately desired by Freud, however. Instead, he experienced an icy reception.129 Jeffrey Masson outlines in his reading of Freud’s letters to Wilhelm Fliess that Freud suffered profoundly from the lack of support and professional isolation he felt following the presentation of the paper.130 Freud himself never became comfortable with the seduction theory, says Rush, barely mentioning it in his work, and only publically disavowing it as erroneous in 1925,131 when he “was able to reassign the abuse to female fantasy.”132 Freud’s claim that his patients’ “memories” of intrafamilial sexual assault and abuse were in

24 fact erotic fantasies conveniently supported patriarchal systems and negated the need for change, reflected Susan Brownmiller in her introduction to Rush’s text The Best Kept Secret: Sexual Abuse of Children. A systemic response was not required, according to this way of thinking. The challenge to patriarchal family structures had therefore been alleviated. Brownmiller recalls Rush’s remark that “even Freud himself preferred to alter the historic record rather than come to terms with certain unpleasant truths.”133 Over the years, the practice of psychotherapy has been establishing the notion of “do no harm” as one of its non-negotiable ethical principles.134 Rush’s account highlights, however, that psychoanalysts who dismissed their patients’ disclosures of sexual abuse as mere fantasies have indeed contributed to plenty of harm and helped to maintain the status quo. No efforts were made to change patriarchal dynamics of power within the family and female patients did not receive the help they were looking for from their therapists. This rather blasé attitude displayed by many psychoanalysts instead placed responsibility for the emotional turmoil female patients experienced not with their abusers, but with them. They were clearly regarded as the ones with the problem and hence declared the victims of their own deviant fantasies. As a result, patients had been left feeling violated, humiliated, confused and alone, further increasing their suffering. Such is the account of the cover-up of the seduction theory which has been represented in some secondary literature. It will be subject to a more detailed discussion in chapter five, as my study of Freud’s original texts on the matter has indicated that things may not actually be as straightforward. Moreover, the gendered account of hysteria as a diagnosis causes another difficulty. Micale has recently shown that Freud and other professionals treated male patients who had been diagnosed with hysteria and presented with similar accounts of early sexual trauma as their female patients.135 Rush published her book in 1980, for which she had expanded the material of her conference paper. She sought to raise greater awareness about the prevalence of child sexual abuse as “not an occasional deviant act, but a devastating commonplace fact of everyday life,”136 and to describe the often ruinous impact such abuse could have on those who had experienced it as children. In her book, she prioritised girls and women as victims of sexual abuse by men who were often from the same family. Indeed, Rush’s and other feminist activism has done much to bring child sexual abuse to public attention, most acutely emphasising the profound and troublesome impact on those who had been subjected to it as children. This has strongly shaped practical implementations of social justice efforts and guided the way in which child protection practice has been implemented and regulated on a federal and world-wide political agenda, not

25 least highlighting taken-for-granted practices around patriarchal corporeality and bio-power. Feminist thinkers made it clear that they were tired of a society where men got to control what happened to women’s bodies and lives, how they were supposed to think, feel and act. The exploration of politics of the body form a large part of feminist studies, strongly linking it to an interplay of privilege and oppression, which is regulated by power struggles.137 Exploring how a political agenda manifested in the use of bodies, Jacques Donzelot, in his canonical text La Police des familles [The Policing of Families] deferred to the work of Foucault, who some years earlier had begun to investigate and describe the relationship between politically driven power struggles and the body as the locus through which they evolved.138 The bio-political dimension, said Donzelot, Foucault intended to use as a filler for “the endless cleavage between politics and psychology by taking account of […] the proliferation of political technologies that invested the body.”139 In a sense, feminist discourses of the 1970s and 1980s, with their strong political agenda aimed at resisting male corporeality, strongly highlighted the power differentials in the dynamics of sexual abuse. These texts described how adult men used their sense of entitlement and control to sexually abuse girls, often in an intrafamilial setting. “Without feminism, there is little likelihood that the idea of child abuse would so quickly have absorbed the notion of sexual abuse of children,” Hacking observes.140 Some have argued, particularly more recently, however, that much of feminism has primarily focused on father-daughter incest, thus dismissing at times both the prevalence and the impact of sexual abuse on boys.141 Hardly any attention has been paid in recent literature to women as abusers,142 perhaps because such an inquiry may appear to be undermining the strongly voiced diagnosis of patriarchal power relations at the core of child abuse. This way of thinking has been given renewed momentum through recent state and federal government campaigns to “end violence against women and children,” including sexual violence.143 With this casting of women at the receiving end of violence, those who struggle and endure, I am not convinced that this rather one-dimensional interpretation is enough to address the complexities of human behaviour. Consequently, then, I want to make a case that women can be in situations where they have experienced, endured and struggled against abuse, and at the same time, they might also be perpetrators of abuse, against their children for example. I argue in this thesis that women’s capacity and agency in that regard has not been explored to the extent it could be. Bourke has commented that the most common approach to the undeniable presence of women among perpetrators of child sexual abuse, was to simply deny this fact any particular significance.144 Rush’s book is in fact a case in point: In her chapter about “the sexual

26 abuse of boys,”145 she dismisses the question of whether women could be capable of sexually abusing boys by quoting one small qualitative study of six families with incestuous relationships between fathers and sons which was published in the American Journal of Psychiatry. In those six families, the study had not found any presence of mother-daughter or mother-son incest,146 which seems to have been enough to confirm for Rush it did not occur, suggesting that she considered an inquiry into that possibility so unnecessary that academic rigour was not required to answer it. In this instance, any exploration of child sexual abuse cases which did not neatly fit the theory that patriarchal oppression was at the root of all this evil, was rejected as an untimely and unnecessary distraction from feminist advocacy.

Representations in the Present The aforementioned developments form a powerful narrative when studying child sexual abuse as a specialist field, particularly as it is encountered in Anglo-American texts. Contemporary references to the history of its recognition and increasing awareness of it in the public domain frequently do refer to Kempe and his colleagues followed by the feminist movement during the 1970s and 1980s as primary contributors.147 Both prevalence and incidence confirm it remains a pressing social problem. The Australian Bureau of Statistics published numbers in 2005 which estimate that one in three girls and one in five to six boys experience child sexual abuse before they turn eighteen years old.148 As Hacking points out, the “battered child syndrome” has had a major influence over how we conceptualise and approach child (sexual) abuse today. When one explores historical case descriptions of child sexual abuse, however, there appear some inconsistencies in Hacking’s text, which have mainly to do with historicising the emerging recognition of it as a common occurrence, but also with discussions about the historiography of medicalisation. Hacking’s narrative may be indicative of a wider trend in the Anglosphere to remain focused on sources from English-speaking countries and internationalise rather specific findings which are largely dependent on demographics. Susan Brownmiller’s comment that Rush was “the first thinker to see child sexual abuse not as an isolated incident but as a pervasive pattern with antecedents of social acceptance”149 demonstrates this view. This often repeated take on establishing a story of the succession of events seems limiting and contrary to what contemporary researchers did at the turn of the twentieth century: they were accustomed to reading one another’s work, irrespective of cultural and linguistic boundaries.150 By exploring other cultural contexts, namely France and the German-speaking countries, whose representatives were nonetheless dominating the fields of legal medicine and sexology at the fin de siècle, I am able to show that

Hacking has left out some important points which may enrich and also correct the narrative of how child sexual abuse came to be conceptualised. One of Hacking’s major claims outlined in both his 1991 article and 1999 book chapter is that concepts of physical and sexual abuse of children did not exist before 1962 and 1971, respectively, nor were their antecedents medicalised. There are texts written by legal doctors in the nineteenth century, however, which explore in depth adult-child sexual interactions. These texts explicitly name a multitude of cases where children had experienced sexual violence from adults, both men, and to a lesser extent, women. In a large number of cases, these men and women were in a close relationship with the children, often as their parents. I will be discussing these texts below.

Problems with Translation: Terminology In his texts about discourses of child abuse, Hacking makes a clear distinction between the terms “cruelty to children”— prominent in the second half of the nineteenth century — and “child abuse,” emerging since the 1960s: “Child abuse has been a medical concept; cruelty to children was not. That is one fundamental way in which they differ,” Hacking writes.151 Whilst some “medical men” were prominent as philanthropists in the cruelty to children movement, which had been initiated with the help of early feminists, including Josephine Butler,152 they did not consider their philanthropic work as part of their role in medicine, Hacking claims. Instead, cruelty to children was addressed in three major systems: the police, the courts, and philanthropic societies like the National Society for the Prevention of Cruelty to Children (NSPCC) in Victorian England. The idea that children were in need of protection from moral corruption and vice can be traced back to concerns about the rapid growth of urban centres which continually faced overcrowding and poverty in their working quarters in the wake of the Industrial Revolution in Victorian England.153 Children were vulnerable to exploitation, and organised child prostitution had been held up for attention by a series of sensationalist articles called “The Maiden Tribute of Modern Babylon: the Report of the Secret Commission,” which was authored by William Thomas Stead.154 They were first published in the Pall Mall Gazette from 4 to 10 July in 1885. Stead placed mothers who prostituted their children for financial gain alongside women who acted as intermediaries between mothers and “clients” at the centre of his article series.155 Their publication helped to create a moral panic about the spread of venereal disease and the contamination of innocent children and prompted the Criminal Law Amendment Act in 1885 where the age of consent for girls was raised from thirteen to sixteen

28 years.156 Indeed, medicine did not play a primary role in this movement, which was similar to what happened in the U.S. where philanthropic organisations took leadership in efforts to protect children.157 In his 1976 article “The Discovery of Child Abuse,” which Hacking cites,158 Stephen Pfohl presented this view. Pfohl, however, did not point out he was exclusively discussing the U.S. context in relation to “the discovery of child abuse.” It seems that Hacking has attributed international historic significance to the example of Great Britain and the United States, and elevated them to representative status for all other countries, thus championing them as primary sites of development at the fin de siècle. In making this assumption, however, Hacking has excluded from his narrative some discourses which offer valuable insights and help to historicise further the medicalisation of child sexual abuse discourses. These sources are very rich in contextual detail and illustrate how thinkers grappled with making sense of adults who directed behaviours towards children which could and often did hurt them. To further historicise what Hacking has described thus far, it becomes indeed necessary to pay close attention to some writings from the nineteenth century. Relevant texts emerged in legal medicine during the second half of the nineteenth century, for example accounts written as part of the examination procedure for assault victims. The British and the North Americans, however, did not feature as champions of this movement: Rather a lot of work in this area was done by French medico-legal practitioners.159 To honour their efforts, which have remained largely subjugated within the Anglosphere, the thesis will focus closely on research and case studies which French practitioners published in the second half of the nineteenth century. Most of these texts have never been translated into English. Exploration of later texts by German-speaking authors is the subject of chapter five. To make these discourses relevant and accessible for the Anglosphere, then, careful translation becomes crucial to the endeavour. While examining the terminology used to describe sexual crimes, difficulties with delineation quickly became evident, particularly when I attempted to translate key terms or expressions used in the French and later German texts. The term which appears in Hacking’s texts, “cruelty to children” was commonly used in Victorian England to label cases of child physical abuse. “Cruelty” refers to a personality trait or a state of being, both in the perpetrator and the crime. This is not easily comparable to the French context. The French used terms which are very different in their descriptiveness, both in the way they group types of crime and how they interpret criminal actions. Comparing some key terms, les sévices, found in some French texts, most notably Tardieu (1860)160 seems to correspond well enough to acts of cruelty, usually with the implication of cruel acts of punishment by someone in a position of power. Commonly translated as “abuse,”

29 it can however mean something more general – like harsh and physical treatment as a means of disciplining children which is considered a parent’s right and not necessarily abusive.161 Les sévices does not encompass the kind of moral judgement “abuse” does. It was not used often in French texts of this time period, however. The main terms which commonly appeared in nineteenth century texts to describe, or somewhat circumscribe, the sexual abuse of children were the more general les attentats aux moeurs [attacks on morals]” and, included in attacks on morals, “les viols [rape]” and les attentats à la pudeur [attacks on modesty],162 which was the common term for “sexual assault.” Tardieu, in his text Étude médico-légale sur les attentats aux mœurs provided the following definition: It suffices in this regard to acknowledge the following distinctive sign when speaking of attacks on modesty, whether they are committed with or without violence: complete intromission with or without deflowering characterizes rape, and non-intromission is distinctive of a simple attack.163

According to this definition by Tardieu, the act of intromission distinguished the more serious crime of rape. Traditionally, however, this much clarity in regards to defining what was actually meant by these terms was rather uncommon. Jan Goldstein, in her 2010 book Hysteria Complicated by Ecstasy: The Case of Nanette Leroux discusses how earlier nineteenth century terms used in French medico-legal discourse tended to circumscribe what was commonly agreed to be a violent crime against someone’s purity, or moral standing. Thus emerging towards the second half of the nineteenth century, by “attacks on morals” and “attacks on modesty” in a rather literal sense many writers seemed to deliver a description of the modesty of young girls being attacked or assaulted, not excluding the sexual but not clearly naming it either.164 As Diederik Janssen remarks, “the early modern essence of pudeur was its imminent violation,” which led to an “incurable injury of the heart.”165 For some French writers like Tardieu, as I will be detailing below, acts of violence clearly included crimes of sexual assault on children and therefore he did not engage in efforts to delineate them. “Cruelty to children,” on the other hand, does not necessarily implicate a sexual component. Moreover, in contrast to the word “cruelty,” “attacks” does not refer to a personality trait, but to an incident or an action. The use of such vastly different terminology could have contributed to a complication of the comparative exercise of delineation across a number of cultural contexts. In addition to his unduly circumscribed approach to geographical extent, while attempting to contextualise the nineteenth century texts, Hacking remains vague about how sexual offences against children were regarded and discussed in the nineteenth century. He writes that sexual offences were distinct from cruelty to children,166 however does not describe in detail how their

30 conceptualisations differed and how intervention efforts emerged in practice. As for evidence of circulation, Louise Jackson points out that in Victorian England the term “sexually abused,” although not widespread, was first used in William Balfour’s 1864 translation of the forensic medical text Handbuch der gerichtlichen Medizin [A handbook of the practice of forensic medicine] by Johann Ludwig Casper, which is widely cited in nineteenth century literature on the subject.167 Jackson states that Victorians, though at the time devoid of an overarching term, would have recognised the term “child sexual abuse.”168 Practical implications become relevant in particular when examining nineteenth century French medical reports prepared for the courts, where child abuse included a clear sexual component. In the early French texts on the subject, they were not necessarily kept separate. I will now focus in more detail on some of the written accounts, exploring how they identify and describe cases of child abuse, including sexual abuse.

Auguste Ambroise Tardieu’s Contributions to the Study of Child Abuse Probably the best remembered French medico-legal professional in the second half of the- nineteenth century is Tardieu (1818-1879). Tardieu was a highly successful forensic medical expert, holding a number of distinguished positions in French medical institutions.169 He was also an avid writer and published widely on pathology, public health, and contemporary topics of legal medicine.170 His contemporaries nostalgically remembered him as a “marvellous orator and artist in words,”171 contrasting his animated testimonies to the laconic medical presentations of his successors. In more recent times, Tardieu’s work has been mentioned by historians of sexuality in queer and gender studies in relation to his distinctly negative comments on homosexual practices.172 Some have referred to the third part of Tardieu’s 1867 text Les Attentats aux moeurs, titled “De la pédérastie et de la sodomie [On Pederasty and Sodomy].”173 In this part of the text, Tardieu discussed in detail “the excessive dilation of the anus” as the result of “passive pederasty.” His work has been largely dismissed in recent publications as outdated, and not unreasonably so: for example, during forensic examinations for the court, Tardieu had engaged in measuring penis sizes and anuses of the accused to attest whether homosexual activity had taken place between males. The impact of that part of Tardieu’s work has continued to be felt. For example, Vernon Rosario reported in 2014 that the “funnel-shaped anus” or extreme dilation of the anal orifice, which Tardieu claimed could be developed as a result of repeated homosexual acts between males,174 provided the basis for criminal prosecutions in Egypt, where homosexual

31 activity is still criminalised and publicly denounced: “suspects” can be mandated to medical examination which is guided by Tardieu’s descriptions.175 Moreover, Gary Foster points out in his thesis on male to male rape that the Adult Sexual Assault Examination Manual which was published by the Queensland Government Medical Office as late as 2003 actually offers a guide to recognising signs of non-consensual anal penetration which bear similarities to Tardieu’s description.176

Figure 1. “Planche IV. Exemple des désordres que produit la pédérastie passive ou la sodomie [Example of disorders resulting from passive pderasty or sodomy],” Étude médico-légale sur les attentats aux mœurs, 1867: 271. Throughout the section to which contemporary writers have referred, Tardieu’s writing is marked by strong language that shows the then commonplace moral righteousness and repulsion regarding sexual practices outside the norm of what could properly be thought “acceptable.” Tardieu linked sexual activity between members of the same sex to moral decline and degeneration, which was in line with the views other medical professionals sported at the time.177 These now mostly outdated views tend to deprive him of credibility and regard with contemporary researchers. In describing these acts, Tardieu focused almost exclusively on anal intercourse as a marker of sexual activity “contrary to nature.” It is telling that he had also included here a subheading titled “Des Attentats contre nature commis sur des femmes,”178 which described the anal rape of women by men. This shows that he regarded anal intercourse,

32 whether between members of the opposite sex or same sex, as “contrary to nature,” but anal rape was more aberrant to him than vaginal rape.179 In addition, he grouped men-on-boys sexual activity with general sexual activity between members of the same sex. The act contrary to nature in the form of same-sex activity appeared to have superseded the seriousness of rape as a general attack against morals. By grouping adult-child sexual offences with sodomy and pederasty, Tardieu did not provide a clean demarcation. Instead he created, or possibly even reinforced, a causal connection between same sex relations and adult sex with children, a false linkage many have attempted to correct, with varying degrees of success.180 This may be a consequence of a general lack of distinction in Tardieu’s writing between child abuse and child sexual abuse more specifically, because the delineation had not yet been made in the medico- legal literature, neither by Tardieu nor anyone else at the time. Moreover, in Tardieu’s text, the second section titled “Viols et attentats à la pudeur” focused on heterosexual rapes where mostly girls and women had been raped or sexually assaulted by men, and to a lesser extent, women. There is also a small section on women who had engaged in sexual activity with boys.181 So, his structuring appears to have resulted in the unfortunate alignment between same sex intimacy and child sexual abuse, falsely collapsing them into variations of the same deviancy, before a concept of child abuse, let alone child sexual abuse as a widespread behaviour existed.182 And to be fair, the term “paedophilia erotica” was not coined until Krafft- Ebing wrote a specialist article about it in 1895.183

Materialist Descriptions of Child Abuse For my purpose here, I assert that Tardieu’s writing is nonetheless worthy of close reading, because his work on sexual acts between members of the same sex, while substantial and deserving of criticism, sits alongside other work by him in which his expertise and medical knowledge manifest the greatest relevance for today’s practices in child protection work. Jacques Arveiller in 2011, for example, recognised Tardieu as the person who established child abuse as an object of medicine.184 With this in mind, I detail his writings on recognising and examining cases of child abuse, including child sexual abuse. It is the topic of two of his major works: “Etude médico-légale sur les sévices et mauvais traitements exercés sur des enfants” [Medico-legal Study on Abuse and the Ill-treatment of Children],, published in the Annales d’hygiène publique et de médecine légale in 1860, and the aforementioned Etude médico-légale sur les attentats aux moeurs [Medico-legal Study on attacks on morals] (seven editions, 1857- 1878), which specifically discusses rape and indecent assault both on adults and, more frequently, on children.185 In both texts, Tardieu clearly stated his purpose was to educate and

33 support court work, since he was aware that many questions had remained unanswered in writing. His extensive experience navigating both the Paris Morgue and the courts enabled him to describe injuries and physical signs of abuse he had observed, including on many bodies of children, both alive and post mortem. In the course of his career, Tardieu provided a forensic account in 5,238 court cases.186 Over a century before Kempe et al. published their research and Rush spoke in New York, Tardieu was the first who clearly identified that abuse of children was not rare.187 This included sexual abuse. Tardieu mentioned the work some of his English colleagues had done in relation to deplorable working conditions for children in workhouses and coal mines during the British Industrial Revolution but their focus had not been on child abuse per se: they concentrated on the exploitation of children as workers and their right to be treated fairly, reflecting how the English might have been influenced by Marxist writings and discourses from the United States in relation to slavery. In England, the term “child slave” emerged, being used to highlight the poor conditions in which these children lived and worked.188 Other writers had cited singular cases of maltreatment of children before Tardieu did, for example Adolphe Toulmouche (1853) and even Paolo Zacchia (1651). Tardieu acknowledged both and highlighted they were primarily interested in singular cases where children had been whipped and beaten with ropes. Neither Zacchia nor Toulmouche had mentioned anything about widespread prevalence of child abuse, however, and apart from whipping and flagellation, they also did not consider other kinds of physical maltreatment, nor did anyone else, as Tardieu made abundantly clear: “I repeat that there is nothing to be found in the literature.”189 The abuse children suffered according to Tardieu’s observations often happened within the context of raising and educating children, like the home, or situations where they were assigned as apprentices to learn a trade, and often resided with their employers. What is also remarkable from the viewpoint of the present is that Tardieu strongly asserted that the abuse these children had suffered had been inflicted by the adults closest to them: “I refer to those acts defined as abuse and mistreatment, and children are particularly victims of their parents, their teachers, in other words of those who exercise over them a more or less direct authority.”190 Tardieu broadened the scope to an exploration of all kinds of child abuse, because he observed that these cases are multiplying, that they provoke indignation, that they must not catch the physician off guard, for he is often the only one capable of denouncing the crime to the legal authorities, and that they must not remain unknown to the forensic expert enjoined by the courts to explain their true character and to unveil all the circumstances of the deed.191

The texts by Tardieu do not present a psychological account, but prioritise a strongly materialist

34 conception of what constituted abuse. For him, abuse manifested first and foremost in physical harm, and his objective was to examine and trace physical injuries on bodies to provide an explanation of how they came to be. By professional definition, psychology had no place in his writing. Tardieu clearly stated that he regarded the medico-legal expert’s purpose in the judiciary space as the professional who had the training and expertise to describe injuries and marks on both the alleged victim and offender’s bodies, so that the court could then determine whether a crime had taken place and in what way it had been committed: It seemed to me that a path most useful to follow […] was to detail the facts themselves, independently of any forensic opinion, as they present at [the point of] observation, preserving their general appearance, and describe them following the nosographic method. This analytical exposé will make it possible to examine and to discuss with full knowledge of the cases, the many medico-legal questions which can give rise to lawsuits in matters of rape and indecent assault.192

According to positivist philosophy, medical science distinguished between the use of nosologic and nosographic methods. Within this matrix, nosographic descriptions provide information about symptoms and behaviours only. If used exclusively, authors had precious little to say about underlying causes, so important in psychopathology, for example.193 Tardieu was decisively interested in materialist descriptions. His own contribution, he said, was that his experience allowed him to not only focus on one case, but to establish commonalities between case specific observations which could provide comprehensive answers to questions often raised by the prosecution of cases of rape and indecent assault. This, he said, was all the more important as those questions which he had answered many times throughout his career had not been addressed in writing before.194 Accordingly, Les Attentats aux moeurs contains, in its second part “Viols et les attentats à la pudeur” a catalogue of twenty-four “frequently asked questions” to which he provided comprehensive answers.195 For example, addressing a widespread colloquial belief and practice, Question nineteen discusses whether infection with a venereal disease, most commonly syphilis, could be cured through having sexual intercourse with a virgin.196 So commonly did respondents cite this folk belief as a reason why they had engaged in sexual intercourse with a little girl, said Tardieu, that despite better knowledge he had to answer this question seriously, so that the courts could dismiss this claim as the bad excuse it was. The longest discussion he dedicated to stains on clothing (Question twenty-three), including the presence of semen. He outlined in detail what these stains could be and how they could provide clues to the forensic expert from which to deduce the actions that had occurred while the alleged offender had committed the assault.

The Description of Violence in Tardieu’s Texts Tardieu saw sexual violence first and foremost as a form of physical violence. He stated that traces of violent rape can be found apart from defloration, if examination takes place swiftly after the crime. This includes injuries both of the sexual organs and other body parts where the victim could possibly have tried to resist the attack and defend themselves. He mentioned arms, hands, thighs above the knees, neck, lips, face, and breasts, where bruises, scratches and cuts would appear frequently.197 As for the question of genital examination, Tardieu strongly supported the view that rape and indecent assault of children is possible without leaving any physical evidence on the genitals. He acknowledged that at times, it was very difficult to ascertain just by collecting medical evidence that a rape had occurred; however that did not rule out the possibility. This view was supported by Tardieu’s predecessor Adolphe Toulmouche.198 Fully aware of the large volume of work which surrounds the existence of the hymen, or better, the myths of the intact hymen as a sign of virginity, Tardieu offered a long discussion of various hymeneal states in which he detailed conclusions he had drawn from the many genital examinations he had conducted.199 This includes illustrations.

Figure 2. “Planche I: Conformation de l’hymen a Figure 3. “Planche II: Caractères de la defloration l’état normal et dans certains cas d’attentats à la [Characterisitcs of Defloration],” Étude médico- pudeur [Conformation of the hymen in its normal légale sur les attentats aux mœurs, 1867: 278. state and in certain cases of sexual assault],” Étude médico-légale sur les attentats aux mœurs, 1867: 276. He stressed that defloration is not always the consequence of a rape, nor do all girls and women have a naturally intact hymen. Following discussions of the hymen that reach back as far as Ambroise Paré’s collected works (published in 1575) and Georges-Louis Leclerc de Buffon’s L’Histoire naturelle de l’homme (1749),200 Tardieu asserted that many girls only have a partially developed hymen at birth, and some do not have one at all. Tardieu explained that in very young girls, the disposition of the skeletal structure, for example, narrowness of the pubic arch and tight tissue structure prevented complete defloration. He asserted that forensic examiners therefore needed to be very aware of signs of inappropriate touching and friction of the genitals without defloration, which was of course much more difficult to establish through examination of physiological signs, as they did not always leave physical traces on the body.201 Tardieu clearly included a thorough examination of the body, as well as clothing items of both alleged victim and offender, to trace whether a crime had occurred. In contemporary child protection practice, it seems the focus has narrowed for the terms of reference medical practitioners receive in relation to alleged crimes that involve child sexual

37 abuse. Often in modern texts, the area medical researchers tend to primarily focus on has been reduced to the genitalia, not always considering the entire body, as Tardieu did extensively in his work. 202 In 1860, when he was adjunct professor of legal medicine at the University of Paris, Tardieu provided detailed descriptions of most forms of child abuse in “Étude médico-légale sur les sévices et mauvais traitements exercés sur des enfants.” Unlike his considerably longer book on les attentats aux moeurs, it did not find widespread recognition, and was only cited by his contemporaries and successors insofar as they worked in the same specialist field, and often, to refute his opinions. I will discuss their writings more in the next chapter. In “Les sévices et mauvais traitements,” Tardieu offered an account of carefully summarised observations, which he followed up with thirty-two case studies to illustrate his findings. In three-quarters of those case studies, Tardieu found that parents had abused their children. In eighteen of the thirty-two cases, the injuries they had suffered were so severe that the children died as a result. Tardieu noted that the way in which children suffered varied immensely and it was impossible to reduce the instruments with which they were hurt to just a small number. He listed beatings by hand, punches, kicks with shoes or boots, whipping with rods, beatings with sticks, rope, whips, pitch forks, thorns, shovels, and pincers; […] children thrown to the ground, pulled in all directions, pinched, and torn.

Tardieu also included “deprivation of all kinds” in his observations, like “lack of care, insufficient or coarse food, sequestration in dark places like narrow dungeons, lack of exercise, exposure to cold,” and finally, he said, tortures taken to the extreme consist of repeated burns with red-hot irons, hot coals, corrosive liquids, mutilations, crushing of the fingers, pulling out hair and pulling off ears, suffocation by the violent introduction of too much food and finally, defilements of every kind which go as far as the forced ingestion of excrement.203

What is striking about this text is the confidence with which Tardieu detailed his findings. Tardieu communicated strongly a belief that forensic experts could and should make diagnostic statements about the aetiology of injuries which could lead to criminal convictions of perpetrators beyond reasonable doubt. Having said this, Tardieu predominantly focused on examinations of alleged victims, not perpetrators, although he supported the view that an examination of alleged perpetrators was necessary. He did not detail these examinations, other than to say that sometimes victims could identify the culprit by naming distinctive marks on their body, like tattoos or scars. This, he said, was important for both men and women who were accused of having assaulted a child.204 For the forensic descriptions, Tardieu applied what

38 he declared to be neutral, rationalist language, staying clear of moral statements. The nosographic method, it seems, Tardieu reserved for forensic descriptions of the examinations he performed and the way in which he presented specific case studies. He also included passages which communicate moral reasoning, in particular a general belief in victims’ testimonies as truthful. In his chapter on “defence systems most often used in cases of rape and molestation,” Tardieu described strategies used by the defence counsel to rationalise accusations as simulated, and articulated his belief that most of the time, such an attack could not have been simulated as the evidence he had collected very strongly pointed to violent assault, which included rape and sexual assault.205 Following on from his conclusion that most accounts of rape he had been provided by children were true, Tardieu declared severe and repetitive abuse of children to be morally wrong and urged medical practitioners to intervene in response, making a compassionate appeal to his colleagues and representatives in the police, judiciary, and government to help achieve better protection of children. The following paragraphs examine a passage from the 1860 text in which Tardieu developed a number of important threads which illustrate some of his views on child abuse, and I will present translated passages from it in order to discuss these in succession, for the purpose of subsequent reference. 206 Tardieu suggested further study was needed to better understand and perhaps assess situations in which children experienced abuse: These stories offer us an opportunity to study new and unusual situations, from a forensic view point, by reason of the young age and the constitution of the injured subjects, by reason of the varied agents causing the injuries, and by reason of the serious, often terrible, consequences of this abuse.

This “opportunity to study new and unusual situations” required some sort of a basic agreement amongst professionals that the forensically examined injuries in children were indeed the result of non-accidental actions by adults around them. Tardieu did make his case by sheer quantity of case studies and strongly advocated for broader intervention to occur, in the form of collaboration between a number of systems. To illustrate his point, Tardieu provided a variety of possible causes for severe maltreatment that would likely be recognised by his contemporaries as common relational observations. The things he quoted in the following passage could serve to explain what he observed in his casework, possibly excusing abusive behaviours by caregivers: […] The stern inflexibility of a schoolmaster, the hard-hearted cupidity of an employer, the dislike of a stepmother could explain some of the physical punishments, even the more severe ones, but from the earliest days of their lives such piteous defenceless beings are destined each day, each hour even, for the cruellest of abuse, are submitted to harsh deprivations, their lives having hardly begun are already a martyrdom, such

torment, such physical tortures from which the imagination recoils lay waste their bodies, extinguish the first awakening of their minds and cut short their very lives.

The first part of this passage addresses the question of discipline. Tardieu acknowledges here that one might assume dislike or inflexibility of educators could explain and perhaps even excuse harsh punishments. Essentially, however, he argues that the impact of the abuse on the children he had examined was much too severe to affirm this possibility as a sufficient explanation for their injuries and the deprivations they had suffered, often for long periods of time. Whilst a general moral stance on the right of the parents to use corporal punishment as a means of disciplining their children was very much an accepted view in the second half of the nineteenth century, Tardieu did not by any means attempt to condone actions he perceived to be unjust and morally wrong. Notably, he did not defer to the required non-interference in the context of privacy and protection of families in which most of these narratives would often develop, nor did he accept the aforementioned rationales for adult behaviour as “good enough” reassurances that further examination and intervention were not warranted. An acquittal of the adults he held responsible for severe child maltreatment he did not condone in any way; rather, he appealed to his colleagues to intervene out of compassion and pity for the children who experienced such abuse at the hands of those who were in charge of raising them. Clearly, Tardieu felt the sufferings of these children were essentially unnecessary and incomprehensible, committed by those who are supposed to be protective and kind, and offer shelter and safety. The following passage seems to include a message about wanting to make these horrendous injustices against children known, so that those who were in a position to promote change would collaborate to do so: These stories become even more unbelievable because their tormentors are often the very ones who gave them life in the first place, and they are examples of a horrendous problem that would unsettle the soul of a moral philosopher and even the conscience of a magistrate.

The cited passage implies that Tardieu wrote it assuming wide recognition and thus advocating practical intervention. However, this did not eventuate. In a later text, Tardieu expressed frustration that his text did not generate the protective actions he had hoped for. Apart from a small number of texts at the turn from the nineteenth to the twentieth century which acknowledge Tardieu as an important contributor to the conceptualisation of child abuse,207 he remains a lesser known figure in contemporary discussions. To my knowledge, a recent detailed analysis of his texts on child abuse has not been published. I will outline possible reasons for this move into obscurity in chapter four, where I will discuss some of his successors

40 like Paul Brouardel, Alfred Fournier and Léon-Henri Thoinot, who represented a different view on the matter. Anticipating the rather obvious question of whether he thought that insanity could be at the root of this terrible failure of kindness demonstrated in the incomprehensible behaviour by parents and caregivers, Tardieu did allow that possibility and offered the following reflection: For my part, I am not surprised that one would attempt to invoke some aberration of the sentiments, or a kind of insanity, as an explanation for these acts of ferocious brutality and of mindless violence performed by de-naturalised mothers, and too often condoned by weak, cowardly fathers.

Women, in accordance with “natural order,” were the ones who were responsible for raising the children, nurturing and educating them to become valuable citizens.208 Mothers who use overly harsh discipline, torture and starvation on their own children, Tardieu therefore understood to be “de-naturalised [des mères dénaturées],” not acting as expected by nature. Arveiller defers in this context to the stereotype of the evil step mother, which was very prevalent in nineteenth century discourses across a number of genres.209 The above passage seems to suggest that Tardieu awarded most responsibility for abuse to women who acted cruelly while in abusive families the men happened to take on an unusually passive role, more condoning abuse than actively participating in it. They seemed “weak” [la faiblesse, a noun in the original passage] and “cowardly [la lâcheté],” and therefore unnatural in terms of their assigned role as strong protector and head of the family. To award women the active role of abuser and men the passive role of someone who engages at most in a stance of “laissez-faire” and is guilty of non-intervention, may seem strange and unusual from the viewpoint of the present, but Tardieu was by no means the only one who suggested it. I will trace evidence of this idea in some texts from the late nineteenth and early twentieth centuries where authors communicated a shared understanding of this “reality.” The understanding of parenting responsibilities in accordance with ideas about sexual difference, in particular in relation to the available legislation in France at the fin de siècle, will be discussed at some length in chapter two, before exploring what this take on parenting responsibility could mean in relation to awarding women some credibility in terms of allegations of sexual abuse against men. With his comment about an “aberration of the sentiments,” an unnatural turn away from the fairly prescriptive roles of either parent, he hinted at earlier discussions about parental insanity which date back to the 1830s, for example in a text written by Francois Leuret in 1836.210 Along those lines, French alienists had been fascinated since about the 1830s by “monomania,” the idea that individuals could be suffering from partial insanity in relation to one particular

41 lived experience or fixation, while otherwise presenting as capable and sane citizens.211 Tardieu did not support the idea that medical practitioners should provide their expertise to determine whether those who had abused or assaulted children in their care could be affected by monomania. Instead, he stressed the legal physician’s pivotal role in explaining to the courts the nature of injuries and thus the nature of the crime, as doctors were doing at the time in a range of forensic fields, attempting to further the foothold of medical expertise in the judiciary space.212 Arveiller notes in this context that influence in the court room had been attractive as a channel through which to establish one’s profession, notably by psychiatrists, or as they were then called, alienists, who were called upon to attest mental stability of accused respondents. If respondents were found to be mentally unstable, they would then be confined in the mental asylum, rather than prison, under the supervision of alienists. So in a sense, by negating the possibility of madness at the root of abusive behaviour by parents, Tardieu denied that professionals of madness had a role to play in the court space. By reversing what psychologisation had developed through the work of alienists, he awarded his own profession increased significance.213 Not everyone agreed with Tardieu on that point, however: In their 1882 two-part article “Inversion du sens génital et autres perversions sexuelles [Inversion of the genital instinct and other sexual perversions],” Jean-Martin Charcot and Valentin Magnan actively critiqued Tardieu’s dismissal of the idea that mental pathology could be at the root of aberrant behaviour parents displayed towards their children.214 The article was first published in Archives de neurologie and was their first of two collaborations in writing.215 It forms part of a discourse particular to the fin de siècle which explored the idea of sexual pathology on the grounds of degenerate madness.216 Charcot was a neurologist whose name is best known for his studies on hysteria as a neuropathological illness.217 Magnan was a pathologist who was strongly committed to the study of degeneration. His text Les Dégénérés, which he wrote in collaboration with Paul Legrain, provided a comprehensive analysis of the study of degeneration and was recognised as a key source on the topic for some decades following its publication.218 Since they had devoted their careers to the study of mental pathology, both Charcot and Magnan had vested interest in establishing the professional study of madness as a recognised science. Tardieu’s assertion they did not have anything to contribute in regards to abusive behaviours by parents or other adults within the family did not sit well with them. In their article, Charcot and Magnan included a case study of a twenty-nine year old woman who had been sexually attracted to her three year old nephew. He was the youngest of five brothers. Her sexual attraction had commenced with the oldest boy and subsequently moved

42 on to his younger siblings. She had been suffering from these “nymphomaniacal impulses [sous le coup d’impulsions nymphomaniaques]”219 for eight years, which manifested in “voluptuous sensations that she was powerless to repress”220 and sometimes caused “spasm and vaginal discharge”221 at the sight of the boy. She also suffered from powerful hallucinations: Sometimes she sees him standing naked, she even thinks she hears him; sometimes she even thinks the act is happening; in this hallucination, she does not see the whole image of the child, the trunk alone is visible with the genitals applied to hers. Deeply moved, she addresses people located closest to her with urgent questions, asking them if they are seeing anything […]222

Charcot and Magnan noted that she avoided her nephews as much as possible, took great care not to be in close proximity to little boys and never acted on her impulses. Closely aligning the young woman’s ailment with degeneration, they observed that her mother was an “hysterical epileptic” and that her “melancholic father [had] died from a series of acute strokes.”223 This case study has been cited and retold several times in the specialist literature, including texts by Krafft-Ebing and Moll.224 With entertaining the idea of full or partial insanity as a possible cause for aberrant behaviour towards children, then, comes the question of whether parents or caregivers could be held responsible for their actions, both in a moral and a legal sense.225 As discussed earlier, remnants of this argument had retained relevance about a century later when Kempe et al. strongly advocated to understand parental child abuse as a (mental) illness and therefore, a medical syndrome. Pfohl described how representatives from relatively marginalised areas of medicine like paediatric radiology, paediatrics, and psychiatry collaborated on the “battered child syndrome” and as a result — not unlike professionals from niche specialist fields of medicine in the nineteenth century — gained status within the profession itself.226 As for Tardieu’s contribution, the following two case examples aim to show how convinced Tardieu was of the prevalence and incidence of child abuse, including by women.

Two Case Studies Reported by Tardieu I will now focus on exploring actual case studies from texts by Tardieu to further illustrate his contribution to nineteenth century forensic medicine and the notion of child abuse as a widespread practice. In order to illustrate some of the observations Tardieu provided about child abuse and child sexual abuse, I have selected two case studies which feature both physical and sexual abuse and also describe women who engaged in abusive practices towards children. Tardieu’s focus remained with describing symptoms and behaviours he had observed on the

43 victims’ bodies, while information about situational and environmental factors remained rudimentary. Thus, any information in relation to what became of those who are mentioned in the case narrative has been lost.

Adelina Defert The longest and possibly best known case study Tardieu presented is from the 1860 text on “Les sévices.” It is based on a forensic report compiled for the courts in 1859 by Dr Nidart, who worked as a physician at Sainte-Ménéhould (a small town in the North-East of France), which Tardieu quoted verbatim and discussed in great detail. It is the longest of the thirty-two case discussions he put forward in his text, amounting to thirteen pages. It is about a young girl of seventeen years called Adelina Defert. Tardieu denounced the abuse she suffered at the hands of her parents of “the most evil intent [la préméditation la plus perverse].” The case study is titled “Observation XIV: Jeune fille torturée par ses père et mère. Emploi du feu, d’un fer rouge, de l’acide nitrique. Violences obscènes [Observation XIV: young girl tortured by her father and mother. Use of fire, a hot iron and nitric acid. Obscene violence].”227 Adelina had been severely abused by both her father and mother since she was eight years old. Tardieu described how Adelina’s father ritually whipped and beat her with sticks every morning and night. He had used a number of instruments for this purpose, including rods, canes, and even a wooden board with exposed nails. She was often suspended by her wrists from a rack which was attached to the ceiling beams. During the assaults, Adelina was naked or half-naked. Her parents restrained and burned her with hot coal on her legs and abdomen. At times, her mother would use a sponge dipped in nitric acid to wipe still bleeding wounds. She was forced to sleep in a coffin-like box, with the lid locked in place, for up to two days. On one occasion, her father used a wooden stick to penetrate her vagina. In alignment with his view on sexual assault as a form of physical violence, Tardieu did not prioritise the sexual amongst the atrocities Adelina suffered in his case description. To Tardieu, it was one of the many equally appalling ways her parents tortured her. Tardieu observed that Dr Nidart’s forensic report stated that she was deflowered; however that it could not be said for certain whether full penetration had occurred. She was sexually abused as well. Adelina herself did not elaborate further on this, however, and seemed very modest, trying to defend her parents by stating that she had injured herself accidentally. Tardieu commented that this was not unusual for children who had suffered abuse at the hands of their parents. He mentioned that at times, the children would be very reluctant to speak ill of them, which he acknowledged may have been out of loyalty to their parents and ruled out the

44 assumption they were making up a story for a purpose, like financial gain, as was often presumed. Notably, contemporary discourses about child sexual abuse disclosure often describe children’s reluctance to speak ill of abusive parents. It has remained puzzling to researchers and practitioners alike why children might be protecting their abusive parents and reasons for their reluctance to disclose being hurt are diverse. Possible explanations for this behaviour which have been suggested in the literature include loyalty to the parent(s), shame, feelings of responsibility, fear for their and their siblings’ safety, cumulative trauma and intellectual disability.228 The description of Adelina’s injuries by Dr Nidart included a large number of scars, several bruises, two infected wounds, emaciation, and signs of genital injury. Adelina was secreting a large amount of pus from an infected wound on her back. Dr Nidart noted that Adelina’s siblings were not subjected to this level of cruelty, and the report states that her sister and three brothers were either asleep or in a different room when she was abused. Absent from this narrative are any further comments regarding what had become of Adelina, her parents, or her siblings. Tardieu simply provided the necessary information to fit his objective of exemplifying a case of severe child maltreatment. A Case of Sexual Abuse by a Woman While in Adelina’s situation her parents had engaged in these abusive practices together, it could be argued that perhaps her mother had been forced to do so by her father. This belief features strongly in contemporary discourses about co-offending in sexual abuse, putting forward the view that if women engage in the sexual abuse of children, they may themselves be victims of male coercion.229 As previously established, upon closer examination, not all cases which have been described in the literature fit this matrix. Tardieu himself acknowledged that women engage in sex with children, albeit considerably less often than men.230 The following case study is from the fifth edition of Les Attentats aux moeurs (1867): The […] case that we have had before us for observation is much more serious and constitutes an example of the most appalling perversion of the senses and the most incredible attack committed by a mother on her daughter. A woman, still young, had, under the influence of a disturbance of the imagination, impossible to understand, deflowered her little daughter, now twelve years old, by inserting her fingers very deeply, and for several years, into the genitalia and the anus. This woman claimed that she had in view, in these monstrous practices, only the interest of the health of her child and the careful management of a singularly refined cleanliness. But the guilty passion was betrayed in the very nature of touching and in the circumstances of the act. The child recounted, with a striking ring of truth, that it was not uncommon for her mother to wake her in the middle of the night, and to permit herself to engage her in those frantic acts which lasted for an entire hour; and during this scene, before which the mind recoils, the mother was panting, her complexion, her eyes became animated, her

breast would heave; she would stop, bathed in sweat. The examination to which I submitted the child was most conclusive, and it can properly be said that, without the findings of science, the fact might not have been considered possible. But the parts were the seat of a quite characteristic deformation; the wide and gaping vulva, the hymen completely worn and reduced to a ring; the vagina dilated to the highest degree, allowing access for several fingers. It was the same with the anus, whose enlarged orifice revealed the repeated violence that the child had had to undergo. This little girl had a constitution of an attractive exterior; her general health had not suffered.231

It seems that Tardieu had largely based his case presentation on a physical examination of the girl’s body and integrated his findings with her account of the abuse. Tardieu remained solely focused here on re-telling the account he had most likely obtained from the girl directly which he then reconciled with the physical presentation of her genitalia, mostly, to create his narrative. What is evidently missing from this presentation is any further contextual information regarding the circumstances in which the sexual abuse occurred, for example the conditions which might have pre-empted the abuse, how access and opportunity eventuated, an exploration of what their living arrangements might have been like, whether there had been other adults or siblings in the house, how they lived and what contributed to the mother commencing the abuse in the first place. It seems that the mother might have put forward as a rationale for her behaviour her concern with her daughter’s health. Women and hygiene are still linked in today’s discussions about female-perpetrated sexual abuse in particular when discussing how women might keep the sexual abuse they perpetrate against children hidden or disguised as care taking responsibilities.232 Furthermore, Tardieu’s account, whilst clearly written with emphasis on a physical examination, touches on the contemplation of mental illness as a possible reason for the mother’s behaviour which he communicated with the use of the term “aberration of the senses” as the cause for this mother’s “appalling perversion.” The exploration of the possibility of mental illness as an explanation for aberrant behaviour remains rudimentary. Whilst not providing any further elaboration in relation to thoughts about mental illness as a possible contributor to the occurrence of abusive behaviour, Tardieu focused on working towards an ethical judgement based on what he perceived to be modelled according to prevailing morality. Working towards this objective, he performed a full body examination of many subjects, not just the genitalia. Here, he asserted that the girl’s “general health had not suffered,” equating general with physical health in that she was free from venereal disease, injury and chronic physical symptoms which might have manifested as a result of the abuse, as he was well aware that physical injuries following abusive acts, including rape, like internal bleeding and injury

46 of the genitals, could cause death.233 However, he rarely commented on how the mind might have suffered through those abominable acts he described in which abusive parents had engaged with their children. While he did not provide much commentary in relation to emotional states of victims, Tardieu did discuss that rape could “offend the innermost feelings of the girl or woman at least as much as it hurts the body,” often determining “a moral disturbance and physical shock that alters general wellbeing in a more or less serious way.” Some victims, he said, took their own life following rape, out of shame about lost honour.234 The symptoms he observed were first and foremost physical, however. He listed ongoing menstrual disturbances, stomach aches and rapid heart rate. Here it becomes obvious that he did not have a concept at his disposal in which to fit his observations. All this came later, with a new focus on the psyche, and the idea of emotional turmoil which could turn pathological.235 With his solely materialist account of child abuse, Tardieu was probably one of the last medical writers who clearly did not have access to a matrix of sexual pathology, let alone the psyche. He had very little to say about how health of the mind, or illness of the mind through social conditioning manifested. Even less apparent is any ongoing concern about the effects of child abuse on emotional and psychological development of children. Tardieu did not comment, neither did his contemporaries. I argue this is because work of this kind did not emerge until the 1890s, with professionals like Krafft-Ebing, Moll, Freud, and Iwan Bloch who claimed the examination of the psyche as a space of primary interest. Moreover, many of Tardieu’s colleagues and successors did not actually believe children’s accounts of physical and sexual abuse.236 As I will be discussing in chapter four, towards the fin de siècle some medical practitioners of high standing expressed mistrust in children’s testimonies, claiming they often lied. These practitioners shifted their focus towards detailed examinations of offenders, and their commentary was sometimes accompanied by a tendency to rationalise, if not excuse, the behaviour in question. Sentences for sexual offences were very harsh due to legal reforms established in France in 1889 and 1898 which saw the death penalty for child rape, for example.237 Forensic experts in courts expressed reluctance to assert beyond reasonable doubt that crimes of rape had been committed, for they would contribute to very significant consequences for otherwise decent citizens. Brouardel, for example, warned that the consequences for attesting a crime without demonstrating certainty could be severe: “I can assure you that many people have been hanged as a result of such an error.”238 So unfortunately, it seems that Tardieu was unable to convince his colleagues of the widespread prevalence of child abuse in domestic spaces. While his influence prevailed in

47 writings of forensic medical practitioners until the mid-1880s, after his death in 1879 those in favour of supporting alleged perpetrators gained stronger traction, with lasting consequences throughout the remainder of the Third Republic in France.239 These sentiments are somewhat mirrored in the United States during that time, as Hacking shows in his texts.

Medicalisation of Child Sexual Abuse: Concluding Comments Frederic Silverman, a close colleague of Kempe and one of the co-authors of the 1962 paper, wrote an article in 1972 on unrecognized (physical) trauma in infants and acknowledged Tardieu’s much earlier contribution to the field with a somewhat anachronistic remark, stating “How Tardieu would have welcomed the contributions of radiology!”240 Silverman emphasised that — without such technology — Tardieu had been able to accurately assess and diagnose a large number of cases of non-accidental injuries. As a practising radiologist, Silverman was clearly interested in visible signs of physical trauma on the body. He did not, therefore, mention Tardieu’s arguably larger contribution to the acknowledgment that children were subjected to sexual exploitation by adults, which was possibly even more remarkable, given that the sexual abuse of children is much harder to prove with certainty. As for the question why Tardieu’s work did not receive the recognition practitioners from the twentieth century like Silverman have awarded him, apart from his successors’ shift in focus, some authors have speculated that attention had simply been elsewhere, with priority given to addressing the persistently low birth rate in France, as well as the high mortality rate for infants and children, not least due to the spread of childhood illnesses. Moreover, the many challenges related to two world wars and social problems such as poverty and overcrowding appear to have taken precedence.241 Furthermore, Silverman himself stated in 1972 in relation to the chosen term “the battered child syndrome,” that “the choice of this provocative title provides an indication of the role of terminology in the propagation of concepts.”242 Along those lines, Asher remarked somewhat cynically that “within the medical world a disease does not exist until it is given a name,”243 highlighting the importance of nomenclature. The use of language, and the availability and attention of an audience, need to come together, it seems, to refine a specific problem that can be addressed in practical ways. Silverman’s 1972 paper confirms that Kempe’s contemporaries did not, in any case, ascribe to Kempe the “discovery” of child abuse; however, they were willing to acknowledge that their publication led to international public recognition of a syndrome of child abuse,244 with clear “ramifications in the medical, legal, and social spheres.”245 While their ground-breaking work

48 in paediatric radiology certainly helped to advance the recognition of child abuse and furthered activism to prevent it, a broader expansion of acknowledgement stretching to the nineteenth century is necessary in order to show a more complete history of the conceptualisation of child abuse. Moreover, I am proposing here the use of intellectual history as an effective method to examine a history of struggles, as Derek Hook describes.246 Foucault illustrated this way of working carefully and tentatively while at last arriving at a point at which further nuancing of what was known to be true becomes possible. It is worth the effort, said Foucault: As to those for whom to work hard, to begin and begin again, to attempt and be mistaken, to go back and rework everything from top to bottom, and still find reason to hesitate from one step to the next – as to those, in short for whom to work in the midst of uncertainty and apprehension is tantamount to failure, all I can say that clearly we are not from the same planet.247

Assumptions about pivotal moments in time, according to which they simply emerged without significant antecedents and then prompted the inception of a concept are, according to this method, at best a reason to be suspicious.

Chapter Two Dangerous Parents and State Regulation: The Family in the Early Third Republic Tardieu […] is not at all tempted by the pretentions of criminality and always strives to remain in his own role as a medico-legal expert, convinced that science has nothing to gain, neither in standing, nor in authority through embarking on a foreign path where, at every step, it risks compromising itself in a completely unjustified way.248

In the previous chapter, I prioritised Tardieu’s work as pivotal to exploring how the concept of child abuse emerged in the second half of the nineteenth century. To Tardieu, the medico-legal expert’s purpose was to examine and describe in detail physical harm on bodies. To attend to this, I have engaged in close reading of selected texts with a strong focus on intratextual interpretation. The first chapter intentionally aimed to respect the boundary Tardieu had drawn by engaging in an analysis of detail to show how much his contribution mattered to the emergent conceptualisation of child abuse: after Tardieu, a rather large volume of works emerged in France that focused on exploring les sévices de l’enfance and les attentats aux moeurs, which contributed significantly to the diversification of the concept of child abuse into distinct categories. Apart from a few exceptions, however, these texts remain virtually unknown amongst child protection historians and practitioners, in particular within the Anglosphere.249 By exploring some of these developments, the next three chapters aim to investigate further possibilities as to why Tardieu’s writings have not remained influential beyond a small number of interested medical historians. Each chapter focuses on distinctive parts of a narrative about child abuse and protection which are connected through their intents and impacts, in particular in medicine, politics, and law. This chapter has two functions: Firstly, it aims to illustrate some of the anxieties and struggles that arose at the end of the nineteenth century as professionals attempted to make advances towards the protection of children from both abandonment and exposure to dangerous parents. Two rather distinct formulations co-existed and created some significant tensions: on the one hand, there emerged a negative concept which detailed the absence of parents that resulted in children lacking nurture, education, and attention. On the other hand, discussions about the presence of danger through exposure to parents’ unruly and immoral behaviours both increasingly entered medico-legal discourse and became the topic of political debates. Thus, historical authors grappled with defining workable boundaries and identifying clearly what role, if any, the state ought to play in regulating and policing parental

50 conduct. What this entailed was, at best, difficult to grasp as it had never before been properly conceptualised in a way that would allow governmentality to work. First formulations appeared which fought to launch and institute categories of “parenting” and “parents” that could be utilised towards regulatory and legislative efforts.250 This ties in closely with a re-definition of the family as the site where intergenerational relationships were scrutinised and closely watched and was, as Foucault has shown, intimately related to anxieties about sexual practices which included both efforts at stabilisation and the prevention of incest.251 Having surveyed the emergence of the family as a regulated and policed state structure, the chapter moves towards exploring efforts at state intervention by legislating, for the first time, physical abuse of children, which developed rather separately from considerations of moral crimes on children. It is worth noting that the work Tardieu did in relation to physical abuse of children found recognition, but it seems to a much lesser extent than his work on les attentats aux moeurs.252 When discussing dangerous parenting, women often feature in the texts under investigation in close relation with excessive physical discipline, and at times as habitually violent. The narrative surrounding these case examples is very different to the one commonly presented in contemporary literature, however, and therefore worthy of some detailed exploration. In particular the way in which authors made sense of women’s use of violence becomes a point of departure from recent interpretations that are dominant in current child protection practice in Australia. Secondly, this chapter sets the scene for chapters three and four which each focus on exploring a group of texts that belong to the discussion about sexual attacks on children. These sets of texts represent quite distinct assumptions about how crimes against children could unfold in society and draw conclusions so different from each other that I have chosen to investigate the biases on which they are built. Several authors who furthered Tardieu’s work by expanding their research into areas which he had not explored, largely accepted his conceptualisations of offences. Those texts form the basis of discussion in chapter three. Others, while acknowledging Tardieu’s contributions, disagreed and proposed quite a different causal narrative of cases where allegations of les attentats aux moeurs had come to the attention of professionals. These texts feature in chapter four. Tardieu had focused predominantly on the impact of sexual attacks on the victims and presented rather detailed accounts of the alleged victims’ medical examinations. In addition, in his case studies, Tardieu did not openly display scepticism that the narrative presented to him by the alleged victim was true. Unfortunately for the contemporary reader, he did not share how he had come to draw this conclusion. Furthermore, Tardieu did not write very much about the alleged offenders themselves.253 It is

51 not obvious from his texts what he thought of their narratives or their motivations to offend. Chapter four will be discussing how attention shifted significantly towards alleged offenders during the fin de siècle. Some of the authors who worked in legal medicine after Tardieu’s death actively questioned children’s disclosures of alleged offences and made claim that alleged offenders deserved both a thorough examination and an assessment of their situation, often detailing how they were reliable, good citizens. This was particularly so for men of good standing. Prioritising these men’s reputation over alleged victims’ testimonies, those authors commonly declared that the allegations were quite obviously ludicrous, as the accused could not possibly have committed such a heinous crime against a child.254 There is clearly an emergence of material which discusses the protection of children, the existence of dangerous parents who habitually mistreated their children, the prevalence of moral crimes, and how they were signs of progressive degeneration in France. In terms of developing something of a consensus about the aetiology of crimes against children, the way in which language is used determines the quality of communication. As Bourke observes, “linguistic practices give meaning to bodies.”255 The traditional notion that sufficient discussion of moral crime could occur discretely by choosing to circumscribe it without explicitly detailing the attack and the harm done to bodies was no longer feasible.256 It appears authors did not yet have at their disposal clearly defined nomenclature, very much a sign that it was in a state of development. In those later texts, it becomes obvious that key historical actors used several different terms to describe crimes committed on children. The negotiation of officially agreed terms which could provide greater consistency was materialising in these sources, and their authors often highlighted that the existing ones proved insufficient.257 In addition, most agreed that the legislation for these kinds of crimes was not detailed enough and very much outdated. Without sufficient guidance and cohesion in relation to how these offences ought to be named and regulated, the inconsistencies in the use of terminology seem to reflect the uncertainties I am discussing. Consequently, I will use a number of different terms throughout, which could appear to be a sign of carelessness. Rather than using these expressions at random, however, I have chosen to mirror their appearance in the primary sources, precisely because I aim to trace signs of struggle with the material and to explicate a process of how these concepts solidified over time. Tracing these developments, I will be exploring in some detail how particular kinds of assumptions seeped into the discussions I am investigating, in particular as they relate to ideas about male and female roles and the interpretation of violent acts. I will at times highlight certain absences by offering an analysis of gaps - things that are missing from these primary

52 sources which could provide evidence of subjugated information. Taken forward, readings and reactions to these texts could have contributed to how concepts of child sexual abuse solidified largely without consideration of these subjugated matters.

Widening the Scope In contrast to the close reading I undertook of Tardieu’s writings, this chapter historicises the wider context in which the discourse on child abuse developed in the early Third Republic. This is necessary because I seek to explore how medical practitioners attempted to integrate child abuse within a much broader development that French medical practitioners had been engaged in for some time: that which Robert Nye has described as “the medical concept of national decline.”258 Medicine expanded and diversified significantly during this time. As Ruth Harris points out, no longer were medical professionals just responsible for healing the sick; they became “prophets of progress”: increasing public authority provided them opportunity to advance schemes in public health, social ideals and aspirations.259 Developments at the time of the early Third Republic shaped a particular way of thinking about the state as a “corporate parent,” which ultimately served to help regulate both relationships and behaviours within the family. As Silvia Schafer points out, the state gradually gained authority “to expand into domestic life by rendering the ideological walls of family privacy permeable to its own parental interests.”260 In La Police des familles, Donzelot explores how private and public spheres coexisted, overlapped and blurred on the threshold of the family home, where both paternal authority and state powers aimed to exert control over those who shared the space.261 Furthermore, to situate medico-legal professionals’ arguments and findings, which often differed significantly within a wider paradigm, it is necessary to explore how they incorporated legal, criminal, political, social and hygienist discourses, which after Tardieu’s rather clean-cut materialist account, increasingly appeared in their arguments and reflected a trend towards eclecticism in the emerging profession of criminology to which medical practitioners contributed.262 As representatives of the medical profession, they were working to carve out a space for their expertise in the court room, providing forensic accounts to determine what gave rise to crime. To them, this work closely aligned with an engagement in court proceedings which aimed to detail and interpret relevant sections of the Napoleonic Code pénal [Criminal Code] (1810). Through application of the Code d’instruction criminelle [Code of Criminal Instruction] (1811), which provided instructions in relation to their commissioning to the courts,263 medico-legal practitioners were often required to respond to questions about what

53 had happened to the alleged victim, whether the results of the forensic examination could prove that the offender could have committed the crime and whether this could be determined for certain. If found guilty of the crime, the court was interested in information about the defendant’s soundness of mind so that it could determine their moral responsibility for the crimes they were charged with. This is the terrain where medico-legal experts and psychiatrists competed for professional power.264 Whilst there was competition, psychiatry did integrate ideas which originated from the work criminal anthropologists were leading, in particular in relation to studies on social decline.265 What appeared simple and topically bound for Tardieu, who resolved to remain factual and only provided relevant answers to questions specific to forensic medicine in the court space, became increasingly more varied through the integration of multidisciplinary considerations within their work. Tardieu was first and foremost a medical practitioner. He was not interested in becoming involved in debates which had been initiated by other disciplines, like law or politics. In contrast, medically trained practitioners who followed took it upon themselves to claim expertise in other professions. In his book The Physician-Legislators of France: Medicine and Politics in the Early Third Republic, 1870-1914 (1990), Jack Ellis traces how they took up politics, engaged in philosophical commentary, participated in debates about degenerative tendencies in the population, and contributed to discourses on threats to public health.266 In the case of both dangerous and neglectful parenting and moral offences, the notion that the state should play a role in regulating them was a fairly modern one.267 Private affairs of the family had hardly been state-regulated until first, rather timid changes to civil legislation in 1874. Offences against morals had traditionally been regulated through canon law, not state legislation. The church played a primary role when its representatives actively addressed sinful and immoral behaviour through religious instruction and directed penitence.268 As through a process of secularisation, more responsibility for society’s “good behaviour” transferred to state legislation, professionals were increasingly grappling with problems which arose when they attempted to resolve incompatibilities between these two systems. Essentially, they were attempting to legislate what had been previously thought of as sin and immorality. This resulted in major inconsistencies in court rulings and upset those professionals who had devoted their careers to achieving measured responses to crimes which ought to help reflect France’s political and scientific superiority.

Nomenclature With this increase in focus on efforts to effectively protect children from physical and moral wrongdoing, the language within the legislation remained wanting in that professionals identified it as neither clear nor detailed enough to support their work of distinction and categorisation. This became evident both in relation to physical crimes like corporal punishment and abandonment, and moral crimes which included indecent assault, attempted rape, and rape of children. Criminal legislation around child abuse focused on the physical abuse of children, while rape, attempted rape and indecent assault on children were charted very differently: rather than legislating them as a form of child abuse, they remained purely in the realm of “offences against morals.” There seems to be greater consistency of terms used in relation to offences against the person where the victims were minors. For physical crimes on children, les sévices [(physical) abuse] was used most commonly,269 and at times, les mauvais traitements [mistreatment],270 while les abus [abuse] initially described physical exploitation through unjust working conditions and forced labour.271 Only in later texts does the term l’abus appear to describe the infliction of physical harm on children.272 For offences against morals, authors struggled to distinguish the varying levels of severity of the crime. Most followed Tardieu in that they termed this category les attentats aux moeurs. As I have discussed in the previous chapter, Tardieu had only defined rape and indecent assault, so after further diversification by Louis Penard the term included les viols [rape], les tentatives de viol [attempted rape] and les attentats à la pudeur [indecent assault].273 Occasionally, those who explicitly aligned with an objective to explore how sinful acts could be legislated used a slightly different term from those used by medico-legal experts. They spoke of actes contraires aux moeurs [acts contrary to morals], somewhat neutralising the term through the use of the word “actes” which is more ambivalent about the use of violence than “attentats.”274 Moreover, the legal definitions of the latter largely precluded women from becoming offenders in the eyes of the law. Distinctive gendering of the definitions themselves guided the focus towards men as alleged offenders from the point of their implementation throughout the nineteenth century. Definitions of rape and attempted rape focused almost exclusively on the penis as the instrument of crime. Consequently, the only moral offense women could legally commit was indecent assault. This is in alignment with legal codes from other European countries at the time.275 While professionals had a lot to say about the insufficiencies they discovered in the legislation, this absence was not on their radar: in the sources under

55 investigation, I have not found any suggestions that women should be included, despite acknowledgement that there were cases where women had assaulted children sexually. A detailed discussion in chapter four aims to show how professionals grappled with defining these categories in such a way that they would be coherent and practically applicable with the legislation, which, for the crimes of rape and attempted rape, solely revolved around the question of penile penetration. The resulting legal impossibility of convicting women of rape or attempted rape clearly helped to further obscure women as agents of sexual violence.

A Curious Mix of Power and Uncertainty: The Regulation of Families She remained both a loving and well-loved spouse, and a mother who nursed, reared, and educated her little ones in order to give them some of her own sense and heart. Emile Zola276

Chapter one has mentioned that English legislation changed towards the end of the nineteenth century to criminalise child prostitution and raise the age of consent from thirteen to sixteen years of age for girls. Some of the concerns in relation to the moral corruption of children which appeared in England during this time were also apparent in France. In addition, it seems that the medicalisation of child abuse which was quite specific to the situation in France helped to shape politically motivated efforts at state regulation: The early Third Republic marks an essential period for the pursuit of the protection of children.277 With rapid changes in governmental structures throughout the late eighteenth and nineteenth centuries where each regime worked hard to set its objectives apart from those that had gone before, for the most part France was in a state of political flux which resulted in systemic instability and uncertainty.278 Trying to find a kind of unifying identity, whilst recovering from the loss of the Franco-Prussian war (1870-1871) was no easy feat. The war had rattled the nation. Schafer explores how keenly the French felt this loss, to which they ascribed a wide variety of social and moral ills, like the frighteningly low birth rate which followed immediately, high infant mortality,279 a cholera epidemic, political unrest, the increase in alcoholism and “vice” and the weakness of the military.280 France’s birth rate at the time was progressively declining, which was cause for great concern.281 What made matters worse for the French was that across the Rhine their Teutonic neighbour appeared to be thriving, boasting economic growth, technological and military success as well as a steady rise in the birth rate.282 As Catherine Rollet-Echalier notes, there existed a strong sentiment that “the homeland is in danger.”283 The cumulation of seemingly insurmountable problems prompted France to

56 experience a significant decline in national confidence, an inheritance of the Second Empire which needed to be addressed with urgency. During the formative years of the Third Republic, politicians worked to develop a strong moral identity which distinguished it from both the “radical egalitarianism of the revolutionary republican tradition and the conservative religiosity of the Moral Order.”284 While attempting to form such an identity, the family emerged as a political structure which showed promise to become the “saving grace” of the nation: it represented a place where basic educational instruction and social interaction came together to form the solid foundation for a strong republic. Some politicians placed high hopes on the formalisation of the family as an orderly living arrangement which could prevent further decline, and through which it became possible to attempt a shift from traditional religious establishment to reflect truly republican ideals. Keenly interested in developing a sound structural base, the French focused intensely on the nuclear family as what Donzelot has termed “the smallest functioning unit of the state.”285 Donzelot makes a case that targeted efforts towards regulating the family were very much classed and addressed the working class family, first and foremost, while he asserts that for bourgeois families this discourse also applied pressure, although that pressure played out in different ways. Harris largely supports this notion.286 Given the focus of my thesis, it is important to acknowledge this viewpoint, mainly to depart from it to a degree. I recognise the implications class can have on how this discourse shaped regulatory efforts. In terms of historicising sexual abuse as a classed crime, however, I will not make this the point or focus for my argument. Instead, I aim to leave some possibilities open where I can acknowledge that responses to sexual abuse of children might have been classed, but that I base my exploration on the assumption that the crime itself affects those involved in varying ways, albeit perhaps with varying degrees of visibility. Generally, I am not prepared to make a supposition that it affects one class more profoundly than another. Stabilisation and restoration of order became the focus of much political and scientific activity.287 In line with this objective, medical discourse shaped public perceptions of the importance of moderation, applying it in a socio-philosophical manner to a broad range of behaviours. Medical practitioners warned that excess in any form resulted in diminished health and mental capacity.288 Closely linked to this effort, says Donzelot, was the regulation of sexuality, that which was socially and morally approved of and that which was dangerous. Intimately connected to discussions about the negative implications of anything which resembles excess, sexual practices which had formerly been linked to moral and religions anxieties also started to represent anxieties about physical and mental health. In some ways,

57 doctors took up the regulation of sexuality from an angle of health and hygiene, while this function had traditionally been assigned to the clergy and focused predominantly on moral conduct. Priests had commonly instructed and advised families on sexual practices in conjunction with canonical family morality.289 Masturbation is one of the prominent examples for this. As Foucault points out, from the end of the seventeenth century “the immense jabbering about masturbation starts up and does not stop for a whole century.”290 Whilst it had been traditionally frowned upon as a sinful, vicious and immoral practice, not only did masturbation feature in many texts as a marked sign of degeneracy,291 some doctors now warned of serious health implications for people who practised excessive masturbation which was believed could cause death.292 So declared Pierre Garnier in his opening statement of his substantial monograph Onanisme seul et à deux. Sous toutes ses formes et leurs consequences (1883) that among the numerous “impediments affecting humankind,” masturbation in its “infinite varieties” was “certainly the most frequent and the most fatal.”293 It became “the universal causality of every illness”294 and could also produce physiological changes to the body. Paul Bernard stated in 1886 that it could be the cause of “early onset of puberty, widening of the genitals, and extreme sensitivity of the nipples and genitalia in puberty,”295 while Paul Moreau de Tours warned that the consequences of “unbridled masturbation” could include palpitations, loss of sight, ringing in the ears, loss of appetite, back pain, and muscular weakness.296 Heinrich Kaan, in his text Psychopathia Sexualis (1844) which for the first time described sexual aberrations in close association with both imagination and delirium and localised it within the field of psychiatry, ranked masturbation as the most dangerous vice because of its reliance on the imagination.297 Masturbation was a sexual practice that aimed for pleasure, not procreation. As a widespread practice that often commenced in childhood, it exacerbated anxieties that it could seriously impede procreation and was therefore partially held responsible for the decline in the birth rate.298 Just how dire professionals thought the national impact of such degenerative trends within the population to be is shown by the following definition of degeneration by Magnan and Legrain, penned in a comprehensive work titled Les Dégénérés in 1895: Degeneration is the pathological state of being which, compared to its most immediate predecessors, is constitutionally weakened in its psycho-physical resistance and only incompletely realises the biological conditions necessary for the hereditary struggle for life. This diminution, which results in permanent stigmata, is essentially progressive, except if halted by intercurrent regeneration; when this is lacking, it results sooner or later in the annihilation of the species.299

The passage appears in italic font in the original text so that it could not be missed by its readers. Increasing angst about the physical, moral, social and mental health of the nation became the focus of a rapidly growing discourse on pathology, through which professionals continually established a study of the abnormal, the morally, mentally and physically deprived, in short, those who embodied and displayed through their behaviours signs of deviance. Illegitimate sexual practices which for centuries had taken place outside of marriage and had been somewhat tolerated, increasingly constituted a threat to a state structure which counted on the family as a stable and predictable unit. Sexual relations which occurred separately and externally to this structure therefore exemplified further destabilisation of the nation. Political efforts continued to advance regulation of the unruly, in order to strengthen the idea that the nuclear family could be a system to aspire to for stability and safety.300 The anxiety about children engaging in masturbation, argues Foucault, resulted in the removal of intermediaries in the domestic space as servants and nursemaids were held responsible for teaching children to masturbate.301 The ideal of the “close-knit family” developed.302 Consequently, those who did not qualify to be included within a nuclear family structure became casualties to the cause, experiencing ever greater polarisation.303 For example, vagabonds, unmarried men and women and abandoned children were subjected to progressive institutionalisation and policing, whilst targeted promotion of family ideals promised safety, happiness and peace as a reward for adherence.304 It is telling here that the first public agency for “morally abandoned” children opened its doors in 1881, funded by the department of the Seine.305 There were tensions, however, in conceiving how the space of the nuclear family could be both private and subject to intense surveillance. Medical instruction asked parents to prevent their children from masturbating through constant watchfulness. They were encouraged to sleep in the same bed to ensure children would not touch themselves. “The folding of the parents’ bodies over the children’s bodies,”306 as Foucault calls it, also saw anxiety about incest intensify at the end of the nineteenth century. As a result, its possibility “was accepted both with great difficulty and so easily.”307 Within this structure, the role of women continued to be shaped towards a central function within the family unit, for example, through the prominence of works by Jules Simon during the Second Empire, which hailed Woman as the central figure of domesticity, the one who brought Man salvation and children nurture and educational instruction as the docile and attentive housewife. Women within the family became increasingly responsible not just for raising, but also educating their children. This included instructions about sexual conduct. Donzelot outlined how the mother and the doctor formed an alliance whereby high-minded

59 feminism and moralising philanthropy collaborated against both prostitution and convents.308 Perhaps as a result, nowhere in Europe did a nation try as intensely to address the regulation of family life with a specific interest in child protection. To complement this objective, the young Third Republic needed comprehensive legislation which regulated child rearing practices and moral behaviour towards children, labouring to re-fashion the outdated articles of the Code civil Napoléon [civil code] (1804) and to some extent, the Code pénal [penal code] (1810) that, more often than not, proved insufficient for their social agenda and required a different, more diversified kind of governmentality.309 The family became the locus of this governmentality. With the family understood to be the cornerstone of the nation from which to rebuild a strong presence within Europe, the purpose of this endeavour appeared to be twofold: to halt the negative influences of social decline (degeneration) and to gain the legislative control to be able to do it. As for the former objective, studies in degeneration aimed to provide more detailed information about those negative influences. As for the latter, changes to civil legislation, namely in 1874 and 1889 increasingly reflected the implementation of measures to regulate, control and investigate intrafamilial relations and interactions. While concerns about the moral and social decline of France tended to dominate public and professional debates, the notion that the state ought to play a role in the protection of children gained more traction.310 Legislative evidence of this idea became visible in 1874, when for the first time child protection legislation was passed, implementing three new laws: they addressed firstly the regulation of child employment, secondly the employment of children by travelling performers and professional beggars, while the third law regulated wet-nursing.311 The new legislation was meant to protect children from abuse and exploitation in the workplace. The term “abuse” in the first proposal of the law from 1871, as Schafer points out,312 described exposure of vulnerable workers, in particular children, to dangerous working conditions. Whilst they remained focused on workplace regulations, the debates which surrounded the passing of these three laws showed how the state took charge increasingly, further embedding the idea of the “state as a parent” with responsibilities for the protection of children, while creating the means to police and further marginalise those whose way of living did not fit neatly with the idea of the nuclear family. The political debates surrounding the regulation of wet- nursing, for example, were saturated with sentiments which lamented the loss of parental feeling. Senator Théophile Roussel, who was a qualified medical practitioner himself, had originally proposed the law, arguing that child mortality among infants who were put out to nurse was exceptionally high and linking wet-nursing to a weakened family spirit and mothers’ lack of interest in their maternal duties. Roussel estimated in 1874 that over a fifth of the

60 nation’s newborns died from gastroenteritis and respiratory diseases each year.313 To him, these infants became victims to their parents’ failure to protect them from the “abuses” of mercenary motherhood. Mothers were guilty of letting their maternal instincts fade, while fathers were failing their children because they were not considering their “best interests” by depriving them of their mothers and risking their deaths.314 Clearly advocating maternal breastfeeding, Roussel followed a view which had been succinctly articulated by Jean Jacques Rousseau a century earlier. In his treatise Émile, ou de l'éducation [Émile or on Education] (1762), Rousseau strongly advocated maternal breastfeeding as ideal, while equating wet-nursing with weakening of maternal love which through the introduction of “unnatural motherhood” via the nurse could lead to the deterioration of the family.315 In favour of legislative reform, Roussel’s rhetoric juxtaposed “helpless infants” and “monstrous parents,” perhaps significantly cementing this binary in contemporary sentiments and enabling the state’s entrance into the private sphere of the family. Rather subtly, the new law regulated the movements of the nurse much more than it did those of parents, however, and did not target the family directly. Schafer argues that the passing of these laws, whilst hotly debated in the political arena, represented a somewhat gentle transition to increasingly stronger regulatory efforts, forming a basis for the idea that the public protection of children was indeed necessary for the benefit of the nation. That enforcement was slight minimised their practical impact. While these laws may seem rather minor as state efforts to intervene for the protection of children, Schafer argues they provided the ground on which to practise more radical interventions in the future. They worked to introduce the idea of protecting children’s interests from those of “dangerous parents.”316 For the purpose of the thesis, in particular to understand the construction of both physical and moral crimes against children within a matrix of gender, it becomes important to pay attention to how social struggles like moral decline or moral danger were understood, articulated and regulated as part of a systemic nationwide agenda and how professionals expressed sentiments about the role of parents which contributed to concerted efforts to legislate and police parental capacities.317

Parents but not Equals: The Gendered Spheres of Parenthood It would be necessary to feed, support, and pay dearly a servant and a worker, who would not look after the interests of the family in the same way, who would do half the work, and who would require rest periods. We do not, however, pity the mother who bears this heavy task, because she likes it, she is happy there.318

As the family continued to experience targeted attention through which its structure and

61 function could be formalised and regulated, the role of parenting and its regulation came to be renegotiated with further scrutiny, which is perhaps a sign of what legislators and medical professionals identified to be at stake here. During the second half of the nineteenth century, the public view on parenthood shifted crucially from a traditional position of naturalised right towards an understanding of it as social and moral responsibility on which depended the health of the next generation and with it, the nation. With this interest, a proliferation of publications about the maltreatment of children by their parents evidenced both its occurrence and further reinforcement of measures to regulate, legislate and eradicate. While this shift was occurring, an opportunity arose to re-articulate an understanding of sexual difference where one parent inhabited the realm of paternal right and the other that of parental duty.319 Schafer argues that this kind of thinking about parenting as a moral and social responsibility according to which the family needed to be regulated and policed through the involvement of the state had been virtually unthinkable a few decades earlier.320 The respect for male domestic authority had deep roots within French culture. It can be traced back to centuries of Roman occupation where patria potestas awarded unlimited power to the family patriarch. This continued through Christian traditions which very much reinforced paternal authority as an expression of “natural order.”321 A belief in the necessity of such a structure also formed the basis for scripting the Napoleonic Code civil in 1804, says Schafer, a document which helped to uphold patriarchy where wives and children were subject entirely to the husband and father as the head of the family. Many early-nineteenth-century observers agreed that a strong père de famille was both naturally empowered and socially necessary, making him responsible for moral and social stability. At the fin de siècle, la puissance paternelle of the Code civil Napoléon (Book one, Title nine)322 formed a strong reference point which described and actively re-organised the relations of power that shaped domestic interactions as well as political debates about legislation and intellectual discourse. Within this legal system, sex played a pivotal role in determining a person’s civil capacity, Harris asserts.323 Mothers, whilst being held to a high moral standard, only had very limited autonomy when it came to parental authority. Legal authority hinged entirely on the father, and in his absence, male members of both the paternal and maternal families in roles of authority as they held legal power to either allow or deny the mother guardianship of her children. Moreover, this could be all null and void upon a second marriage to another man. Men held sole rights to property, freedom of movement, and political engagement, which women could not access. Under the puissance paternelle, fathers occupied domestic powers whenever and wherever possible, severely restricting women’s ability to make decisions on behalf of

62 themselves or their children. While wives and mothers remained almost fully constricted under their husbands’ tutelage, fathers could have their children incarcerated and the request for divorce remained an exclusively masculine privilege. Before the Third Republic, the Code civil’s articles remained almost unchanged.324 The inequality in terms of women’s autonomy and authority did not extend, however, to criminal legislation, which applied to both men and women.325 Whilst women did not hold agency to decide over their property or legal affairs, the criminal justice system did not make any allowances for this: men and women were equally subjected to the Criminal Code’s directives in relation to punishment when they broke the law. In terms of habitual physical abuse of their children, then, authors did cite plenty of cases where women had been accused of mistreating their children.326 Medico-legal professionals like Alexandre Lacassagne even suggested that in cases of infanticide [le libéricide], that it was more often the mother than the father who committed this crime, through “a singular perversion of the maternal instinct,”327 often caused by “poverty and mental alienation,”328 at once summoning natural order as a norm from which she had diverted and her perversion as a result of a degenerate trend which directly impacted her essence, the “maternal instinct.” To illustrate, he cited a gruesome case example where a 42-year-old widow had murdered her five children by breaking their skulls with ploughshares. The case came before the courts in Eure-et-Loir, Brière, on April 22, 1901. In legal practice, however, women were commonly perceived as irresponsible for their crimes, because they were not expected to exercise agency. Acquittal was often the outcome of a plea that the defendant had not been of sound mind at the time she committed the crime.329 This was often when psychiatrists, “alienists” as they were then commonly called, provided evidence to the court in relation to the defendant’s mental state. Jean Jacques Yvorel reports the following case which exemplifies how women in the court room were often seen as lacking agency. This case was tried before the Criminal Court in Caen on 18 March 1890: […] the woman P. was acquitted. The court, while acknowledging that the defendant had beaten her daughter Gilberte, considered that the guilty verdict could not be sufficiently established, mainly because of her state of hysteria which at times could affect her accountability.330 It seemed obvious that the defendant had used violence towards her daughter. However, what the court struggled to establish with certainty, was whether she had been of sound mind when she used such harsh physical discipline, clearly associating her deviation with madness. This verdict was based on Article 64 of the Code pénal which established that if the respondent’s soundness of mind could not be proven for the time they had committed the crime, they should

63 not be convicted.331 So Woman’s freedom of movement and choice was severely restricted by law, her capacity for agency in doubt and the domestic space she inhabited at best partially visible for inspection. Close relationships as well as proximity between women and children, then, created the potential for transgression and secrecy in their interactions which on occasion, resulted in physical violence and moral crimes committed by women on children. These cases were very much seen as rare exceptions. However, despite all this effort to establish regular functionality as something of a norm, the vision of the intact, stable family with a strong father and subservient mother who could show her feminine domesticity under her husband’s tutelage remained an illusion for many. Schafer quotes census statistics for 1900 which show that forty-five per cent of French children and adolescents had already lost one parent, and more than one third of households were headed by single parents.332 This rather bleak outlook for the nuclear family matched narratives of its moral decline. At the same time, a sentiment emerged which expressed a liking for individual autonomy that went beyond the confines of traditional family roles. Parents who at times wished to be something other than what the traditional role prescribed for them increasingly came up against a powerful discourse which had moved from pure authority and paternal right to advocacy of family bonds, nurturance and educational responsibility, highlighting parental obligation, in particular on the mother’s part, and defining a mother’s role as essentially altruistic.333 While parenthood experienced a shift from natural right — regardless of the quality of parenting the children actually received — to state legislated regulation and fulfilment of obligation for the health of the next generation and by extension, the nation, the discourse on parenting increasingly detailed parental obligations through the interplay of sexual difference. Mothers were the nurturers and educators, while fathers balanced their responsibilities in public life with measured authority as providers in the domestic space.334 Strength and a sturdy character became very much markers of a father who is strict but just, while the mother’s attributes showed nurture, docility, and submissiveness. Narratives which did not fit this mould could become problematic and are very different from contemporary accounts of parental abuse. Presentations of parents where their roles appeared to have been reversed from the expected ones were regarded with suspicion.335 In chapter one I discussed a passage by Tardieu who had commented that submissive behaviour in a father amounted to weakness and cowardice, while his wife seemed “unnaturally” strong minded and in charge of the children’s physical discipline — a sign for Tardieu that her presentation might border on the pathological: he called her “de- naturalised,” even contemplating “a kind of madness […], an aberration of the senses,”

64 implicitly deferring to a traditional understanding of natural order. Professionals had deployed a commanding discourse to regulate parental conduct in accordance with the assigned roles where any behavioural departure could easily be interpreted as deviance, even madness. I will be further discussing this question of madness in association with sexual deviance in chapters three and four.

Children as Future Prospects The family as a unit was now recognised as standing in for the nation. Professionals across a number of disciplines, including medicine, law and politics, paid attention not just to the father and his authority, but also, and perhaps more so, to the mother. Through this lens, Woman’s role powerfully overdetermined the need to cope with national anxiety, shame, humiliation and infertility, against which her altruism in favour of her offspring was meant to guard her. In the sphere of the home, her devotion to education and instruction of her children who were to develop into healthy, reliable citizens had become elevated to crucial importance. The next generation, and with it, women’s reproductive cycles, came to be equated with future prospects of la France. Now something of a treasured asset, a great deal of concern about the protection of children expressed itself throughout both professional and public discourses on the subject. Anxieties about moral decline and collective bad habits are closely linked to heightened anxieties about the health of the family, the space where the next generation received nurturance. With the right kind of guidance and education, children would thrive and develop into adults who would contribute to progress of the nation in some way. If this was lacking however, defects in parents could be passed on to their offspring, and develop into worse conditions over time. The idea that children could be both vulnerable and in need of protection and already corrupted by vice created some difficulties for those who were working to reform state legislation.336 From these rather broad anxieties about degeneration which threatened to bring about the physical and moral breakdown of the family, society, and nation there emerged an increasing interest in child protection. This in turn prompted the need to categorise and identify signs and symptoms through which one could recognise that a child might be in need of such protective efforts orchestrated by the state.337 As Yvorel points out, the idea that child victims could also be guilty children was well- advanced by the end of the nineteenth century. In reading case studies which describe crimes committed on children, at times it becomes obvious that child victims could just as easily be judged responsible for what happened to them: through their appraisal as “already guilty,” they

65 were labelled precocious, promiscuous and generally contaminated by degenerate tendencies. So wrote Bernard in his thesis on indecent assault on little girls: It is certain that, while the proverbial candor and naivety of childhood are not illusory words, there are cases where it really seems that a bad fairy has jinxed these little creatures from birth with the most perverted instincts, the most shameful vices. The clinical observations of Professor Lacassagne mention a little girl of nine, who by her habits and conduct caused great despair to her family. This child was addicted to onanism; taking advantage of the fact that her parents could not exercise constant surveillance over her, she often escaped from her father's house to visit individuals with whom she indulged in shameless acts. She (was) also […] saying that she often got drunk with liquor called arquebuse!338

This view, says Yvorel, could prompt magistrates who were tasked to reach a verdict about the culpability of a parent for mistreating a child, to consider that the “vicious” character of the child might have provoked the parent in some way. This was in line with the traditional view expressed in article 371 (book one, title nine) of the Code civil, “A child, at every age, owes honour and respect to his father and mother,”339 which cemented lifelong indebtedness and responsibility between the generations. If there was a perceived lack of honour and respect on the part of the child, parents had traditionally been entitled to physical correction of their offspring and its practice was ubiquitous. Moreover, case examples demonstrate quite significant variations in severity of the violence exerted and lack of restraint on the parents’ part. Thus, in cases of rather severe and repeated physical violence displayed towards children by their parents, some magistrates justified at least partially the parent’s over-use of their right to parental correction, which could include serious crimes bordering on torture.340 This view manifested in the new category of the enfant moralement abandonné [morally abandoned child], which embodied within this single legal classification the potential for disorder. The child who had been neglected and abused by their parents personified imminent danger of social corruption and a trajectory to adult pathology and deviance, at once embodying “the entire cast of destructive characters.”341 This included criminals, vagabonds, prostitutes, the mentally insane, alcoholics, epileptics, and dangerous mothers and fathers, in short, all those who represented imminent social crisis and what Nikolas Rose has called “symbols of social anxieties.”342 Similarly, Denis Darya Vassigh points out that professionals at the time struggled to articulate differences between the groups of “morally abandoned children” and “delinquent children,” one pointing to the need for protection, while the other highlighted an imminent threat to social order.343 Having drawn attention to the wider developments that help to understand and analyse moral anxieties abroad at this time, I will now focus on how legislative changes and attempts to

66 regulate the family actually contributed to developing the category of the “morally abandoned child.”

The Rights of Parents and the Responsibility of the State: Morally Abandoned Children “To inform the legislator regarding Criminal Affairs, on December 29, 1891, a circular letter was sent to all attorneys-general of the courts of appeal, requesting them to inform the Ministry of all “cases of violence and assault on children by their parents or guardians,” from 1887 to 1891.” [Cas de violences et voies de fait exercées sur les enfants par leurs ascendants], reports Jean-Jacques Yvorel.344 This was to determine whether “the law on the protection of maltreated or morally abandoned children” which had been implemented in France on 24 July 1889, was working to the satisfaction of the state. Also known as the law on the divestiture of paternal authority [la loi sur la déchéance de la puissance paternelle], it awarded the civil court the right to regulate family affairs to a level which had not been seen in France before. Through the law’s implementation, parents automatically forfeited “paternal rights” if they were convicted of crimes committed against “the person or persons of their children.” This included physical abuse, neglect, and child prostitution. The law further stipulated that parents could lose their legal authority if “they had been sentenced to hard labour in perpetuity or solitary confinement, or if they had been convicted more than once for sequestering a child, for infanticide, for exposing or abandoning a child, for vagrancy, or for public inebriation.”345 The new laws addressed a fairly broad range of behaviours which were deemed undesirable among parents. Furthermore, parental habits which state legislators had identified as threatening to interfere with their parental responsibilities did not need to be criminal behaviours by law: If their parenting was deemed insufficient, for the first time in French history the state could now divest mothers and fathers, as well as guardians of their parental rights. Tardieu had been the first to identify the absence of good parenting and the exposure to dangerous parents as a widespread occurrence.346 By the end of the nineteenth century, it seems authors had accepted that [t]here is an increase in child beatings and poor treatment of children. No doubt they have always existed, but in our time their frequency is worrying.347

Often-cited undesirable behaviours included habitual drunkenness, physical abuse, and “notorious and scandalous misconduct” by parents which were seen to jeopardise the health, safety and morality of their children. Schafer discusses in detail how civil regulation had now

67 superseded criminal correction, while the combination of the two created something of a hybrid which became difficult to interpret and, as I will describe in more detail below, created the basis for great variation in how it was applied.348 Two years after these new laws had come into effect, legislators were interested to find out more about how successful they had been in helping to regulate and reprimand undesirable parenting behaviours. In commissioning the survey, they hoped that its results would inform them if the implementation of subsequent legislation was needed. Since these legislative changes had come into effect, concerns had emerged that the legislation was still too lax in its current form. As it was, the removal of paternal power of parents and guardians, both male and female, who had injured, wilfully assaulted or withheld care of a child could lead to a maximum of two years imprisonment. This included le libéricide [the murder of a child by a parent].349 Many asserted this was not enough to ensure the protection of children.350 In contrast, indecent assault of a child under the age of fifteen years was punished at the time with hard labour; rape received the maximum penalty of twenty years of hard labour.351 In comparison, two years of prison for an offence against the person of a child seemed rather lenient. Reflecting on the motivation for the survey, there is indeed an inconsistency in the measure of punishment which was handed to parents who had injured, accidentally killed or murdered their children as a result of using physical violence. When the national survey was conducted in 1891, it did not claim comprehensive coverage of the issue. Rather, the aim was to provide some insights around the application of the law to actual cases. The dissemination of a nationwide survey to study what results were showing through recently changed legislation could be a sign of what Schafer has called “the curious relationship between power and uncertainty” as observed in a number of relevant settings: legislative debates, civil justice and departmental administration.352 Despite its imperfections, says Yvorel, the sample provides some important insights describing the narratives surrounding both the collected statistics and the variations these showed on a national level. Moreover, it helps, from the viewpoint of the present, to trace the conceptualisations of perpetrators and victims pertaining to child abuse, including some of the methods through which children suffered, which are very much in line with what I explored in chapter one in relation to physical abuse of children in Tardieu’s work. One obvious limitation of this survey was that the sample only consists of cases that actually came before the courts. There was underreporting, of course, says Yvorel. Many more cases never made it to trial.353 Yvorel reports that the archive file which summarises the investigations from the survey mentions 631 judgements, involving 733 alleged perpetrators and 805 alleged victims. Most

68 parents were solely accused, with the occasional couple facing charges also. The survey found that in the sample of cases examined, men had been more violent towards their children than women, but the difference was only small. Among the 733 adults who were listed as the accused, 375 (51.23 per cent) were men and 357 (48.77 per cent) were women. Yvorel comments that these statistics seem to show the use of violence, at least in the intrafamilial setting, cannot solely be explained through the use of male privilege. This shows a significant departure from the way in which physical abuse of children can be interpreted in the present, alongside domestic and family violence, as a “gendered crime,”354 where women and children are almost exclusively cast as victims. So considers a discussion paper (2009) by the Domestic Violence Resource Centre of Victoria “what tactics perpetrators of domestic violence use to undermine women’s mothering,”355and that “violent men […] are not held accountable for the effect of their behaviour on their children.”356 From the 631 cases which had been tried in French courts and listed in the survey, fifty are in regards to what Yvorel terms “an expected portrayal” of the stepmother as tormentor and a further twenty cases depict a stepfather as the respondent. The narrative of the vicious and abusive stepmother who despises her stepchildren and mistreats them badly was well entrenched in French literary and public discourse.357 Surprisingly though, amongst those cases Yvorel cites, often the birth parent was actually the one to mistreat the child, while the new spouse attempted to protect. As an example of maternal cruelty where the step father intervened, Yvorel cites the following case which appeared before the Court of Nancy on June 28, 1887: Louis Émile C., who had legitimised the daughter of his wife, Marie G., was “kind and affectionate toward the child,” while the mother, who had already been sentenced in 1883 to three months in prison for ill-treatment of her child, continued her abusive behaviour [les exactions]. “Her husband had to denounce her to the gendarmerie. Without any reason [sans motif], she had beaten her eight-year-old daughter who suffered swelling on both her eyes [...] and a dislocated thumb.”358 Criminal conduct by mothers against their children did receive some scholarly attention, although it was by no means regarded a crucial object of study: Camille Granier published a book in 1906 titled La Femme criminelle [criminal woman], at the time a rather unusual topic and possibly the only French publication which is solely dedicated to crimes committed by women.359 Interestingly, Granier included quite a substantive chapter on “Criminalité sexuelle [sexual criminality].”360 This chapter, however, makes absolutely no reference to women who sexually abuse children. Instead, it discusses the murder of children by their mothers, women who kill their husbands and vice versa, and for the most part, unfaithful women who murder

69 their lovers, for which the most popular method as identified by Granier was poisoning. What is more, Granier did not refer to Lombroso’s work as an inspiration for his study. This is rather surprising since Lombroso’s La donna delinquente, which also translates as “criminal woman,” was both exceptional in its topic choice and well known then.361 Granier’s text features a whole chapter on “Maternal Criminality: the Child Victim [criminalité maternelle (l’enfant victime)]” which contains sections on infanticide and abortion [l’infanticide et l’avortement], child abduction [vols d’enfants], and child maltreatment [sévices contre les enfants].362 This chapter does cite cases of sexual abuse on children by women, albeit rather briefly.363 One case study in particular is of interest which I will be discussing in chapter five. In his text, Granier referred to a study by Dumas that had been written under Lacassagne’s supervision and found the death of children who had grown past infancy [le libéricide] to be “the consequence of the ill- treatment exercised by the housewife.”364 Granier also cited statistics from Italy which indicated that the mother was responsible for most cases of cruelty against children that had come before the court over a period of six years.365 Furthermore, his case discussions of mothers’ cruelty towards their children included regular beatings, starvation, neglect, and torture.366 So it appears that within the French discourse on criminality at the time, women were absolutely considered capable of mistreating, hurting, and even torturing their children. What was difficult to determine, however, was to ascertain exactly at what point acceptable ways to discipline turned into cruelty to children which was punishable by law. Yvorel shows with his article the oxymoronic tension which the results of the survey reflect yet again: the difficulty of determining whether abusive behaviours towards children ought to be identified as parental right or a crime against the child. As the variation demonstrates, professionals appointed by the state did face a difficult task when they needed to determine whether or not parents had exerted violent behaviour towards their children which went beyond simple correction, as they were fully aware that many parents used corporal punishment to discipline their children. Yvorel offers the following structure which, he concludes, magistrates used to study judgements which included written excerpts of their expectations of parents: “[I]t appears that magistrates classif[ied] violence to children in three categories: the legitimate exercise of the parental right of correction, the over-use or abuse of this legitimate right, and finally illegitimate and criminal violence, which was categorised as “offences against the person.”367

It appears to Yvorel, for good reason, that magistrates distinguished the crime of an “offence against the person of a child” from accepted parental discipline by the severity of violence used

70 first, and overuse of physical discipline second. As the struggle of dissemination continued and interpretation was called for to distinguish between parental right and child abuse, applications of the law varied greatly, and that was reflected in the survey, which found very different rulings. For example, according to the mayor of his village, Rosalie B., innkeeper of his estate, “frequently beat her two little daughters (aged two and a half and eighteen months) with enough violence to draw blood.” The court of Mamers (Angers) "acquitted the defendant, considering that she had not exceeded the rights of paternal correction," on November 28, 1888. On the same day, the court of Beauvais in Amiens sentenced Florine H. to three months in prison for a very similar offense. She had regularly struck her children aged eleven and thirteen “with a birch stick until the blood spurt[ed].” One could argue that the former constituted a more serious crime, given the young age of the children involved, yet it did not result in a conviction.368 Yvorel explores how contemporaries held the view at the time that the great variation in verdicts could stem from a number of factors. These, not all that dissimilar to current investigations, could originate from individual witnesses’ recollections, their liking or dislike for the person in question, the state of the local community, the standing of the accused within the local community, and the quality of the investigation which followed such allegations. In other words, the variation in verdicts could come from the differing values on which decisions were based. Personal beliefs, political orientation, experiences and the interpretation of legislation all played their part, as they continue to in contemporary child protection practice.369 All things considered, it might not be surprising that the survey showed great variation in interpretations of the legislation, which then resulted in contradictory and inconsistent legal practices. The tension between efforts to uphold the right of the parent and at the same time, the right of the child to grow up free from abuse was not easily resolved. While these concepts co-existed somewhat uncomfortably, support for parental omnipotence, however, no longer happened unquestionably throughout this period of uncertainty. The December 1891 survey highlights a period of transformation regarding child and family law in France. At all levels of civil legislation, this closely aligns with a redefinition of the place of the child, which cast doubt on the roles of parents as well.370 Child protection remained the object of legislative efforts, with further amendments made to the legislation in 1898 which intended to enhance the protection of children. This included the regulation of corporal punishment, in particular by teachers,371 and a separate legal category for the murder of a child who had outgrown infancy.372 In the previous chapters, the tension between the right of parents to exercise physical discipline

71 on their children at their discretion and the role of state intervention in cases of child abuse featured in some detail. Tardieu’s writings made a strong case to the state to protect children from abusive behaviour by those who were in charge of them, at a time where the limits to paternal rights in regards to children were coming increasingly into view. Before that time, state regulation had not been on the radar to address parental inadequacies. Whilst radically new, these laws expressed a somewhat conventional assumption which regarded undesirable behaviours as a direct sign of parental failure without consideration of other factors, for example that at times, criminal activity by parents could have been initiated by economic and social need, rather than pathological deviance. Despite these shortcomings, however, the 1889 laws evidence a trend to increasingly address the misuse of parental power and the protection of children through civil legislation. What had been started through the three legislative changes in 1874 which marked the first regulatory efforts in regards to parenting in France became more obvious through this second round of legislative changes: that the private business of parenting had now been subjected to legislative and increasingly public concern.373 The results of the survey indicate that despite legal codification, the term abandon moral remained opaque, troubling those required to interpret and apply it to actual cases. It encompassed elements of behaviours which showed physical abuse, neglect and plain indifference by parents towards the wellbeing of their offspring. Schafer has pointed out that the struggle for clearer definition of behaviours which could fall into this category might be linked to the legislation’s use of a negative concept – the absence of good parenting, or adequate parental morality, which makes resulting negative and often life-threatening impacts on children difficult to evidence in a linear “cause and effect pattern” before the court.374 In my work as a child protection professional, I observe this is perhaps the most difficult task for child protection workers. Many have struggled to evidence harm to children resulting from “neglect,” which by definition is the absence of attentive parenting and can include lack of appropriate supervision, emotional indifference, and absence of basic care, perilously loose boundaries, and exposure to a range of dangerous behaviours by adults. The question which often comes to be asked at the nexus of child protection work and court intervention is this: “How can you say for sure that the child is at unacceptable risk of harm in the future as a result of her parents’ neglect?” As for abandon moral, the applied definitions for neglect have remained rather vague, despite concerted efforts to tighten them. They require child protection workers to rely on fairly subjective interpretations. For example, the current manual for Structured Decision Making (SDM) which is used by the Queensland Department of Child Safety, Youth and Women defines neglect as follows:

The child’s basic necessities of life are unmet by a parent to such an extent that the child’s health and development are affected, causing harm or unacceptable risk of harm, to the child.375

This fairly broad statement requires workers to apply their understanding of what “necessities of life” entail. Though helped in the section by further examples and definitions, terms like “inadequate,” “unmet,” “excessive” or “appropriate” feature throughout, relying on workers to apply their own judgement, and indeed, considerable variations in assessments often follow. So it is unsurprising that a level of confusion can be evident in how child protection workers frame rationales and describe their observations as evidence, both in their written material which is provided to the Children’s Court of Australia, and on the stand as witnesses. This chapter explored the emergence and re-negotiation of the family which formed the setting in which the private affair of parenting met with public state intervention to protect children from physical abuse. In the next chapter, I will focus on texts which explored moral crimes of rape, attempted rape and indecent assault at the end of the 19th century, which included crimes against children. All authors whose work I will be citing defer to Tardieu’s oeuvre as central to their investigations.

Chapter Three French Criminal Anthropology and the Moral Offences of Rape, Attempted Rape, and Indecent Assault This chapter seeks to explore the ways in which nineteenth-century medico-legal professionals grappled with how moral crimes on children ought to be defined, investigated and legislated. I aim to show that their struggle with conceptualisation of workable terms and processes of government was closely linked to anxieties about moral decline and increasingly included a view of the criminal not just as a dangerous person, but an agent of moral contagion whose individual misdemeanours represented the declining state of the social body.376 Medico-legal professionals and psychiatrists engaged at the time in the study of criminal anthropology, where research on criminality and insanity became inextricably linked. This helped to foreground a “pathology of the monstrous,”377 which towards the fin de siècle came to be investigated under the banner of “sexual psychopathy.”378 The definitions themselves appeared to be highly gendered: women, as it turns out, were regarded by legal definition as incapable of rape or attempted rape.

Separate Legal Categories: Offences against the Person and Offences against Morals In the previous chapter, I outlined some of the initiatives that addressed civil legislation so that the state was able to exert authority over parents who had placed their children in harm’s way, were absent or failed to educate and nurture them. From a present day perspective, one might expect that sexual crimes against children would have been included in these debates. After all, the information child protection professionals have at their disposal today clearly identifies behaviours which fit the definition of child sexual abuse as a violation against a child with damaging consequences, whether exerted through physically violent behaviour or the use of coercion. This fundamental assumption remains at the core of its current definition, even if the definitions themselves vary.379 In contrast, the legislation which was in use during the early years of the Third Republic to regulate cruelty to children does not mention sexual crimes against children, apart from the crime of forcing a child into prostitution for economic gain. Intrafamilial violence against children manifested first and foremost in cruel behaviour by parents, expressed purely in physical terms. Sexual abuse was not part of it, nor did it include the notion so prevalent in today’s child protection legislation and practice of “emotional harm,”

74 as that did not yet exist. The legislative term enfant moralement abandonné comprised first and foremost harm to the body, which included neglect of physical needs and exposure to the elements, for which parents or persons of authority over children were responsible. A present-day reading of the term might indeed be misleading, in particular in the English translation, because of the adverb moralement: it might be associated with “attacks on morals [les attentats aux moeurs]” which included sexual attacks against children. Rather than labelling anything to do with sexual violence, however, the term enfant moralement abandonné, in addition to the physical dimension, comprised an educational component. Parents of morally abandoned children stood accused of neglecting their duty to guide and educate their children. It was increasingly regarded as an important obligation that parents teach their children morally proper behaviour and support their development into responsible citizens who would serve the nation well.380 Those who supported progressive changes to civil legislation in order to scrutinise and control the quality of parenting claimed this was part of fulfilling a parent’s role traditionally enshrined in natural order which had increasingly come under threat through degeneration.381 Moreover, separate legislative texts regulated physically harmful and neglectful parenting on the one hand, and attacks on morals on the other. The behaviour of dangerous parents who had morally abandoned their children was regulated firstly through civil legislation, in particular title nine of the Code civile’s first book, “On Paternal Authority [de la puissance paternelle]”382 and further diversified through the new bill passed on 24 July 1889.383 Les attentats aux moeurs, on the other hand, were addressed through the Criminal Code only, and only in particular circumstances, which I will be discussing in more detail below. Aside from further explorations of physical abuse of children, a proliferation of texts on rape, attempted rape and indecent assault on children emerged during the years of the early Third Republic, not least from the reactions Tardieu’s work evoked at the time. Some of these texts continued to maintain a predominantly forensic focus, while others developed a much broader agenda and commented widely on legal, political and social developments, using those to inform and reflect on their work, and aiming to show themes, patterns and a trend towards moral and mental decline within the population. Women, firmly defined as male property through la puissance paternelle, were increasingly held responsible for parental failures, in particular in the areas of nurture and moral education. Discursive contributions at the juncture of legal and scientific realms prompted further developments in the fields of forensic medicine, in particular medico-legal professionals in court, and criminal anthropology. Tardieu had predominantly focused on detailing physical

75 evidence of a violent attack on bodies. Consequently, he did not regard it part of the medico- legal expert’s role to discuss whether the alleged victims were telling the truth. In contrast, some of his successors made this question central to their forensic analyses. Moreover, Tardieu had very little to say about offenders in general both in a forensic and a motivational sense. This changed significantly at the fin de siècle, where authors included inquiries about those matters in their discussions. Conscious they were examining not just the individuals who either alleged they had been victimised or stood accused of committing a crime, professionals stressed they were treating a “social danger” which played into anxieties about threats to law and order.384 In the medico-legal realm, this was targeted work to support the task of the magistrate. For criminal anthropologists, who were interested to find common denominators which could help define what contributed to people committing crimes, this was about degenerative trends within the population and could include pathological lying as much as sexual offending. None of this had as yet solidified to agreed-upon theories.385 As for parents who had been deemed “dangerous” through the application of the civil legislation, if there was reasonable suspicion they had engaged in criminal behaviour, the Criminal Code then applied. The term “sex crimes” does not feature at all in texts from this time, precisely because the notion of emotional harm or harm to the psyche had not yet formed. Consequently, violence itself remained mostly within a syntax of physical corporeality and was not readily applied to sex unless there were confirmed physical injuries as a result of an assault. During the course of the 1880s though, some authors started to contemplate the possibility of “moral violence” which manifested through forceful sex without consent. Acknowledging that the nomenclature for moral crimes literally suggested that someone’s moral standing or honour had been “attacked,” it appears fairly certain that most historical authors would accept close association with violence, but it was not yet clear in what way violence manifested through the use of sex, again showing how associated uncertainties in the definitions resulted in struggles to identify tensions between intent and impact. It was often not clearly stated what or who should be punished, the act itself or the offender who committed it.386 Thus, crimes of a physical kind against children were not likened to those which would be called “sexual abuse” today, despite general agreement amongst professionals at that time that a rape always included the use of violence.387 Furthermore, excessive and harmful physical discipline by parents which constituted physical abuse of children was part of a separate category in the Criminal Code, that of offences against the person, but the legislation which regulated offences against children through the use of sex could be found in the laws that structured the regulation of indecent assault and rape crimes

76 more generally. This was the category of offences against morals.388 Contrary to the law regulating paternal rights and responsibilities which had remained mostly unrevised since the implementation of the Napoleonic Code civil in 1804, crimes against morals experienced progressive diversification throughout the nineteenth century in France. Throughout this chapter, I will detail some of these changes which reflect how professionals worked towards greater clarity of the relevant legal definitions to achieve greater consistency in legal procedures and responses to crimes against morals.

The Study of Social Danger and Criminality In order to work towards greater uniformity of both relevant legislation and judiciary responses to moral crimes, professionals recognised that a number of disciplines needed to collaborate to achieve these objectives. Some of this work developed under the banner of a new profession: criminal anthropology emerged over the last two decades of the nineteenth century as a discipline which took interest in researching criminal behaviour from a medical perspective, while closely associating crime with psychopathology. Criminal anthropology often incorporated language within its discourse that showed close affinity to bacteriology and described crime as a kind of moral and social contagion which corrupts society.389 While traditionally, the focus of the legal profession had been on the criminal act itself to determine the just measure of punishment, increasingly authors deemed it necessary to get to know the offender. It seemed no longer sufficient for legal proceedings to determine who committed the crime. Rather, proceedings now sought to understand the offender’s background, family history, and their motivation to offend, in short, “what one is,” as Foucault remarks.390 The question of motive for the criminal act gained more significance as a marker of rationality. If none could be established, it fell to the medico-legal expert to declare the offender to be “without reason,” or in other words, (criminally) insane.391 Both French and Italian professionals specialised in criminal anthropology, at times engaging in somewhat bitter arguments with each other. While there were some fundamental differences in the way in which they investigated and described crime, both agreed on some of the bigger assumptions that prompted them to examine what caused people to engage in criminal acts. For example, they were quite convinced that much of what they were observing was testament to degeneration which they believed had increased in the population. What boosted their rivalry and arguments, however, was that they made very different choices about how they situated and aligned their work with the natural sciences. While the French criminal anthropologists

77 largely ascribed criminal activity to impressions of the milieu in combination with degenerative trends within the population, the more radical Italian criminologists, in particular Cesare Lombroso, pursued the idea of the “born criminal” through the lens of biological determinism. Lombroso, with the help of his co-author Guglielmo Ferrero, wrote about women as born criminals, in particular in his 1893 work La Donna Delinquente, la Prostituta e la Donna Normale [Criminal Woman, the Prostitute, and the Normal Woman]. According to the translators and editors of the 2004 English edition, La Donna Delinquente “constitutes perhaps the most extended proof of women’s inferiority ever attempted.”392 Lombroso stressed that overly sexual women were almost always prostitutes, using a binary logic which neatly decrees that if a woman is not a prostitute, she cannot be sexual: Those who most clearly manifest exaggerated and unceasing lustfulness are both born criminals and born prostitutes; in them lasciviousness intermixes with ferocity, as in the examples of Messalina and Agrippina. Their eroticism differentiates them from normal women, in whom sexuality is weak and delayed, and makes them resemble males. In fact, in this respect the main difference between them and males is their even greater and sometimes bizarre sexual precocity.393

According to Lombroso and Ferrero, normal women were sexually passive and weak because of their feminine biology. They were chaste and generally uninterested in the pursuit of sexual pleasure. Prostitutes, on the other hand, were distinct from most other women and personified that which was sexually dangerous, a monstrous mutation of natural order.394 They were sexually precocious, even more so than men. This was because women did not have the moral maturity or intelligence to protect themselves against the dangers of excess, if they did yield to the pursuit of sex. Lombroso described normal women as rather like children. Prostitutes, on the other hand, were thoroughly uninhibited in ways that to him were equally childlike. As Nye asserts, rather in contrast to Lombroso’s research, the work of French professionals, among them medico-legal experts, shaped the view that the social environment in which people operate is of primary importance for criminal behaviour, as well as for developing distinctive personality traits commonly found in those who commit crimes.395 Nye explores how French professionals across the disciplines of medicine, law, anthropology, and the social sciences collaborated and supported each others’ work, both to refute the Italians and because they acknowledged that an investigation of the social milieu required multidisciplinary investigations. The spread of texts across disciplines which integrated pessimistic views about degenerative trends and threatening contagions reflects a growing concern about the physical and moral health of the next generation. As the profession of criminal anthropology was largely fronted

78 by medical practitioners, its discourse is highly medicalised. While I am touching on very large questions like the impact of Darwinist and Neo-Lamarckian theories on contemporary thinking about degeneration and the proliferation of criminal behaviours, I am including it here merely to show some of the linkages that are reflected in these rich primary sources, insofar as they impact on the way professionals have conceptualised child abuse and more specifically, child abuse perpetrated by women. My focus remains mostly on French sources from this discipline.396 In the next section, I will be exploring how professionals grappled with developing universally acceptable definitions of moral crimes in more detail so that they could help reduce variations in rulings in the judiciary space.

Developing Legal Categories: Rape, Attempted Rape, and Indecent Assault Medico-legal professionals provided forensic evidence so that the investigating Magistrate [le juge d’instruction] could make recommendations to help determine the charge, and in the event of a conviction, the sentence. There are several documents which discuss moral crimes under the available legislation and some of the difficulties which had increasingly emerged since its inception. When the Code pénal was implemented in 1810, psychiatry as a discipline did not exist and neither did medical texts which were specifically dedicated to discussing moral crimes on children. Once advances in these areas had been made throughout the course of the nineteenth century, the articles which applied to these kinds of crime appeared rudimentary and insufficient to most medico-legal practitioners and psychiatrists. In order to situate some of their commentary and tease out the struggles professionals faced in the medico-legal space, it seems important to attend to the passage in the legislation which had regulated these offences since 1810, in order to cast light on the resulting uncertainty and lack of legal guidance medico- legal professionals commented on in their texts. The legislation which regulated moral crimes at the time could be found in Book III, Articles 331, 332 and 333 of the Napoleonic Code pénal (1810): ARTICLE 331. Whoever commits the crime of rape, or is guilty of any other indecent assault, consummation or violent attempt against individuals of either sex, shall be punished by imprisonment.

ARTICLE 332. If the crime was committed on the person of a child under the age of fifteen years, the offender will be sentenced to hard labour.

ARTICLE 333. The sentence will be that of forced labour for life, if the guilty belong to the category

of those who have authority over the person against whom they have committed the attack, whether they are his teachers or hired servants, or if they are public officials, or ministers of religion, or if the culprit, whoever he may be, has been helped to commit his crime by one or more persons.397

What many medico-legal professionals critiqued at the time was that these articles are rather vague and thus leave plenty of room for different interpretations. Article 333 seems the most comprehensive of the three. It is striking, however, that amongst those “who have authority over the person against whom they have committed the attack,” parents were not named, although the article still applied to parents who had sexually assaulted their child. Overall, many more specific questions remained unanswered through these articles. What were the categories which could provide guidance about definition of the crime, commentary on severity of the crime, impact on the victim, and time frames for sentences? Because the code did not say, there was plenty of variation in verdicts which stemmed from the uncertainty and confusion that became apparent during court trials where this legislation needed to be applied. Throughout the nineteenth century, these articles did undergo further diversification, with the passing of consent laws on 28 April 1832 and then again on 13 May 1863. The original articles of the Code pénal did not prescribe punishment for indecent assault when young children had offered no resistance to the attack or “consented” out of ignorance. The first change addressed this dilemma by for the first time implementing an age of consent: It specified that a child under the age of eleven years could not give valid consent to a sexual encounter, and that due to this lack of consent the existence of violence ought to be presupposed as a matter of course. The change in legislation from 1863 increased the age of consent from eleven to thirteen years. Furthermore, in cases where the offender was one of the child’s ascendants, the age limit was pushed back to the child’s coming of age or emancipation by marriage.398 The below table, taken from Alexandre Lacassagne’s 1906 text Précis de medicine légale, summarises the articles in the legislation, age limits and what kinds of punishment various crimes required.

Figure 4: Alexandre Lacassagne, Table of relevant articles in the French Penal Code, Précis de Médecine Légale, 1906: 727.

In general, there appeared to be consensus during the 1880’s that the frequency with which les attentats aux moeurs were committed had increased, steadily so since 1825.399 Some conceded that the legislative amendments might have contributed to an increase in crime rates with the raising of the age of consent from eleven to thirteen years for indecent assault without the use of violence and indecent assaults by an ascendant, but acknowledged that this could not have been the only reason as the overall increase in moral crimes appeared “frightening.”400 Rather, most writers ascribed the steady increase in these kinds of crimes to social malaise and degeneration. Anxieties and a generally pessimistic outlook when it came to the future of the nation at the fin de siècle might have played a part in developing this view. As for crime statistics, and historical ones at that, I will not be taking their collators’ findings as a reflection

81 of true patterns of criminal behaviour at the time. Rather, I seek to historicise them in keeping with the view that they can shed more light on the “fears and obsessions”401 of those collecting them and place under investigation their readings and conclusions, rather than elucidate “the transgressions of delinquents.”402 Illustrating the anxieties so prevalent in France at the fin de siècle, I defer to Michelle Perrot’s assertion that “there are no “criminal facts” as such, only judgements about crime that create criminal acts and actors.”403 In any case, the increase in recorded frequency of les attentats aux moeurs where the legislation needed to be applied to more court proceedings continually exposed the limited detail offered by the relevant articles in the legislation. One of the people who openly bemoaned this lack of clarity was medico-legal practitioner Alexandre Lacassagne. With some of his students and other followers, he formed the French School of Criminal Anthropology in Lyon where he researched possible causes of degeneration, which he believed was at the root of many social problems. Lacassagne, alongside other French professionals like anthropologists Léonce Manouvrier and Paul Topinard, professor of legal medicine Brouardel, and sociologist and criminal judge Gabriel Tarde, strongly supported an environmental interpretation of crime in which the social milieu played a pivotal role to developing criminals as one possible manifestation of degeneration.404 Lacassagne’s research on crime included the study of moral crimes. At the time chair of legal medicine at the University of Lyon, Lacassagne identified the significance of Tardieu’s work on assaulted children, and following the first edition of Tardieu’s study Étude medico-legale sur les attentats aux moeurs (1857), encouraged his colleagues and students to research and write about indecent assault, attempted rape and rape, including on children.405 Lacassagne acknowledged that the legal interpretation of these offences in accordance with the Code pénal could become very difficult as the legislation did not explicate exactly what behaviours were included in the terms, for example les attentats à la pudeur avec ou sans violences [indecent assault with or without violence]. Whilst Tardieu had recommended that physicians remain true to their craft without diversion, Lacassagne argued that physicians and legal practitioners needed to share an understanding of each other’s work: It is necessary that magistrates and doctors adopt a uniform language that is intelligible to all and accept a precise definition of what constitutes the nature of the offense or crime.406

This is in line with Penard’s assertion that clear definitions in legal terms would help medical practitioners work towards tangible solutions.407 Penard and Lacassagne recognised how uncertain professionals across the disciplines of law and medicine remained about these crimes

82 because the Code did not provide much guidance. Produced over twenty-five years apart,408 their texts agreed that official definitions and proper nomenclature needed to be developed if there was to be more consistency in convictions and sentences. Providing a forum for his French-speaking colleagues “to discuss the penal sciences, the theoretical and practical results of criminal anthropology and forensic medicine,”409 Lacassagne founded and edited a journal, which he titled Archives d’anthropologie criminelle et des sciences pénales. In the foreword to its first edition in 1886, he argued that it was time both legal and medical sciences broadened their subject areas to include the study of statistics, which he saw as pivotal to demonstrating trends that could inform how the legislation needed to change in order to effectively deal with offences against morals and how legislators could determine just punishments for these kinds of offences. He made this point in terms that were characteristic of the positive knowledge that served for many of his contemporaries as the very definition of science: Can the various codes, prepared and discussed by the legists, edited and modified by the legislators, not be subject to the control of science? Have all the articles of law taken sufficient account of the positive laws which regulate the physical and social environment in which man evolves? Do not physico-chemical circumstances, biological and political conditions […] constitute more or less powerful modifiers, causes which it would be desirable to know well in order to appreciate the genesis of the crime or the formation of criminal man?410

Lacassagne understood the genesis of crime to be ruled and regulated by positive laws of science, which were based on verifiable observations and logic. The “powerful modifiers” Lacassagne referred to indicate a Neo-Lamarckian take on science: the belief that the environment has formative power over a willing organism. French criminal anthropologists supported the notion that the individual organism adapts in an attempt at maintaining equilibrium following changes to the environment in which they are situated. Therefore, they expressed a particular interest in how changes within the social milieu contributed to degenerative trends within the population.411 To better understand what contributed to crime in an anthropological sense, Lacassagne regarded the study of crime statistics to be an important way for researchers to learn more about common denominators of crime, in alignment with positive laws of natural science. Encouraged by Lacassagne, this was the kind of work a number of professionals in Lyon engaged in. His academic work remained committed to this view. In one of his later texts, Lacassagne declared that “La science est comme le feu, elle purifie ce qu’elle touche [science is like fire, it purifies what it touches].”412 His purpose was to understand the scientific conditions under

83 which crime occurred and by extension, understand how the category of “criminal man” developed, in order to disrupt and reverse this process. Lacassagne saw his work as being about crime prevention and disruption. Demonstrating this sentiment, René Garraud, a professor for criminal law at the University of Lyon, and Paul Bernard, a forensic surgeon, collaborated to produce an article in 1886, titled “Des Attentats à la pudeur et des viols sur les enfants — législation statistique [On indecent assault and rapes against children — legislative statistics].”413 Their collaboration across the disciplines of law and forensic medicine is perhaps indicative of a general trend towards integrated work between these two professions. Bernard submitted his doctoral thesis Les Attentats à la pudeur sur les petites filles [Indecent Assaults in little girls] in the same year under Lacassagne’s supervision, providing further contributions to the research on rape, attempted rape and indecent assaults on girls.414 Evidently Bernard used the work he had done for the thesis also in this collaboration, as many paragraphs are identical. Garraud and Bernard’s article was published in the first edition of Lacassagne’s Archives d’anthropologie criminelle et des sciences pénales. It discussed contemporary legislation regulating indecent assault and rape of children, which had come into use in 1863.415 The authors were particularly interested in detailing what constituted consent, and what did not, so that those who needed to apply the legislation in practice could receive some guidance to determine whether consent had been given. They reminded their readership that “any act which is accomplished without consent and likely to damage the modesty of the person who is the victim is regulated and punished by law in the realm of moral crimes,”416 and offered a rather detailed exploration of the changes in consent laws which had come into effect in 1832 and 1863 respectively. In contrast to Tardieu, who had used mostly his own observations from the Paris Morgue, Garraud and Bernard only collected and compared the observations of others, in a kind of statistical meta-analysis. Case studies by Tardieu, Lacassagne, Brouardel, Casper, Georges Coutagne and others are frequently used in their analysis. The text provides a great amount of detail and mostly concerns itself with statistical trends which could explain the prevalence as well as the causes of moral crimes. The authors remarked that, generally speaking, acts of indecency remained excluded from the Criminal Code. Indeed, the article opens with the following statement: In our modern societies, the law does not punish acts that constitute vices in the eyes of moral law, and sins in the eyes of religious law. The separation of the law from morality and religion is one of the characteristic features of today's legislation, when compared to past legislation.

It is especially with regard to acts contrary to morals that this contrast is striking.417

Similarly, in his comprehensive text Précis de Médecine Légale (1906) Lacassagne commented that this divide between law and religion had developed only recently, having been “intimately connected” only a century earlier.418 Garraud and Bernard illustrated in their thorough article that “indecent acts which insult the modesty of another person” remained, through the traditional regulation by Canon Law, in the realm of an offense against personal dignity and individual conscience, rather than legislation, with the following four exceptions: 1) if they are committed in public and thus constitute outrage on the modesty of all; 2) if they are committed with the use of violence; 3) if they are committed towards a person who is too young to give valid consent; or 4) if they constitute a violation of conjugal fidelity.419

This legislation was grouped under the rather broad term of “offences against morals.” Garraud and Bernard discussed in most detail points two, crimes committed with the use of violence, and most of all, three, crimes committed against a person who is too young to give valid consent, which, according to article 332 of the Code pénal, was under the age of fifteen years since the amendment in 1863.420 In the article, they did not have much at all to say about point four, and made it clear their interest was to investigate offences against morals on persons too young to give consent. To them, there existed three major categories which regulated the severity of the offence against morals. These were rape, attempted rape, and indecent assault. Penard had proposed these categories in his text titled De l'intervention du médecin légiste dans les questions d'attentats aux moeurs (1860),421 discussing that while he regarded Tardieu’s work on les attentats aux moeurs as pivotal and ground breaking, he had noted a “certain hesitation” by the great expert to commit to distinct categories.422 Rape constituted full intromission of the penis into the vagina without consent. If intromission was attempted, but not completed, Garraud and Bernard declared this was an attempted rape, and any other acts involving sexual touching without intromission or attempted intromission would constitute indecent assault. From their examination of multiple modern European codes, Garraud and Bernard acknowledged that most other legislations made similar distinctions.423 Lacassagne suggested a fourth category which is that of external or “perineal coitus.” He used this term to describe penile stimulation through rubbing of the penis between the thighs of the child and declared this was a frequently used modus operandi for offences on little girls. With this fourth category, Lacassagne stressed that medico-legal practitioners could expect there would be no traces of the crime. For most other authors, however, perineal coitus was not a category in its own right, as they included all kinds of sexual touching in the category of

85 indecent assault. Accordingly, I have not found widespread support for Lacassagne’s suggestion to incorporate this fourth category into the legislation except amongst his students.424 As for the distinction of these categories from each other, many authors like Lacassagne, Garraud and Bernard, and also Brouardel expressed disdain about the lack of detail in the contemporary definitions.425 Garraud and Bernard looked to foreign pieces of legislation in the search for better examples. By comparing codes from many different European countries, however, they concluded that like the French Criminal Code, most other codes they had studied showed this lack of detail, which could lead to inconsistencies and uncertain interpretations by medico-legal professionals. Now, we will be convinced that it is not easy to compensate the lack of a legal definition, and many forensic doctors have made errors on this subject, which are excusable, but no less regrettable.426

The categories in most codes they had studied remained opaque in their descriptiveness. In particular, this refers back to the discussion of nomenclature which was part of chapter two, the tendency in medical texts to circumscribe the offence in rather vague terms. This reluctance to describe in detail how an attentat à la pudeur had taken place, which had been evident in texts for a long time,427 and the lack of detail the Criminal Code itself had to offer on the matter, had led to confusion amongst professionals, who yearned for consistency in the spirit of positivism. Lacassagne, who was a great supporter of clear definitions, commented in that regard: Because of a misplaced sense of modesty, these questions have been approached from the scientific point of view only with a certain shyness. The authors fear, even those who think they are the most emancipated of any religious idea, that they will be suspected of pornography or scientific impropriety, spread with the ardour of a preacher in various epithets on a vice that they describe as abomination, monstrosity, and infamy […].428

Unfortunately for those who needed to apply the relevant articles to actual cases, it seems that this lasting reluctance to include descriptive detail in both professional discourse and the legislation had resulted in rather great variations in verdicts and sentences because magistrates needed to use their own discretion to determine the severity of the crime. While authors searched for greater clarity to help develop more refined definitions of the categories of rape, attempted rape, and indecent assault, these definitions experienced both greater diversification and emergent gendering. The below section explores how this gendering manifested throughout their discussions.

The Gendering of Moral Crimes Penile rape is a highly unstable form of torture […].429 One of the bigger tasks medico-legal professionals identified at the fin de siècle was to develop increased consistency in the definition, investigation and punishment of moral crimes. To support this objective, Garraud and Bernard offered the following definition: Rape can only eventuate through coitus, with penetration of the penis into the vagina. Any other act would constitute an indecent assault. The existence of physical injury would be considered as an aggravating circumstance of the crime or offense. Defloration should, in particular, call the attention of the law which would determine the penalty, not according to the intention the aggressor had pursued, not in accordance to the degree of penile penetration, but according to the damage caused by the attack and the impact of the attack on the general health of the complainant.430

The degree of damage the victim had suffered should determine the severity of the punishment, regardless of the intention the offender described. It becomes clear here that the question of whether the offender was seeking sexual gratification or power and dominance, so prevalent in contemporary discourse on rape, did not make up part of the debate for Garraud and Bernard. They did not at all explore the offender’s motivation for committing the crime of rape. Garraud and Bernard established in this passage, quite in line with traditional criminological analyses, that the crime determined the punishment, not an assessment of the criminal’s intent. What they did focus on in rather a lot of detail was the question of what would accumulate maximum injury and therefore constitute the most severe crime. Defloration again features as one of the most recognisable markers of cultural meaning, most profoundly embodying the corporeal damage of an attack on morals. Whilst they acknowledged that physical injury, including defloration, ought to be considered an aggravating circumstance, Garraud and Bernard were very clear that in following the legal definitions, the only way a person could be raped would be through completed coitus, full intromission of the penis into the vagina. Other discussions of rape from this time do not propose any different.431 So it becomes evident here that the very definition of rape and even attempted rape in the medico-legal literature at the fin de siècle demanded the penis. It appears the possession of a penis was an essential requirement for the commission of the crime, so essential in fact that most, if not all authors failed to acknowledge it explicitly. Penile rape, as Bourke has eloquently analysed, could be seen as a “highly unstable form of torture,”432 however. What is striking to the contemporary reader is that the required presence of the penis itself was not even subjected to discussion, for example to answer the question whether the use of other objects, like tools, weapons, or props to complete penetration could also be defined as rape. The penis, while

87 considered essential, remains partially subjugated as the only object which qualifies as defining the act of violent carnal knowledge as rape. The texts do not spell out this fact but it is evident they assume it as a universal pre-requisite, which genders the offence in the profoundest way possible. Completed rape was the most severe version of the crime, as the use of the penis to attack and invade could indeed aggravate the offence. Implying that rape without the use of the penis is impossible again denies that women can be active pursuers of — albeit undesirable — acts and by exclusion frames them almost exclusively as receptors, rather than agents. This framing, however, seems very much in line with some feminist histories of rape. Brownmiller’s text comes to mind.433 While contemporary texts have explored the role of the penis in the crime of rape in much detail, feminist accounts of rape rarely acknowledge the possibility that women could also be offenders.434 By its very definition, women were excluded as possible offenders of rape, even though the reverse scenario might be considered physically possible: while authors debated, and quite hotly so, at what age it would be possible for a young girl to be subjected to rape as per the definition of full penile intromission into the vagina, there would be no doubt about physical possibility in the case of an adult woman who forces a male child to complete vaginal coitus. Legal implications of this possibility were not considered or explored in these texts, however. Garraud and Bernard did not discuss it, although they acknowledged that offenders were not always male and victims were not always female. They informed their readers that between the years of 1874 and 1883 ninety-five women had been charged with indecent assault on children below the age of fifteen years,435 and to prove their point, mentioned that in August 1883 during the Rhône court proceedings a woman had been sentenced to four years imprisonment for the indecent assault of an eleven year old boy.436 The only passage I was able to find which mentions “that the expression of rape is not used in the law when speaking of women”437 came rather late in the procession of texts on the subject, in the 1906 text by Lacassagne, where he made this observation rather bluntly in connection to crimes of pederasty and without elaborating on the subject. While the definition of rape from this time is profoundly gendered through its very conceptualisation, the category of indecent assault seems much less absolute. I argue, however, that while its definition does not offer distinctive gendering per se, the way in which professionals attempted to make sense of this kind of crime frequently did. For example, in this first edition of the journal which featured Garraud and Bernard’s text, Lacassagne contributed an article called “Attentats à la pudeur sur les petites filles.”438 In accordance with the Code pénal, this category of crime addressed indecent assault. As the title suggests, he focused

88 exclusively on indecent assault of young girls which he said were predominantly committed by adult men. Other writers like Thoinot corroborated this statement.439 Similarly, in his doctoral thesis Lacassagne’s student Bernard focused exclusively on indecent assault on girls.440 By only focusing on girls as victims and adult men as offenders, these authors failed to acknowledge Tardieu’s earlier assurances that women can and do offend sexually against children. Likewise, these texts did not mention that boys could also be sexually assaulted, again something that Tardieu discussed at some length. They might well have attended to what they saw to be the most frequent crime amongst those who were grouped as “attentats à la pudeur,” asserting that “more than two-thirds of […] attacks on morals can be linked to indecent assault on little girls.”441 These texts, deliberately focusing on the crimes which were regarded to be most prevalent, already support the reading of sexual assaults on children as a gendered crime, as they exclusively cast the role of offender with men and that of the victim with female children. All other possible offender-victim scenarios were suppressed as a result of this narrow view. Moreover, by suggesting perineal coitus as a fourth category, the consequence of its acceptance would have been another classification which could not have been applied to women. This particular way of researching the sexual assault of children has experienced ongoing representation since. In a recent article I published in Australian Feminist Studies, I explored how strongly this view holds sway in contemporary research on sexual abuse, where frequently authors do not bother to discuss sex as a variable for offender and victim characteristics, implicitly presenting it as static.442 Having established that rape could be defined through full intromission only, the degree of intromission became the object of much scrutiny as authors were struggling to determine a clear boundary between the crimes of rape, attempted rape and indecent assault. While full penile intromission was the only act which qualified for the charge of rape, partial intromission, on the other hand, resulted in a charge of attempted rape or indecent assault. Rape, they conceded, could only happen with the use of violence, whereas indecent assault could be committed with or without the use of violence, so that any circumstance which indicated “a kind of acquiescence on the victim’s part” would necessarily turn the description of rape or attempted rape into an indecent assault.443 This, Garraud and Bernard said, applied to cases where the victim was above the age of consent.444 While Tardieu had provided many case examples of rape on very young children,445 most medico-legal professionals concluded now that indecent assault on children was much more frequent than rape, due to physical constraints. Authors made varying statements about age margins in that regard. Toulmouche asserted that full intromission of a man’s penis into the

89 vagina of girls under the age of two to three years was impossible, while Tardieu made a similar statement in regards to girls younger than six years.446 Along those lines, Lacassagne declared that an adult’s penis could not fit into the vagina of girls younger than ten or twelve years,447 a statement which was corroborated by most of his contemporaries. Garraud and Bernard agreed with Lacassagne about the age of ten to twelve years, while Thoinot in 1898 lowered the age margin again by stating that full intromission was “close to impossible for children under the age of six years;”448 Brouardel affirmed this age bracket.449 While most professionals doubted the possibility of completed rape on children below a certain age, the possibility of attempted rape and even more so, indecent assault, seemed much more likely. In his thesis, Bernard confirmed Maschka’s earlier assessment that “indecent assault is very common among children and that the hymen is rarely torn.”450 Moreover, he stressed that “in the absence of positive signs of an attack the expert must be careful not to conclude that there was no attack, because the crime may leave no trace.”451 With the acknowledgement that completed rape on very young children appeared impossible, medico-legal practitioners contemplated alternative ways in which children could be assaulted. It was along those lines Lacassagne proposed perineal coitus, where the offender had rubbed his penis between the girl’s thighs, most frequently from the back, and in rare cases, from the front.452 Rather in contrast to Tardieu, who had explored and described the myriad variations which he had encountered from one case to another, Lacassagne presented the sequencing of crimes of this kind as a common occurrence which happened in a very similar, if not the same way most times. He was convinced most offenders used perineal coitus to achieve sexual gratification: In regards to attacks on little girls, criminal acts are not as varied as the unbridled deviations of the imagination. On the contrary, there exists a uniformity, an extraordinary constancy in the mode of accomplishment of a crime that is more and more frequent. We conclude by asking the lawyers and the magistrates if our criminal legislation is properly aligned with the facts established by medico-judicial practice.453

Since this external way of achieving friction and stimulation of the penis was much harder to prove, he stated the following: The difficult and delicate point that I want to clarify and highlight is that this series of acts of which I have just spoken rarely leaves traces and consequently those durable marks which, in ordinary language, mean traces of violence.454

Lacassagne expected not to find any traces if a girl had been the victim of an attack on modesty, because it made sense to him that intromission was often impossible. Like Bernard, he stressed “that indecent assault, while frequently repeated, may leave absolutely no trace.”455 He did

90 recommend medico-legal experts search for residue of semen on the girls’ clothing and if the offence was said to have occurred only a short time ago, vulvitis and redness between the thighs.456 Medical examination of the victims would, more often than not, bring about inconclusive or no evidence. To Lacassagne and Bernard, this did not mean that an attentat à la pudeur could be ruled out, very much following Tardieu with this conclusion. In later texts, some medico-legal authors no longer endorsed this line of argument and instead advocated a ruling in favour of the alleged offender. I will discuss their rationales in more detail in the next chapter.

What of Violence? Diversifying the Definition Another struggle with definitions and categories becomes evident in these writers’ discussions of the use of violence, especially when offenders had used physical force to commit an attentat aux moeurs. With the greater diversification of definitions of moral crimes many authors acknowledged the consideration of the presence of violence as an aggravating circumstance had also become more complicated. Thinking about the separate categories of offences against the person and moral offences, how could the two be integrated into a coherent legal narrative? Working towards greater diversification and contemplating contingencies which had not been captured, authors acknowledged that in cases where offenders had used physical violence against the victim to complete a moral crime it became necessary to contemplate both moral and physical implications of the crime, in terms of the impact it could have on the victim. Many struggled with developing workable solutions for these variations. As for rape, there was consensus the commission of a rape, by its definition, always included the use of violence. Bourke discusses at some length the metaphorical representation of the penis as a weapon in texts discussing rape.457 It is clear that nineteenth century medico-legal professionals took this view, as the legal definitions show. Beyond this agreement, however, medico-legal authors expressed uncertainty as to how the term violence ought to be captured in behavioural descriptions. Some argued that the use of “force [la force]” which captures semantics both of physical and moral dimensions, ought to be included in a definition of violence. Lacassagne offered the following contemplation: For children as for adults there is use of violence, that is to say, use of force. The child does not resist, does not always struggle, because she1 is passive and unconscious. But an active and persistent involvement by the offender or perpetrator is necessary to put the victim in the most appropriate position, and to maintain it in this way and almost

1 I have taken the liberty of translating this pronoun for “l’enfant”, which is gender neutral in the French with the female pronoun, as Lacassagne and Bernard were both discussing female children.

always to make the child execute the movements which determine these repeated, necessary frictions to bring about ejaculation.458

Force is necessary, said Lacassagne, to engage a child in an indecent act. He acknowledged with this statement that the consideration of whether or not violence had been used to achieve compliance from the victim had become much more complicated than simply searching for signs of physical violence. Given that many agreed rape on very young children was physically difficult, authors contemplated whether other signs on the body could help indicate that an indecent attack had taken place, and that there had been use of violence. In his thesis, Bernard explored in some detail the occurrence of redness on children’s genitals, caused by friction and rubbing, and considered this could be indeed a sign that the perpetrator had used excessive force with resulting painful redness and swelling.459 He asked: If the doctor can confirm that the redness observed is the result of touching or rubbing with the penis, will the judge not be allowed to consider the act incriminated as a "molestation" of consummation and violence?460

Furthermore, said Bernard, injuries on young children’s genitalia caused by sharp fingernails during digital penetration were quite common, reinforcing earlier statements by Toulmouche, Tardieu, and Lacassagne.461 Expressions of violence other than in the physical domain appeared even less straight forward. Along those lines, Garraud and Bernard deliberated the following: But what constitutes violence? If it is the use of force to overcome the resistance opposed by the victim, no difficulty arises. All codes have anticipated and characterized physical violence. But is it the same with moral violence? The French law does not mention it, and it is established by jurisprudence that that is not sufficient to constitute the offense.462

Garraud and Bernard discussed “moral violence” as opposed to physical violence, perhaps inching towards a discussion of emotional state, where they included in their text words like “embarrassment,” “outrage,” and “insult.”463 Asking whether legislation ought to consider moral violence as criminal signals a shift in thinking. While Garraud and Bernard were discussing the usefulness of better defined boundaries in relation to categories of moral violence, again in their argument they considered mostly the physical domain, while any contemplation of damage to the psyche as a result of such an experience did not yet transpire. What seems different here to Tardieu and even Lacassagne’s texts, though, is that Garraud and Bernard did ask some more detailed questions about the moral impact of the use of violence, as its presence to them meant thresholds had been crossed from one category of “offences

92 against morals” to that of “offences against the person.”

The Reading of Statistics: An Attempt at Demographics While Garraud and Bernard did not yet have at their disposal discussions of the psyche, their text did attempt to summarise the most important statistical findings they had compiled through their study of other sources, and highlighted a sense amongst French criminal anthropologists of the purposeful use of statistics, which to them was a culmination of “meticulous methods” of modern science that could provide vital information not previously considered.464 Having established that the rate at which indecent assaults and rapes were on the rise, Garraud and Bernard offered “physical, chemical, biological and sociological modifiers” as possible reasons why the numbers of indecent assaults and rapes on children had increased steadily since 1825, according to their statistics, almost twelve-fold.465 They listed factors such as a warmer climate,466 longer days in the summer months,467 increased alcohol consumption in certain areas of France, particularly in years following good harvest, which resulted in better affordability of food,468 as they made a claim that both adequate nutrition and more frequent intoxication with alcohol contributed to a higher frequency of these kinds of crimes. This commentary underscored professionals’ aforementioned anxieties about alcoholism in particular as a sign of degeneration. Other findings they presented as noteworthy from the material they had reviewed for their study were that four out of five cases of indecent assault were committed against children under the age of thirteen years,469 that infants as young as eight months old could become victim to these “heinous acts,”470 and that children in urban settings are more often victims of these crimes than in the country side.471 Another pertinent narrative they discussed is that of the old man who sexually assaults a young child. They commented that the age of the victims seemed inverse to the age of the offender: the older the offender, the younger the child. However, it seems that again this assumption could have been generated as the result of a rather linear reading of statistics in both categories, without consideration of other variables. The narrative of the lustful old man who targets a young child472 is older than the available statistics on the matter and was repeated readily in the available literature. They quoted from both Tardieu and Lacassagne, who made similar statements, as did Brouardel.473 This narrative was well suited to emphasise apparent signs of degeneration in the population as it apparently demonstrated signs of deviance in old men which had increased in frequency. In both Tardieu’s and Lacassagne’s work, these observations were based more on personal experience examining cases of indecent assault and rape on

93 children than statistics.474 Garraud and Bernard provided tables that were meant to strengthen the point they were trying to make about this. However, the numbers appear to confirm simply that young children can become victims of indecent assault, and that fairly old people were capable of committing moral crimes against children.475 Garraud and Bernard were aware the evidence remained wanting, as they admitted that the tables they had drawn up were “not very convincing.”476 Perhaps one of the more noteworthy findings Garraud and Bernard had drawn from the reading of statistical information was “that the number of individuals who have received higher education and were charged with indecent assault on children was significant and that educated offenders were more likely to attack children than adults.” Reading this statement against the many references to working class quarters as the settings in which children were victimised, it seemed then that social class might not be a distinguishing factor in relation to offender characteristics. This, they said, could explain why assaults on children were more frequent in larger cities, rather than the countryside, as the former were “enlightened and educated communities.”477 In terms of level of education or professional background, they included a rather detailed summary of offender demographics according to varying professions; for example, they claimed to have found that farmers, tailors, and wig-makers were more likely to offend than bakers, butchers or millers.478 This discussion spans five pages in their article. Having said this, however, they failed to provide more detail in relation to rates of offence for their own professions, not listing academic career choices as target groups of their study at all. Doctors, lawyers, and politicians do not feature, and neither do the clergy. This presents as a contrast to their comment that educated members of society did commit these kinds of crimes, and frequently did so against children. Interestingly, Garraud and Bernard observed that there was a significant number of incest cases: The influence of the family is not felt in a noticeable way and it would seem on the contrary that children at home are rather a stimulus to wrongdoing. In the observations we have had before us, we have been struck by the fact that there are so many cases of incest. In working-class housing, where hygiene and morality seem to have been completely excluded, frequently the same room and the same bed serve the whole family. From this, these ignoble ideas, this unnatural closeness arise. Marriage itself does not seem to put a damper on this passion and, as Dr. Bournet says, "a need is constantly over-excited by its own satisfaction.479

This statement seems contradictory to their comment about enlightened and educated communities, as incest occurred also more frequently in the city.480 It might just be more of a sign that Garraud and Bernard followed a particular way of classing these conversations, where

94 working class families were subjected to a different kind of scrutiny from bourgeois families.481 Similarly, Lacassagne described what he considered a typical scenario to illustrate the frequency with which girls could become the victim of a sexual assault and situated the location of such attacks in the crowded working quarters of bigger cities, where families resided close to each other in large shared accommodation. He declared that in those quarters, “moral hygiene is as defective as physical hygiene,”482 pointing to social milieu as the enabler of such crimes.483 He asserted that frequent and repeated sexual assaults on little girls by their (male) neighbours, who had offered to mind them while their mothers tended to work or household commitments, could go for months before the parents noticed. In contrast to Garraud and Bernard, however, Lacassagne used an extra-familial scenario to illustrate how these attacks eventuated, leaving the family untainted. While the working class family featured often, the bourgeois family also received some attention where writers included the possibility of these attacks within the bourgeois domestic space. For example, Garraud and Bernard did comment on indecent assault of children within bourgeois households, as did Tardieu.484 What is different here, though, is that they specifically mentioned servants as offenders, rather than family members: As for servants attributed to children, they do not commit many crimes of this sort, because while the opportunity can present itself, thanks to their profession, the surveillance they are subjected to will not allow them to take advantage of it. And then, let's add that all too often parents prefer not to say anything.485

With this comment, Garraud and Bernard pointed to another layer of tension between access and opportunity to commit moral crimes on the one hand and distrust and applied surveillance by those in charge on the other. Within the typically bourgeois family structure, domestic servants were awarded responsibilities across public and private spheres. Transgressions by those who were attached to the household but not family members could become both possible and visible to a certain extent. This adds another relational layer to the bourgeois family which was not present in the same way for working class families, who could not afford to employ household staff and whose dwellings presented with another interpretation of relationships and surveillance which in the sources often focused on proximity and inability to closely supervise people’s movements in the space. When describing the bourgeois family, on the other hand, domestic servants often featured in these narratives as those who had contaminated the space with their actions and flaws in their personalities.486 In these narratives, the servant’s character often appears untrustworthy, unrefined, and coarse, which contributed to seeking sexual gratification when the opportunity arose and was often followed by a statement about the

95 necessity for close surveillance. Garraud and Bernard’s comment that parents preferred to remain silent about matters of indecent assault committed against their children in their own home indicates that these incidents might have triggered a profound sense of embarrassment and shame and were regarded as a delicate affair which either needed to be resolved in private or met with silence. The above textual examples further Tardieu’s work, mostly in the affirmative of his major assumptions about how les attentats aux moeurs presented, with modifications, refinements and expansions. I will now turn my attention to texts which, while acknowledging the work by Tardieu as pivotal, departed from some of his fundamental assumptions, so much so that they changed case interpretations and helped to solidify assumptions about offender characteristics and the credibility of those who had disclosed they had been sexually assaulted. Garraud and Bernard did not comment on the credibility of children in relation to their allegations that they had experienced a sexual assault or a rape, nor did they consider examinations of the offenders in much detail. These two areas of exploration are the subject of texts by medico-legal practitioners like Brouardel, Alfred Fournier and Thoinot. I will discuss some of their texts in the next chapter.

Chapter Four “Un Excellent et Parfait Honnête Homme”2: Protecting Men from Precocious Children and Hysterical Women

So far, I have explored how the notion of children in need of protection developed in nineteenth century France and how authors worked to identify, categorise and legislate harmful practices against children, including sexual assault by women. This chapter sets out to pay close attention to texts which expressed doubts about the truthfulness of allegations of sexual assault, at times suspecting ulterior motives. Many authors now emphasised that false allegations were not only possible, but occurred frequently. This is coupled with significant shifts in viewpoints regarding the reliability of medical signs such as the presence of vulvitis and venereal disease. Again, the backdrop for these discussions during the last two decades of the nineteenth and first decade of the twentieth centuries is France, where authors expressed strong views about the reliability of children and women’s testimonies of child sexual abuse which I argue foreshadowed future interpretations of such narratives in the twentieth and twenty-first centuries. This analysis therefore invites contrasting interpretations of such crime narratives and sets apart their authors’ points of view from those I explored earlier. Chapter two investigated some of the more general trends in medico-legal discourse at the end of the nineteenth century in France in relation to parental rights, physical abuse of children and moral crimes, and how these fitted with considerations of degenerative trends and regulatory efforts surrounding the family. I outlined how Ambroise Tardieu’s work served as the catalyst for a rather large body of work which drew on his observations and findings to embed the idea that physical abuse of children did not just emerge sporadically as isolated cases but constituted sets of undesirable behaviours by parents which were displayed rather commonly. This shift cemented the idea that child abuse amongst parents and guardians occurred frequently, and coincided with political activities that aimed to restructure parental rights and obligations so as to align them with the state’s interests, contributing to what Edward Shorter termed “the making of the modern family.”487 Significant legal reforms and the refinement of legislative texts throughout the second half of the nineteenth century showed the attention and effort professionals invested

2 Alfred Fournier, Simulation D’attentats Vénériens Sur De Jeunes Enfants Du Sexe Féminin: Lecture Faite À L’académie De Médicine Dans La Séance Du 26 Octobre 1880 (Paris: Librairie de l’Académie de Médicine, 1880), 19.

97 into ensuring that these shifts were adequately reflected in the legislation to achieve greater consistency for court processes. Professionals during the nineteenth century theorised that child abuse could be both dangerous neglect and dangerous contact, which is evident in the uncertainty reflected in their attempts to provide workable legal definitions for it.488 While tracing developments which put in place the idea that the state should play an active role in the protection of children, I examined shifts in the language which emerged in medico-legal texts. Along those lines, Schafer explores how the use of the term “abuse” as both exposure to vice and lack of protection by those responsible for the child emerged increasingly in political debates during the 1870s.489 Chapter three engaged in a detailed discussion about professional debates which resulted in changes to those articles in the legislation that regulated moral crimes, including sexual attacks on children, and explored the refinements in legal definitions for such crimes as deeply, albeit not always explicitly, gendered. In particular, these definitions specified that women, though at times capable of an indecent assault, could not be charged for the crimes of rape and attempted rape as that required penile intromission, thus helping from the outset to render women partially invisible as possible offenders in sexual attacks on children. In doing that work, I investigated some of the texts which accepted alongside Tardieu that children’s disclosures were by and large believable and that the absence of physical traces of a sexual attack on a child did not necessarily mean that an allegation of an offence could be dismissed as false. This chapter, in contrast, discusses texts which offer a different interpretation of such signs, or rather, the absence of signs. While none of them disputed that children could become victims of moral crimes and that these crimes did occur with regularity, the writers whose work I am examining in this chapter tended to be much more circumspect in relation to the idea that when no physical traces were apparent on a child’s body, one could still consider in the court space that there was evidence a crime had occurred and been cleverly covered up. Doubt about the truthfulness in regard to such rationales mounted, and that first becomes apparent in texts from the early 1880s, after Tardieu’s death in 1879. Over time, the rationales and arguments these writers put forward to shape this view may well have contributed significantly to the formation of a dominant narrative, for I argue that our current understanding of child sexual abuse has been shaped by this discourse. Its importance I see in particular around two areas of frequent discussion when people work in the set of fields commonly called “the helping professions” today. These two areas are how professionals explore the credibility of children’s testimonials and the purposeful search to understand alleged perpetrators’ motivations to abuse children. Throughout the second half of the nineteenth century, the discussions which took place

98 between varying specialist professionals within medicine like psychiatrists and medico-legal doctors show something of a general consensus that sexual assaults, attempted rape and rape committed on children fitted with the current understanding of deviance. The framing of such moral crimes became quite contentious, however, as belonging either to the category of madness or that of criminality. It seems worth noting here that Nye describes crime as “the second of the major varieties of deviance, after insanity”490 which professionals actively medicalised and via the route of biological determinism turned into a social pathology. Having spent much time on the discussion of moral crimes on children within medico-legal texts, I will trace towards the end of this chapter some aspects of the discourse that conceptualised sexual deviance as a form of madness. The article “Inversion du sens génital et autres perversions sexuelles” (1882), which I have already discussed in chapter one, again comes to mind as an early example of this shift in thinking. Its authors, Charcot and Magnan, were both prolific representatives of psychiatry. It presents as an antecedent to patterns of thinking so integral to the writings of authors like Krafft-Ebing, Moll, Freud, and Bloch, which are to be discussed in the following chapter. Moreover, through diversification and development of specialist expertise on the one hand and an eclecticism towards other disciplines, medicine as a profession experienced a rather steep increase in recognition and status throughout the nineteenth century, and medical expertise gradually established itself as a commodity in high demand.491 France at this time was perhaps the country within Europe where medical practitioners exerted the strongest authority regarding state affairs.492 The eclecticism I discussed in chapter four within the development of criminology throughout the second half of the nineteenth century as a profession in its own right likely represented broader and more longstanding trends within medicine which saw many medically trained practitioners branch out to other domains and claim expertise in professions they had not traditionally inhabited. For example, Jack D. Ellis describes in his book The physician-Legislators of France (1990) how medical practitioners increasingly opted to become involved in both local and federal politics. From 1871 to 1914, 358 physicians won elections as deputies or senators.493 The resulting control of local and state politics, Ellis says, outweighed their proportionate numbers in society. In adding eminence to quantity, besides Emile Combes and Georges Clemenceau who were both qualified doctors and prime ministers of France as representatvies of the republican left,494 Théophile Roussel is perhaps one of the more prominent examples of this trend. While he trained as a doctor and spent his internship at the Salpêtrière in Paris in 1840, Roussel ventured into journalism, history, ethnology and politics. Actively engaged in philanthropy, Roussel was politically engaged as a Senator who,

99 like Combes and Clemenceau, represented the republican left, and was a major driver for passing the first child protection laws in 1874495 and 1889.496 Just how committed medical practitioners had become to proclaiming their profession’s significance and valuable contributions to society is apparent in the following quotation taken from an article a provincial doctor had written in Le Concours medical, which was published on 21 August 1897: The medicine of today is the cross roads of all the sciences: through hygiene, it touches on politics; through the latest physiological research, it borders on philosophy; through the compassion it exhibits in regard to all human miseries, it becomes a religion.497

The attention physicians paid to hygiene in both private and public spaces becomes apparent here, as does the interest in evolutionary theories and natural sciences which on many levels actively competed with religion,498 and philanthropy. While many of his colleagues embarked on other careers, Tardieu’s successor as doyen [dean, leading professional] of French legal medicine at the Faculty of Medicine, pathologist Paul Brouardel (1837-1906) was not one of them, although it might seem that the developing social status of the medical profession contributed to Brouardel’s authority on both national and international levels. Despite his political activism within the republican left where he sought to leverage his extensive knowledge and positional power to increase awareness regarding public hygiene and aimed to establish the importance of medicine in pertinent areas of politics, he remained a medical professional first and foremost. Throughout his career, Brouardel articulated that the purpose of his work was to increase the quality of public hygiene and develop prophylactic measures to maintain a better standard of population health in France.499 Whilst taking an interest in many different areas of medical research, Brouardel urged his colleagues to provide advice only in relation to their roles within medicine and leave law and politics to others.500 Probably the most prolific medico-legal expert of his time in France,501 Brouardel held many important positions in Parisian medical institutions, including the University of Paris and both the Academy of Medicine and the Academy of Science. He had worked as Tardieu’s assistant in 1876-77.502 Within the profession he was known to be a “well rounded expert;”503 as a committed medical practitioner, however, Brouardel stressed that he provided recommendations to the judiciary and the legislative only in that role.504 Across the Channel he was well regarded amongst his English colleagues for his contributions in both legal medicine and hygiene. An avid writer, besides his works on les attentats aux moeurs, he published an impressive collection of texts including volumes on sudden death, asphyxiation, strangulation, suffocation, hanging, poisoning, pregnancy, abortion, work accidents,

100 explosives and explosions, charlatanism, the responsibility of medical practice, various kinds of intoxication, and infanticide.505 He attributed many social ills to the negative impact of alcoholism including, for example, an increase in cases of tuberculosis.506 At the height of his career Brouardel regularly represented the French government during international medical events. He died as a result of an illness which according to an obituary published in the international, interdisciplinary journal of science Nature on 23 August 1906, he had “ascribed […] to the insanitary conditions under which this work was carried out,”507 essentially blaming bacteria for his untimely death. Perhaps highlighting the strong focus on social pathology in the conceptualisation of deviant behaviours, Harris points out that the management of crime at the time was often likened to efforts in public hygiene. Authors deployed rhetoric about crime and its prevention which resembled discourses in bacteriology by juxtaposing filth and cleanliness. These authors aimed to show the nation a way out of its state of misery by suggesting that impacts of social contamination could be cleaned up by applying strategies first used to bring about improved public hygiene and ultimately result in a reduction in crime rates. In their research on both bacteriology and criminology, writers likened both preventive measures and rehabilitation work in criminology to hygienic efforts in public health.508 Importantly, Brouardel continued to use the metaphor of preventable disease in relation to crime and vice, stressing that the increased focus on social management of disease had shifted from curative priority to prophylaxis: the prevention of illnesses recognised as avoidable.509 Besides this shift towards prevention, hygienists were successfully able to construct their raison d’être as experts in other professions like law and politics by summoning up the microbe. Pointing out that microbes were everywhere, they argued that medical practitioners were best placed to take the lead in eliminating social contamination. This included their claim to expertise in the court room in relation to allegations of sexual attacks on children. In terms of the spread of crime, they said, it was necessary to prevent “criminal diseases” by intervening successfully, for which medical expertise was essential. With meticulous attention to detail and an objective to continually improve medical contributions, Brouardel stressed that exactness in method and a neutral writing style free of condemnations and moralising statements were pivotal to ensuring medical examinations provided as much accurate information to the court as possible.510 Thoinot, a professor of legal medicine in Paris, described Brouardel’s tone in his lectures as “admirably simple, with charming common sense.”511 Brouardel emphasised that both sound theoretical knowledge which could be derived through continual research activity and practical demonstrations were

101 important to developing highly skilled practitioners who were able to balance rigorous and comprehensive assessments with a reasonable understanding of the limitations of their profession. Brouardel did at times express dismay about the lack of training and skill he observed and ascribed incorrect findings in medico-legal assessments to it.512 He initiated, therefore, more training opportunities for emerging professionals to develop their skills. Doctoral candidate Antonin Delcasse, whom Brouardel supervised, related in the introduction of his thesis that he frequently attended practical instructions Brouardel regularly conducted at the Paris Morgue where a new Toxicological Laboratory was established shortly after he had stepped into the role as dean.513 Freud was also a regular attendee at these events.514 These demonstrations included autopsies on children who had died as a result of maltreatment and cruel acts.515 As for allegations of rape, attempted rape, and sexual assault, Brouardel was among those medico-legal practitioners whose work on the topic of moral crimes against children provided two major insights that Tardieu, besides a few isolated case studies,516 had not focused on: the question of credibility of children’s disclosures of an attack and the defence of alleged offenders. Indeed, Brouardel remarked that “the discussion of attacks on morals is one of those which has evolved most in recent years,”517 perhaps in response to the sharp increase in charges for moral crimes committed on children throughout the nineteenth century, which I explored in detail in chapter three. He was by no means the only medico-legal expert who expressed doubts about children’s testimonies and in the absence of conclusive evidence remained cautious about deducing that an alleged sexual offence had occurred, instead providing findings which often supported the alleged offenders.518 The following sections will explore these two points in some detail.

Indecent Attacks on Children Throughout his career, Brouardel participated in over 1500 forensic examinations in relation to rape, attempted rape and indecent assault, and most of those had been alleged attacks on girls aged between five and fifteen years. This was, he said because they were often “unable to resist” due to their “weak physical strength.”519 With the sheer quantity of cases Brouardel was involved in, he offered the insight that “attacks on morals are crimes in the home, and this explains the relative frequency of parents among the accused.”520 In particular, he said, these crimes happened in those areas where industrial workers and their families lived, because of the close proximity of these quarters and the ubiquitous promiscuity there.521 Most medico-

102 legal doctors whose texts I have studied seemed to propose this view.522 Late in his career, Brouardel wrote a book with the now familiar title Les Attentats aux moeurs, which was published posthumously in 1909. The material he used for that study stemmed largely from his work at the Paris Morgue during the 1880s. Like Tardieu, he acknowledged that women could and did sexually abuse children although he said that “sexual perversions are much rarer in women (than men).”523 Since Tardieu had written about ten cases of women assaulting children in 1867, observations had “multiplied,”524 said Brouardel. Furthermore, he quoted statistics from Thoinot’s 1898 text who informed his readership that every year between four to eighteen women were accused of an attentat à la pudeur against a child, most often “a young boy [un petit garçon].”525 Thoinot stressed that “incidents of this kind of crime are much more common than you would think a priori,”526 a position Pierre André Lop had explicitly taken three years earlier by publishing the only article particularly dedicated to women who had indecently assaulted boys.527 Curiously, Lop and Thoinot seemed to anticipate that their audience would question whether these crimes could be committed by women with any regularity at all by stating that it happened more often than one would think. Similarly, Henri Legludic stated that “women are also guilty of indecent assault,”528 citing four cases where women had assaulted little boys.529 Overall, Thoinot asserted however, that indecent assaults on little boys were rare and that most crimes of this kind were committed against little girls,530 assuming at this point that the offenders were male without actually saying so explicitly, and that men overall were more likely to offend against girls.531 Thoinot considered that most crimes committed by women against young boys were the responsibility of servants,532 while Brouardel advised that women who sexually assaulted young boys were mostly parents, governesses or servants,533 who had at times misused their position of authority to get the little boys to comply,534 again highlighting both a position of power and close proximity to children within the home, which provided access to the child, the opportunity to commit the offence, and the guise of secrecy. He cited both a case where a mother had sexually assaulted her own son and a case from Germany where a governess had transmitted gonorrhoea to one of her pupils.535 Brouardel agreed with Thoinot that women who committed these kinds of crimes on children “are, for certain, nymphomaniacs.”536 As this quote shows, expressions describing forms of deviance start to appear in these later texts which I take as confirmation that pathologisation of sexual deviance as a sign of madness was now commencing. In contrast, I have described in chapter two how Tardieu had during the 1860s refrained from such commentary and indeed attempted to distance himself from diagnoses of madness in relation to sexual deviance.

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Perhaps reflecting that women were by legal definition unable to commit the crimes of rape and attempted rape, Brouardel declared that amongst women who had been found to have indecently assaulted a child “the most common acts are masturbation and penis sucking,”537 and that the latter method in particular “would be used in some countries (Brittany, Bavaria, etc.) by nannies in order to put the children to sleep.”538 Despite his continual advocacy that alleged offenders needed to be subjected to a rather comprehensive medical examination which I will discuss in more detail below, in cases where women had been accused of an indecent assault, however, Brouardel asserted that he did not see the value of doing so as he claimed that “direct examination does not give us any information worthy of being retained, whatever Tardieu may have said”539 and that the only exception to this general rule would be, “of course, for cases where venereal disease has been transmitted.”540

Children’s Testimonies and the Question of Truthfulness While he did not dispute that children could become victims of les attentats aux moeurs, Brouardel asserted that a large proportion of allegations of such crimes were unfounded. Brouardel wrote a text titled Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur [Sources of error in expertise relating to attacks on modesty] (1883). In this document, he provided readers with detailed descriptions of various vaginal conditions in young girls and their possible falsely attributed aetiologies. Brouardel’s objective in this text was to provide alternative explanations in cases where children’s genitalia presented with signs that pointed to a sexual assault. Instead generating a number of hypotheses in relation to how children could show signs of vulvitis and acute infection, have acquired an infection with a venereal disease or present with a hymen that looked as if it had been ruptured, his considerations helped to challenge the assumption that children and their mothers’ testimonies about sexual assaults were generally believable. It seems that Brouardel placed responsibility for false allegations that an attentat à la pudeur had occurred on the child and her mother, who, after discovering swelling or vaginal discharge, questioned the child until the child made a statement accusing an adult male in close proximity of a rape, attempted rape or indecent assault. As a result, Brouardel stated, many innocent men had been punished severely.541 This is different to texts by Lacassagne, Garraud and Bernard which during the 1880s had argued that many offenders used perineal coitus542 as a modus operandi to achieve sexual gratification, which almost certainly left no obvious trace of the crime and thus all that was available were the child’s testimony and at times, rather inconclusive signs.543 Overall, there

104 are some inconsistencies in Lacassagne’s work on this point. On the one hand, he strongly proposed that perineal coitus ought to become a separate legal offence, and that the absence of traceable signs of an assault did not mean it had not happened.544 On the other hand, he did affirm his belief that many children lied about having been assaulted.545 Tardieu, of course, would also say that if medicine could not confirm the crime of indecent assault, it often meant that it still likely happened, whereas Brouardel seemed more inclined to ascribe lack of medical evidence to false allegations. To illustrate Brouardel’s pronounced scepticism further, he also made some differential claims about medical conclusion in relation to the presence of redness, inflammation of the genitals or venereal disease in little girls. For example, while Lacassagne had written in his earlier texts that cases of redness of the vulva (vulvitis) could often be symptomatic of an indecent assault or attempted rape,546 Brouardel was of the opinion that vulvitis, whilst at times indicating a sexually transmitted infection like gonorrhoea or syphilis or the result of friction from an indecent assault, attempted rape or rape, could arise spontaneously, in particular amongst young girls.547 Fournier,548 Thoinot,549 and later Lacassagne himself550 displayed similar sentiments. It is noteworthy here that particularly in his later work Lacassagne made some statements about this point which contradicted some of his earlier assertions and conformed more strongly with his colleagues’ view about spontaneous appearance of vulvitis in young children. He deferred to the advancements in bacteriology as reasons for this.551 Whilst medicine offers many possibilities for investigating conditions affecting the body which gives it authority, Brouardel agreed with Louis Penard who had emphasised earlier that unfortunately all too often medical examinations could not produce any certainty about whether or not the allegations of a crime were true: Particularly in cases of attacks on modesty [les attentats à la pudeur], he [a doctor] should exercise the greatest care (in drawing conclusions). […] Unfortunately such wise reservation is not exercised as often as it should be.552

So Brouardel’s key point here was that doctors should be circumspect about allegations of a sexual attack because medical examinations could not support any decisive statement to the court. It was hard to be certain, and the courts were to take full account of all accessible information and consider a number of hypotheses in relation to the available evidence. This was pivotal to him, in particular given that sentences were severe in the case of a guilty verdict. For this very reason Brouardel maintained, like Tardieu,553 that medical professionals ought to claim expertise in their own role only and leave accusations and rulings to the courts. He argued that medico-legal doctors could be facing rather dangerous implications when presented with

105 the burden of ethical responsibility due to the potentially serious consequences for those standing accused of a moral crime. If respect for professional boundaries was not maintained, Brouardel warned, all too often medico-legal experts could be pressured or tempted to become public accusers while both the required evidence for such claims had not been obtained and they lacked the necessary legal or criminological training to declare someone as guilty before due process could take place.554 In terms of refining the medico-legal expert’s role then, Delcasse described how Brouardel considered it was his responsibility to provide medico-legal doctors with detailed information regarding potential causes of error in their examinations which, in its most extreme forms, could lead to a guilty verdict as a result of false allegations,555 and had urged his students repeatedly to exercise caution and “draw inspiration only from equity and justice.”556 Stressing that it is important for medical experts to contemplate all possibilities carefully and not to draw conclusions which the findings could not support in a forensic sense, was therefore much more important than providing the courts with a definitive answer to their many questions about whether or not the alleged offender was guilty.557 This was both a measure to ensure all professionals involved remained within their area of expertise and to protect medical practitioners from the repercussions of having made a recommendation that could be challenged easily because the available evidence could not support it.558 For the process of prosecution then, this meant that absolute certainty about the occurrence of the crime and the culpability of the criminal became central to the debate. Quoting his British colleague Astley Cooper, who stated he had witnessed this to be the case on numerous occasions, Brouardel implied that there was a danger that expert testimonies could be provided without using the utmost care, thus contributing to guilty verdicts when in fact the available evidence, if examined with the scrutiny required, did not bring about clarity. This occupied many contemporary medico-legal doctors’ attention much more than the welfare of the alleged victim following an experience of an attack. The victim’s welfare was perhaps not generally something they regarded as their responsibility. Brouardel suggested that upon discovery of her child’s infection with venereal disease, it was often the mother’s hysterical questioning of the child, insisting on molestation, which would prompt the child to confirm this molestation for fear of retribution and punishment by the mother. The child would eventually admit that which she thought her mother wanted to hear. To illustrate how it could happen that false allegations might be brought before the courts, Brouardel offered an exemplary case vignette between a mother and daughter, taken from Cooper: The concerned mother, upon discovering discharge from the vagina, asks the child,

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“Who took you on their knee recently?” The child responds, “No one mother, I assure you.” The mother tells the child: “Oh, do not tell such lies, I will whip you if you continue!”559 So, according to Brouardel’s account, the child would hold on to a lie for fear of retribution and punishment by the mother: And then the child is brought to confess that which never happened, to escape punishment. She said at last: “such and such a man took me on his lap.” The individual is questioned and strongly denies. But the child, believing the threats of her mother, persists in saying (he did); the man is led to justice; a doctor who does not know well the series of events of which I speak gives his testimony and the man is punished for a crime he did not commit.560

Brouardel, commenting on what he described as a commonly observed progression of events to explain how these accusations against innocent men could end up in the courtroom, iterated that most mothers would act out of concern for their child and make these accusations in good faith,561 and that these accusations could come about via a mix of maternal “ignorance”562 of infantile pathology and the “extreme suggestibility of the child.”563 Cooper, said Brouardel, came across about thirty cases in his career as a legal physician with a similar narrative, and said that many men had been hanged in the United Kingdom as a result of such an error.564 Further, by using the female personal pronoun “elle” [she] throughout this example, he emphasized that he thought to apply this case example mostly, if not exclusively, to girls. From his own case work, Brouardel described how he had suggested to a young girl “the name of a foreign diplomat as the author of the crime, and she repeated it without hesitation before the judge, who was, of course, informed,”565 thus discrediting the child’s disclosure that she had been assaulted because it could not have been this man. Another hypothesis which Brouardel might not have considered in his case example could be that the girl had indeed been the victim of a sexual assault, but could not remember the name of the man who had assaulted her. So she went along with the eminent doctor’s suggestion, perhaps thinking that he might know more than she did. This possibility, while reflecting an example of the felt impact experienced through the “medical gaze” as a “dramatic convergence of knowledge and power,”566 as Cryle has outlined, is much more in line with contemporary interpretations of children’s disclosures of sexual abuse.567 By portraying mother and child as hysterical and untrustworthy, Brouardel eliminated any reliability the mother had previously been awarded in relation to her attempts at protecting her child, and fits neatly the assumption that women lack credibility and authority when it comes to the protection of their children. In a sense then, Brouardel suggested with his dismissive assessment a plot line into the girl’s future which forebode “the destiny of a character.”568 As for the girls and women who disclosed

107 sexual assault, their common experience of being branded sexually precocious liars helped to anticipate a lifetime of marginalisation and misery. It is no wonder then that now and in the past many choose to remain silent about their experiences of sexual assault and rape. Brouardel noted that Cooper’s appeal for caution about children’s testimonies was not readily taken up by colleagues like Tardieu and Penard, despite its significance. Indeed, Tardieu did not discuss Cooper’s work on this point at all and by extension, did not include a detailed discussion about the reliability of children’s disclosures, as later texts have done. Some authors demonstrated this shift in focus within earlier and later pieces of work they had published. For example, Lacassagne, who during the 1880s had not commented in great detail on the reliability of children’s narratives, remarked in his 1906 text that contrary to the proverb that says the truth comes out of the mouths of children, we teach that it is often a lie or the cause for error.[…] It is because the child judges poorly and so their imagination makes them tell a lie. Moreover a child can be wicked, selfish and vain [méchant, égoïste et vaniteux]. Great importance should not be attached to the child's testimony, if it has not been checked.569

By now, several of his colleagues had commented on this aspect of medico-legal practice. Bernard even made a case that doctors should only ever examine little girls in the presence of a third person, in the event that during her “interrogation, because of the presence of her parents, she might disguise or omit essential details.”570 To illustrate just how much emphasis medico-legal authors at the time placed on the truthfulness of alleged victims’ testimonies, I quote the following case study by Brouardel, which shows the struggle to prove beyond reasonable doubt that a woman could have engaged in an indecent assault. Difficult as it was to deliver conclusive evidence in cases where men had been charged with rape, attempted rape or indecent assault against a child, for the medico- legal doctor it was exceptionally difficult to trace medical evidence of an assault by a woman. Generally, there were absolutely no traces which could be evidenced, informed Thoinot.571 The presence of sperm or an underage pregnancy,572 for example, could not be relied upon, nor could there be injuries to the genitalia of the alleged victim which did not have alternative possible causes. Even with the additional presence of such signs, a definite result of an examination was exceptionally difficult to obtain. These aspects of struggle when medico-legal doctors needed to provide results of an examination will be discussed in more detail below. In the case of the woman standing accused of indecent assault, Brouardel had provided an expert statement in court. The accused was a forty-eight year old mother who worked as a sweeper and her daughter, now eighteen years of age, had alleged that her mother had indecently assaulted her regularly.

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The girl claimed that every night her mother indulged in oral sex with her. Forensic examination revealed absolutely nothing, and I considered this in my report. Despite this, and despite the accused's denials, the jury pronounced a very severe sentence.573

The girl’s allegation stood against her mother’s denial. Brouardel very much aligned with the view that scientifically, it could not be verified that a crime had been committed and he therefore disagreed with the ruling where clearly a decision had been made which was based on other factors. Unfortunately, Brouardel did not offer more information in relation to how the verdict had been reached in terms of the court’s considerations, which is fairly typical of medical case narratives from this time, where often contextual detail about such processes is lacking. Ethically, Brouardel described how he disagreed with the court process in that the verdict was reached purely based on the girl’s disclosures and so he used his authority to intervene: But I succeeded in convincing President Grévy that nothing in this trial had been proven, and Grévy acquitted the unfortunate woman, after six months or eight months in detention. I think I did well, because there was not one prosecution witness, and all the charges were based on the allegations by the girl.574

Whilst he stated that this case study should illustrate just how difficult it is to prove a case of attentats à la pudeur when these crimes typically happen in the privacy of the domestic space while no one else other than the alleged victim and offender are present, and that if there is no convincing evidence the crime had occurred, there is no ground to record a conviction, a touch of justification seeped into the passage when Brouardel wrote “I think I did well…” This suggests he had at least questioned whether he had done. What if the girl had been truthful? Furthermore, on this occasion he did intervene and acted to overturn a verdict which had already been given, clearly not leaving the court’s ruling to others, because to him, such a verdict could not be reached on available evidence alone. In the next sentence of his case study, there is indication that Brouardel justified his actions with the sentiment so prominent in positivist scientific practice that if a hypothesis could not be proven with available evidence, it must be regarded as false, for he went on to assert the following: We shall see later how frequent these cases of falsely alleged attacks are and how skeptical one must be when considering these kinds of complaints which are not corroborated by objectively ascertainable facts.575 In contemporary child protection practice, the point Brouardel raised here continues to present challenges both in terms of practitioners’ understanding of children and young people’s disclosures, as well as role demarcation among professionals.576 Many pieces of research describe how in fact children tend to tell the truth about sexual abuse as there are very few valuable motives which would support telling lies about it. Consequences of telling are

109 overwhelmingly negative, like feelings of profound shame, family break up, financial implications and being blamed for the crisis within the family. Often, the systemic response that gets triggered through a disclosure exacerbates the crisis even further. Adults can lose their employment, for example, if their work role requires them to undergo safety checks to ascertain they can work safely with children, backlash within the local community can lead to threats of violence or property damage, and relocation to another area can be required as a result.577 Court proceedings are exceptionally difficult to navigate for vulnerable children who by default appear guilty until proven innocent, because reciprocally the alleged offender remains presumed innocent until proven guilty. Those who have been witnesses in court in relation to their disclosures of child sexual abuse describe it as a harrowing experience.578 For most children and young people, it is therefore exceptionally difficult to come forward with such a disclosure, and in fact, many do not tell anyone about it until they are adults. There are strong indications that many never tell anyone. Current literature on disclosures of child sexual abuse lists the biggest factors that prevent people from telling as being fear of not being believed, concerns for others who may still be living in the situation, and shame and embarrassment.579 As child protection professionals both in Queensland and further afield, it is therefore particularly important to take seriously children and young people’s disclosures of sexual abuse and communicate that despite the difficulties with telling about abuse, their child protection worker believes them. Unfortunately however, believing such a story comes with challenges for many workers also. Some find the information difficult to hear and intuitively look for a more benign explanation.580 Some have an experience of sexual abuse themselves and struggle with the emotional impact and vicarious trauma. At times, child protection professionals look to their colleagues from the police or legal services for guidance and mimic the role of a police officer or lawyer. Systemically, it is indeed the role of police to ascertain whether charges should be laid based on the available evidence, which needs to be strong as the objective is to provide the judiciary with a scenario where it is possible to prove a crime has occurred beyond reasonable doubt. Rayleigh Joy outlines in her thesis how difficult it is to navigate systemic challenges at the nexus of child protection and legal systems in Australia.581 In contrast to police and legal systems, child protection workers’ concern rests first and foremost with the safety and wellbeing of children and young people and child protection professionals are legally required to make decisions based on what is in their best interest.582 Child protection practice operates to ensure that the child’s family and living arrangements reflect this in the best way possible and so child protection assessments will at times substantiate harm where the available evidence is not strong enough for police to pursue the

110 matter. The wellbeing and safety of the child are paramount both in the short and long term, which is not something medico-legal texts from nineteenth century France considered at all. As was usual at the time, there is no further information in Brouardel’s case vignette in relation to what happened to the girl and her mother later on. At times, medico-legal authors suspected ulterior motives behind allegations of a moral crime against a child. In addition to false allegations which medico-legal doctors conceded had likely been made in good faith, I will therefore discuss case narratives of purposeful simulation of an attack against a child in the next section.

“Malicious Allegations and Defamations by Children and Hysterical Women”3: Men as Victims in the Narrative of Simulation In addition to cases where false allegations were pursued by adults, often mothers, who believed that the attack had truly happened, there are a number of texts from this time that have included case descriptions of deliberate simulation of an attack, which essentially claimed that someone who pursued a narrative of victimhood was lying about it. Thoinot asserted on this point in his 1898 text that of all cases of allegations about an indecent assault on a child in France, sixty to eighty per cent fell into this category and that this corroborated observations he made in his own practice.583 In his later work, Lacassagne agreed that such cases were often “simulated” and that absence of traces indicating violence should inspire “doubt” in the examining professional.584 Similarly, Bernard declared that these cases were frequent,585 almost always in relation to girls who might have presented with signs of venereal disease, and warned that some girls tended to be vicious and blatantly tell lies to their parents about an attack.586 In terms of discussing why these girls might have done so, Bernard simply followed Fodéré who had commented that “in speaking of the false accusations of rape that it is a pity that the best of the sexes when good, is also the most perverse when she is wicked.”587 Bernard agreed these girls were telling these fables of an attack to cover up their own debauched habits ranging from habitual masturbation to frequent sexual encounters with older men and younger children they violated, and thus made a case these young girls were to blame for their own “wickedness.”588 Legludic concurred with this assessment.589 The focus on the practice of masturbation as a sign of moral depravity had a “doubly pernicious” 590 impact on the children who reported they had been sexually assaulted. Firstly, it helped to dismiss the suspicion a sexual assault had taken place and instead ascribed signs

3 Bernard, "Des attentats à la pudeur sur les petites filles," 125.

111 and symptoms on the genitalia to habitual masturbation. Secondly, since the practice of masturbation was so strongly associated with immorality and degeneration, mentioning it as a cause for redness and inflammation on the genitalia called into question the child’s character — and at times her mother’s — and by extension her reliability as a witness.591 In regard to simulations of sexual attacks, probably the most outspoken text was published in 1880 by dermatologist Alfred Fournier. It was titled Simulation d’attentats vénériens sur de jeunes enfants du sexe féminin [Simulations of venereal attacks on young female children]. Brouardel related in his 1883 text that he had attended the lecture Fournier gave in the same year at the Academy of Medicine in Paris592 which formed the foundation for this publication. In cases of simulation, Fournier emphasised by the choice of his title that he was only interested in girls as “simulators,” thus entering the discussion from an already gendered viewpoint, which is somewhat similar to titles considering indecent assaults only on girls which have been discussed in chapters two and three. Fournier specialised in the treatment of venereal diseases, in particular syphilis593 and regularly examined children who had disclosed they had been victims of an attack. He very much supported the notion that cases of simulation were frequent and as such it was the responsibility of the doctor to provide this information to the courts, asserting that “the doctor is in the best position, in all respects, to detect and discover the truth.”594 His text found wide recognition by his professional contemporaries, who were all male of course, since women at the time were not granted access to the medical profession. Fournier was referred to as an expert on simulations, for example by Brouardel,595 Bernard,596 and Thoinot.597 He had decided to publish this particular text, he said, “in the general public interest […] to reveal the abominable conspiracies of certain simulations of a special order, […] which can lead to the most regrettable miscarriages of justice.”598 Clearly interested in protecting “honourable and worthy men who are respected fathers and clearly incapable of such abhorrent crimes”599 from such “treacherous skills of these simulators”600 who cause “heartbreaking despair to their victims,”601 Fournier created a narrative where he reversed alleged victims to “simulators” and alleged offenders into “their victims.” He declared that he had commonly observed these cases to such an extent that he had promised himself he would one day use his authority to “denounce such monstrosities” of false allegations to the public. To illustrate the observations he claimed to have made, he provided a rather detailed case example which other professionals like Brouardel,602 Bernard603 and Thoinot604 would later cite. Fournier described how he discovered that a mother had manipulated her eight year old daughter’s genitalia with a scrubbing brush, to a point where the girl was suffering from a horrendous, purulent infection which must have

112 been very painful. Moreover, the infection indicated symptoms of gonorrhoea. Interestingly, here Fournier described over five pages how he had investigated the allegation this girl’s mother had put forward, how he interrogated the girl relentlessly several times until she finally admitted that her mother had told her to say the man had assaulted her. Fournier asserted the intensity with which he investigated these disclosures was necessary because “the honour of a man, perhaps even a family was at stake.”605 There is nothing about the alleged offender other than that he was a “gentleman [un monsieur]606 of a certain age, rich, with irreproachable heritage”607 who had already been detained in Mazas, despite his formal denial [of the allegation].608 Clearly, Fournier did not think him capable of committing such a heinous crime.609 It was the artificial exaggeration of symptoms which was the mother’s undoing and led to discovery of the simulation, said Fournier.610 Had she been more subtle, her “plot” would likely have succeeded. As for the medico-legal examination of such allegations, Fournier did acknowledge that “between a vulvar inflammation resulting from a criminal attack and a vulvar inflammation determined by violence of another nature, there is no distinct sign which allows us to establish a solid foundation for a differential diagnosis”611 and he agreed with his contemporaries that there was no distinct way to establish the aetiology of such crimes with absolute certainty. Like Brouardel however, in the absence of such certainty he was much more inclined to suspect false allegations and also affirmed that spontaneous vulvitis in girls was rather common.612 As for possible motivations for such simulations, Fournier listed monetary gain, vengeance613 and in conversation with Brouardel, the ending of a “troublesome tutelage,” where daughters did not hesitate to accuse their fathers of incest or wives their husbands of having sexually assaulted their daughters.614 Probably the most striking claim Fournier made in this text is that he understood the men who he was certain had been wrongfully accused of horrific crimes to be the victims in the situation. To make his point, he completely reversed the discourse where the legally “alleged victim” became the offender, and the “alleged offender” became the victim, declaring that the children who disclosed they had been violated and the adults, often mothers, who he claimed had orchestrated such simulations, to be the offenders. Fournier introduced the term "rape blackmail [chantage au viol]”615, whereby precocious children and hysterical women targeted affluent, honourable men because of either greed or vengeance. He emphasised it was the medico-legal expert’s moral obligation to “protect an honourable man” and “safeguard this innocent” so that he did not loose both “honour and freedom”616 in a case of rape blackmail for which he warned rich, prominent men could be targeted at any time.617

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Similarly, Bernard warned that there was a professional business happening whereby “in the big cities small daughters are trained in […] rape blackmail.”618 Bernard even worried about the possibility that doctors could fall victim to such blackmail,619 where “children and hysterical women”620 might make false allegations of indecent assault against the medical professionals examining them, a danger he said they faced alongside clergymen. Consequently, he explicitly warned his colleagues never to be alone with the alleged victims.621 As an example of rape blackmail, Bernard presented a case narrative in which the accused man was so earnestly claiming his innocence that his wife eventually believed that he was the victim of a vicious simulation. He related: She went to find the child’s parents, told them about his doubts and his grief. Mrs Vanhot-Heyem who is a very honest woman, confessed that her daughter gave them a lot of trouble and that her husband and she were determined to put her in a house of correction.622

Bernard described here how the girl’s own parents distanced themselves from her. As she had caused them “a lot of trouble” already, he implied that she had brought shame to the family by engaging in sexual behaviours, most likely masturbation. According to the case narrative her mother seemed inclined to believe her guilty. So essentially, there is a strong narrative within medico-legal discourse that firmly places responsibility and blame on the female child who was out to bring despair and ruin to both her parents as well as honourable and respected men. In some children, Fournier said, their “precocious perversity” preceded their years623 and their families were often known to have a “most deplorable history.”624 Some of these precocious and perverse children would turn into hysterics,625 these authors said, and in fact, false allegations, which might or might not have been made in good faith, were often the work of hysterical women.626 Yes, they said, hysterical women were often victims, but not of men. They were victims of their own deficiencies, for example unreliable memory or confusion due to experiencing hysterical attacks.627 Foucault points out that the presentation of precocious children as an epidemic menace which threatened the future of the species occurred frequently in the course of the eighteenth and nineteenth centuries and happened often in close association with the hystericisation of women whose bodies and sex were thoroughly medicalised.628 By the fin de siècle, medical practitioners were well accustomed to this narrative and deployed it with ease. Bringing precocious children in close association with hysterical women served to discredit both children’s trustworthiness and women’s capacity for agency, where medical professionals helped to infantilise them instead.629 Medico-legal doctors proclaimed it was their responsibility to uncover such “wrongdoing” by precocious children and hysterical women in

114 order to protect respectable, innocent men. Having acknowledged both that cases of simulation of an indecent attack were not rare and that it was quite difficult to distinguish false allegations from those that were truthful, medico-legal professionals recommended a thorough examination of the victim in order to recognise a simulation. Bernard reiterated that the absence of lesions on the genitals did not prove that the child had not been assaulted and so he recommended searching carefully on the clothes and on the entire body of the alleged victim for “traces of struggle or violence.”630 In particular, he said, the doctor would need to “pay attention to the mouth and neck of the child” because offenders would often apply pressure “to stifle the cries of their victim” and so excoriations from fingernails could be common. Breasts and inner parts of the thighs, he added, would also need to be thoroughly examined.631 Overall, then, medico-legal doctors included the possibility that there could have been a simulation. Brouardel and Bernard, in particular, voiced the view that rigorous assessments with consideration of a number of hypotheses were crucial to making findings as accurate as possible, and their texts indicate strongly that it was important to them to refrain from reaching premature conclusions and maintain a level of balance in their assessments. This, however, is coupled with assumptions so prevalent at the time which perceive children, and in particular girls, to be easily led into vice and at times so precocious and already guilty of perversion that it seemed perfectly acceptable to place responsibility and blame on them alone, not the adults around them. This has significant implications for contemporary child protection practice where these kinds of sentiments have proven to be rather persistent and stubborn to eradicate. In the next section, I will discuss cases where medico-legal practitioners proposed that spontaneous infection with venereal disease and vulvitis in young children is not only possible, but occurs frequently.

Venereal Disease and Vulvitis – Cases of “Spontaneous Infection” Nothing is more common than vulvo-vaginitis (or simply vulvitis) in children, in particular those of the lower classes […].632

Most medico-legal experts did acknowledge that vulvitis can be a sign that a crime had occurred. In his thesis, Bernard included a subheading titled “De la rougeur [On redness],” exploring redness of the genitalia and whether this could be a sign that a rape, attempted rape or indecent assault had been committed with the use of violence.633 As for categorisation, most authors, including Brouardel, agreed there were three major categories: spontaneous,

115 gonorrhoeal, and traumatic vulvitis.634 Some writers, however, articulated their ambivalence about its aetiology and indications regarding sexual assault rather clearly. Only one year after Tardieu had died, Fournier openly disagreed with Tardieu who had maintained that spontaneous vulvitis in young children was rare and that it was much more likely it was a sign of a sexual attack.635 Thoinot declared in 1898 that Tardieu’s discussion of vulvitis was outdated.636 Lacassagne acknowledged the recent work in bacteriology which had implications for medico-legal practice in that the presence of venereal disease could have causes other than having been the victim of a sexual attack.637 In addition to doubts about the reliability of children’s testimonies and the possibility that allegations could be false or even simulated, the presence of venereal disease like gonorrhoea could now be explained with “spontaneous infection.”638 In his experience, Fournier said, spontaneous vulvitis occurred very frequently, in particular amongst girls who lived in poverty and were in rather poor physical health overall.639 It was “banal”, said Thoinot,640 and that about ninety per cent of all cases of vulvitis were transmitted through poor hygiene, for example, by sharing toiletry items, a thermometer or bath water,641 or sleeping in the same bed.642 Correspondingly, in his 1883 text Brouardel included a number of hypotheses in relation to the causes for vulvitis and the contraction of venereal disease and discussed secondary causes of infection in girls as young as two years. Most signs, he said, did not indicate sexual contact, but lack of hygiene. This fitted well with Brouardel’s general portfolio as a hygienist who throughout his career worked to help improve population health in France and had acquired significant status in this area of work, where his expertise was highly valued. In particular, Brouardel asserted that amongst the poorer classes, good habits in relation to hygiene were rare and therefore inflammation of the genitalia rather common for little girls,643 thus reinforcing the image of contamination, filth and dirt in association with poverty. He commented that infection with disease, for example, genital conjunctivitis, occurred frequently in children’s homes, mental asylums and prisons because it was so contagious.644 He quoted a case for which he was summoned to a children’s home [Dépôt des Enfants-Assistés] where he examined nine little girls who had been sent to stay there while their mothers received medical treatment in hospital. All nine presented with the same kind of infection, with severe, purulent vulvitis, for which they had to be admitted to hospital. They had been examined by the doctors there, and some declared the infections were of traumatic origin, while others decided the infections were due to gonorrhoea.645 However, Brouardel explained that the girls, on admission to the children’s home, had already been lymphatic, malnourished and in rather poor physical health

116 and therefore quite susceptible to infection, which they contracted from each other in the children’s home. Brouardel stressed that these cases were far from rare, especially when there were “predispositions” of weak physical health, clearly pointing to the “dangerous classes” where living conditions and poverty compounded such predispositions. Moreover, he informed his colleagues “that intensity or sudden onset will not simply allow the expert to rule out spontaneity”646 and that spontaneous infection with vulvitis was likely the “most frequent” cause brought about by either poor hygiene or masturbation.647 While he commented in great detail on infections he observed on girls’ genitalia, Brouardel also mentioned cases he had examined where boys had presented with such infections. These kinds of comments were much less frequent in the medico-legal literature I have encountered. The boys Brouardel had examined most often presented with balanoposthitis, an inflammation of the foreskin. As with vulvitis in girls, Brouardel said, it is very difficult to trace whether this is a spontaneous infection or the result of an indecent assault and so he recommended that medical practitioners apply the same caution in their assessments for these kinds of cases.648 Overall, he said, it was exceptionally difficult to ascertain the difference between “spontaneous”, “traumatic” and “gonorrhoeal” inflammation of the genitalia for both boys649 and girls650 and that it was therefore unwise to claim a crime had been committed in the absence of corroborating evidence.651 Lop described a number of cases where boys presented with symptoms of urethritis indicating infection with gonorrhoea as a result of sexual assault by a woman, but failed to acknowledge that in the majority of cases, boys had been sexually assaulted by adult men.652

Unreliable Evidence: Hymeneal States and the Question of Virginity Most medico-legal texts on les attentats aux moeurs, including those by Tardieu,653 Penard,654 Brouardel,655 Legludic,656 Thoinot,657 and Lacassagne658 include rather long discussions about the anatomy of the hymen and signs which could provide an indication of defloration. In some cases, such indications could provide further evidence confirming that sexual abuse had occurred.659 From a legal perspective, the discussion about hymenal states has been incredibly important, for it is inextricably linked to legal definitions of rape. Indeed, Tardieu asserted that the hymen “takes too great a place in the medical assessment of statutory rape not to be studied with great care.”660 Often, medico-legal experts saw themselves pressured to provide definitive answers to questions of guilt, as Brouardel pointed out. If lawyers could indeed provide the evidence via a ruptured or torn hymen that confirmed the crime had been committed, that would

117 make a very strong case for the prosecution — if indeed it were possible. Most medico-legal texts of this time therefore discuss the hymen in great detail. Apart from my rather brief discussion in chapter one which addressed Tardieu’s comprehensive analysis of the anatomy of the hymen in his 1867 text, I concede that this topic deserves much more detailed attention. Attempting this here, however, would detract from my focus, which is to describe how French legal physicians approached suspected child sexual abuse for the purpose of assessment and provision of — more or less — conclusive evidence and how they described and assessed women who had been accused as offenders. Intent on discussing further elsewhere the topic of the role the hymen has played in medicine and law, I want to say simply that rebuttals about the hymen as a testimonial of both virginity and its violation date as far back as Ambroise Paré’s sixteenth century work Les Œuvres (1575) and that many medical practitioners have over time asserted that no conclusive evidence can be drawn from how the hymen presents due to its highly individual appearance with myriad varieties. Many medical practitioners agree that one could never achieve precision by enlisting the nature of the hymen as a reliable way to attest virginity. The rare situation where a torn hymen can support a crime narrative, therefore, would be one where it co-occurred with significant injuries indicating a violent rape. In addition, Brouardel argued that in such circumstances an examination by just one professional might not be enough to be certain, as precise descriptions of the state of the hymen, in particular in young girls, required a high level of competence and skill and he clearly did not trust that all examiners were capable in that regard, for he remarked laconically, “Chez les petites filles, surtout chez les plus jeunes, il faut savoir découvrir l’hymen [In girls, especially very young ones, it takes [certain] skill to discover the hymen].”661 To illustrate, he cited a case where a doctor had been accused of rupturing an eight year old girl’s hymen. The doctor admitted to touching the girl662 and committing an indecent assault.663 Upon examination, the first assessor had claimed the girl’s hymen had “complètement disparu [completely disappeared].” Brouardel however, found the hymen intact upon second examination, implying that the first assessor had been incompetent.664 It seems understandable though that from a legal perspective, the assumption that such definite conclusions could be drawn from certain presentations of the hymen would seem rather tempting. Moreover, socio-cultural metaphors of a torn hymen as a sign of lost virginity present as a pervasive narrative with a long tradition and would result in common misconceptions amongst the general public. Intactness in such narratives represents the purity of the virgin which is often set against the impurity of the porous, permeable woman who has been penetrated and therefore contaminated.665 This has been thoroughly discussed in medical

118 discourses over time.666 So it seems that most prominent medical practitioners who have published on this topic were in agreement that using the state of the hymen as an indication of a sexual attack could only ever be questionable at best, if not futile. At times, however, the misconception that forensic evidence is precise and reliable in this regard can present still today in contemporary child protection practice and lead to questionable decision-making in relation to medical examinations of young children when clearly there is no need at all to subject them to such an unpleasant and potentially frightening procedure. Considering this, it may not be surprising that medico-legal practitioners in the nineteenth century were faced with this request by the courts with great frequency. Most major French medico-legal works of this time therefore feature discussions of the anatomy of the hymen and address frequently asked questions by the court about the reliability of the intact hymen in terms of rape, attempted rape, and indecent assault. In addition to discussions about examinations of alleged victims, increasingly medico-legal professionals requested, alongside their colleagues who specialised in the developing field of psychiatry, that alleged offenders should undergo both a comprehensive medical and a psychiatric examination to establish the aetiology of the crime and explore potential sexual pathology which might have contributed to it. I will discuss this briefly in the next section which sets out to achieve a transition to later texts by mostly German speaking professionals who made this set of ideas a major focus of their research and practical work with patients.

“A Customary Criminal of a Special Genre”4: Medical and Psychiatric Examinations of Alleged Offenders and the Question of Culpability Brouardel was among medico-legal practitioners who made a point that those who had been accused of committing an attentat aux moeurs needed to be examined just as thoroughly as the alleged victim, to establish whether the crime had taken place. This could also include an examination of the environment in which the alleged sexual assault was said to have taken place.667 Medico-legal professionals agreed it was also important to both consult with another medico-legal expert and repeat the examination some time later, in particular in cases where genital infection was present, in order to take into account incubation periods and monitor the progression of the illness.668 Similarly, the third part of Bernard’s doctoral thesis from 1886 is dedicated to expert rules for medico-legal practitioners in which he argued in favour of

4 Brouardel, Les Attentats aux moeurs, 8.

119 thorough examinations of alleged offenders and, following his mentor Lacassagne, provided a summary of considerations required for a proper report of findings.669 His opening statement of this part is: “In cases of suspected sexual assault, the expert must examine the victim and the perpetrator.”670 This in itself was nothing new, as Tardieu and Penard had also made this claim.671 Bernard quoted Fodéré, who had argued in 1813 that both alleged victims’ and alleged offenders’ genitalia needed to be examined with scrutiny, to ascertain whether their possible injuries on the genitals and other signs on their bodies matched the crime narrative. Over time, however, these examinations diversified. Bernard for example, specified that besides a medical assessment of the accused’s genitalia, examination of alleged offenders should always include a thorough physical examination which included a search for “traces of struggle or violence on the clothes and on the body”672 and other physical signs like scars, skin rash or tattoos which could corroborate the alleged victim’s narrative.673 This needed to occur as quickly as possible following the alleged assault, as traces on the body, in particular of the accused, could be fleeting.674 In cases of venereal infection, Lacassagne stressed that symptoms of infection must match in the accused and the alleged victim.675 Bernard reiterated that in the absence of traceable evidence, the examiner’s report needed to include an assertion that some sexual assaults did not leave any traces and that it was still possible that the offence had occurred despite visible signs.676 Brouardel, however, was more prepared to presume innocence on the part of the alleged offender, if the available evidence remained inconclusive.

“Anomalies of the Sexual Instinct among the Unbalanced”5: Making a Case for Psychiatric Examinations

While the need for a physical examination of the accused had been acknowledged in medico- legal literature for some time, towards the fin de siècle professionals increasingly recognised the importance of the psychiatric dimension. In addition to physical evidence, further questions in relation to soundness of mind were important for the examination of alleged offenders, Brouardel said, and certainly in the introduction to his 1909 text he conceded that questions of responsibility were not as simple as had been presumed earlier in the century. Professionals had over the years become a lot more aware of the associated complexities: Thirty years ago the problem to be solved was very simple, because the culprit was still considered a corrupt man, to whom one could never be too severe.677

5 Brouardel, Les Attentats aux moeurs, 1.

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Indeed, since then, things had become increasingly complex. In 1886, Bernard only briefly mentioned that “it may be necessary to know the state of responsibility of the accused at the time of the crime,”678 alluding to Article 64 of the Code pénal which dealt with the question of soundness of mind and responsibility. Beyond this concession to another discipline, however, Bernard simply stated that he would not insist on this point and recommended that those interested consult special works [les ouvrages spéciaux] on mental alienation. In contrast, texts which were published from the latter half of the 1890s onwards increasingly included expressions of the psyche in both aetiologies of alleged victims’ specific presentations when medico-legal doctors examined whether their narratives were truthful,679 and debates about the alleged offender’s soundness of mind at the time they committed the offence. Moreover, comprehensive works on moral crimes now included chapters on sexual perversion.680 Increasingly, medical professionals requested that the alleged offender be examined psychiatrically. The possibility they had in mind was that the offender might be found not to be responsible, and would therefore escape a criminal conviction by instead being interned in a mental asylum. In deferring to Charcot, Brouardel argued that not only should the victim be psychiatrically examined, but also the accused.681 In recent times, he said, many magistrates had changed their minds about the necessity of such an examination. That was due to the studies of the modern alienists, who had shown that moral crimes were frequently committed by those who suffered from a mental disorder.682 This was why, he argued, those individuals tended to commit repeat offences.683 The article “Inversion du sens génital et autres perversions sexuelles”(1882) by Charcot and Magnan I discussed in chapter one is one of the earliest examples where authors focused on aetiologies of mental pathology in cases of sexual deviance and the manifestations of degeneration they claimed to have observed in their patients. The case study I cited of the young woman who was sexually attracted to her three year old nephew is one of the earliest examples in which the authors stressed linkages between the young woman’s manifestation of sexual pathology with both hysteria and degeneration. Whilst Brouardel did acknowledge the importance of the psychiatric domain, he appeared rather perturbed about the significance it had been awarded by some of his contemporaries, claiming this was “exaggerated.”684 Similarly, he was hesitant to align himself with Magnan’s position. Magnan had in recent years been immersed in studies of degeneration, in particular in relation to the aetiology of sexual inversion: Magnan thinks that all inverts are hereditary degenerates, but for my part, I think this rule is far too absolute, and I know of several cases where none of the family members were mentally defective.685

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Brouardel argued it was important not to generalise and instead examine each individual case with great care and a number of possible hypotheses in mind.686 As for demographics of cases of les attentats aux moeurs, in his later text Brouardel wrote that over time, the frequency of these crimes had been diminishing, with a peak in the 1880s.687 This apparent decline in cases might have been in line with a marked shift in the discourse toward the assumption that most children were lying about having been assaulted and that it was their own viciousness and perversity which led them to engage in sexual acts with adults.688 Taking this further, it might also have been a sign of what was to come in the twentieth century, where once again the sexual abuse of children both in extrafamiliar and intrafamiliar circumstances experienced discursive subjugation to some extent, as I have explored in chapter two. Concluding Comments From the textual analysis I have conducted for this chapter, it appears that numerous professionals at the fin de siècle in France ascribed many allegations of sexual attacks on young children, mostly girls, to a false narrative which could stem from accusations made in good faith or, more frequently, from malicious allegations driven by greed, lust for vengeance or other ulterior motives. Assumptions about the innocence of childhood and the need to protect vulnerable children from harm sat uncomfortably beside a discourse on the precocious perversity of children who were not to be trusted. Children, particularly those who belonged to the lower or “dangerous” classes, were no longer seen to be truthful about allegations of rape, attempted rape and sexual assault, unless the evidence corroborated such disclosures beyond reasonable doubt, and even then there was a possibility the defence could argue the children had somehow brought the attack upon themselves by their precocious and perverse behaviour.689 In addition, it seems striking that despite their advocacy for more rigorous examinations of the alleged offenders, an exploration of possible motives for the offence seemed to have received minimal attention in the texts. In cases where the accused was from a “good family,” known to be respectable and well to do, many doctors contented themselves with simply describing their status, rather than their behaviours to illustrate to their colleagues that it was absurd to even assume they could be guilty. On that note, I agree with Cage that “reputation at times outweighed forensics.”690 Furthermore, these texts do not offer any kind of analysis as to why these men and women might have engaged in sex with children, something one might expect would sit within the

122 realm of psychiatry. In France, however, the emerging profession of psychiatry, or médicine mentale, was rather preoccupied with other areas of focus which included the academic pursuit of monomania, or partial insanity earlier in the century, which helped to cement the status of the medical profession as experts in court, in particular in regards to the question of moral responsibility.691 Later on, the work of Charcot in particular helped to shift the focus towards hysteria as a mental disorder, while many other professionals like Benedict-Auguste Morel and Valentin Magnan dedicated their work to the study of degeneration. This discourse did start to include explorations of sexual pathology as signs both of hysteria and degeneration, the latter in particular in regards to sexual inversion, the term so prevalent at the time to describe same sex love. In contrast, the diagnosis of paedophilia erotica as a distinct presentation of sexual pathology which described primary sexual attraction to prepubescent children did not make its debut until 1897 when Richard von Krafft-Ebing first coined the term.692 It did not feature in French sources until later. Medico-legal experts were prepared not only to protect men of status, but to shield any associations of pathology with their own class, showing little or no concern about the welfare and healthy development of the children this legislation was meant to protect. This is clearly different from the way in which sexual offending has been described in more recent times where authors highlight aspects of psychopathology manifest in those who have sexually offended against a child, as well as other personality traits which in contemporary literature are associated with criminal behaviours, one of which can be sexual offending against children and young people.693 The fact, however, that documents exist from the late nineteenth century which discussed at length how medical examiners ought to approach cases of suspected assaults against children and how they needed to consider multiple hypotheses to reach a balanced assessment of all factors known indicates that there was acknowledgement of the possible sexual abuse of children, that people did worry about and attempt to protect their children from it, as well as punish those who had made sexual advances towards children. These concerns were much more prevalent at the fin de siècle than at the beginning of the nineteenth century and I argue that this manifests the great amount of work which had been invested in the protection of children throughout the century, in particular, during the years of the early Third Republic. Even though a range of authors, including Brouardel, expressed doubt about the truthfulness of many allegations of child sexual abuse, they did not, after all, state that they believed the sexual abuse of children to be impossible. Indeed, Brouardel did acknowledge that these kinds of crimes could occur, often behind closed doors. I have shown that Brouardel in particular

123 valued highly both the accuracy of an assessment and ensuring that statements about crime aetiologies did not make claims the evidence did not finally support. The consideration of a number of hypotheses and balanced assessments was what he emphasised in his medico-legal texts. Unfortunately, however, as a medical expert of his time, his writing, like that of his contemporaries, was marked by shared socio-cultural assumptions about sex, class, and childhood. As a result, children and women were unable to produce reliable proof that they had been victims of sexual assault, either with their words or their bodies.694 This attitude by medico-legal experts has helped both to reinforce the status quo of la puissance paternelle and ultimately shape a discourse about sexual abuse that continues to discredit children and young people’s disclosures, infantilise women and undermine their sense of agency. Across the disciplines of medicine, law and criminology its dominance over a long time has rendered women largely invisible as both victims and, perhaps even more, offenders of sexual abuse which has significant implications for contemporary child protection practice. As for role boundaries, I argue that Tardieu was the last medical practitioner who communicated clarity about his role in the court room without being influenced too deeply by public discourse and the status of the medical profession. After Tardieu, confusing influences, opacity in the legal framework, as well as a lack of clarity around roles and expectations for medical practitioners providing evidence in court, all led to somewhat confused and collapsing lines of argument, where geographical variation in the interpretation of both the Penal Code and the Code of Court Instruction became evident. This, coupled with lack of protocols around what pieces of evidence could be admitted to the court and for what purpose, meant that the system had yet to gain clarity around its functions, as well as its processes.695 This came at a time where predictions about the progressive moral and physical decline of the nation and its population in France were felt to be real. Medical discourse helped to evidence “decline as a process”696 via descriptions of degenerative disorders. In the following chapter, I will focus on these sentiments and the role they played for emergent discourses in the fields of sexology and psychoanalysis. From about the turn of the century, German academics and researchers went beyond the French by, for the first time, taking the psyche as their focus, clearly moving away from the study of the body as the only acceptable modality within medicine. The only text by a French medical professional who made some comments about the psychological impacts of rape, attempted rape and indecent assault on victims was Charles Samson Féré, in his text L'instinct sexuel: évolution et dissolution which was published in 1899. Overall, consideration of the psyche as a contributing factor to mental pathology as well as the

124 aetiology of crime gradually received much more attention, but the French, as I aim to show, were no longer at the forefront of this development. Accordingly, I will explore a selection of German texts in the next chapter. Among others, Freud’s work, while largely speculative, received more attention. I will be historicising and incorporating his work by placing it in dialogue with texts by other, often highly skilled professionals which might have been explored less often. I contend that the study of these texts can provide significant insights into emergent conceptualisations of sexual pathology. Intent on making linkages to a larger development, I will include a brief discussion of some of Freud’s key texts in which a remarkable shift in the interpretation of women’s narratives of sexual abuse became apparent. I maintain that the practice of psychoanalysis has helped to establish the predominant perception of women and children’s sexual abuse narratives throughout much of the twentieth century, namely that they too should be met with circumspection, and at times, dismissal. It becomes clear through historical analysis that these assumptions about sexual abuse have developed and prevailed over a fairly long time and were quite successful at maintaining socio-cultural equilibrium. Within that proposed order of things, or this particular discourse, those who sexually abuse children are often perceived as abnormal — somehow different from the majority of society. Conveniently, for many people this view makes it acceptable to externalise and keep at a distance manifestations of such behaviour as somehow not part of the human experience.

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Chapter Five Connecting the Body to the Psyche: Framings of Child Sexual Abuse in German Studies of Sex in the Late Nineteenth and Early Twentieth Centuries This chapter will explore how the discourse on child sexual abuse gradually shifted from a focus on a purely materialist corporeality to a conception of the psyche as subject of scientific inquiry in its own right. This way of exploring how sexual attacks on children might occur differed from earlier, primarily external observations of behaviours that might have indicated a subject’s unsoundness of mind with significant legal implications in court. Increasingly, professionals paid more attention to manifestations of psychic illness from within, which they regarded as based on intrapersonal developments contributing to forms of sexual pathology.697 Their focus on such manifestations helped to develop the notion that some adults might have a primary sexual attraction to prepubescent children and that this attraction ought to be considered pathological. In this last chapter, I aim to provide an account of how concepts of sexual offending and child sexual abuse experienced further diversification through psychological considerations. I will trace their emergence in early attempts at a science of sex, in particular sexology [Sexualwissenschaften] and psychoanalysis. The point of developing this narrative is to show that the work of both sexology and psychoanalysis is in significant ways indebted to earlier developments in French texts which have been discussed in this thesis. The chapter aims to highlight the relationships that become apparent between these texts when they are read across cultural contexts, pointing to how the locus operandi shifted from its stronghold in France to the German-speaking countries. Having consulted secondary literature on both the French and German primary sources, I have observed that this is not something which has commonly been attempted.698 While the texts which are subject of this chapter offer much in terms of an original contribution, it appears that neglecting their indebtedness to earlier work done by their authors’ French colleagues may forfeit an opportunity to engage them in a dialogue which can help to trace their historical interconnectedness. When one looks through the lens of the present, it appears that some works which developed within and from sexology and psychoanalysis continue to be widely acknowledged, while others have lapsed into obscurity. Moreover, many earlier texts which belong to the medico- legal discourse of nineteenth century France have also become subjugated. Telling the story of

126 this transition from prioritising visibility to centralising internal psychological processes will inform a hypothesis that aims to answer why the partial repression of earlier work might have occurred. The chapter will argue that it centres on this very method of viewing bodies exclusively through the lens of materialist science. Since the emergence of sexology and psychoanalysis occurred with German speaking professionals at its forefront,699 the primary sources I have studied for this analysis have mostly been written in German, authored by professionals from Austria and Germany, from about 1886 until 1914.700 Of specific interest will be two major developments in these sources: the exploration of behavioural motivations for sexual offenses, with particular reference to gendered assumptions, and the narratives which formed around the impact of such offenses on those who had experienced them. I will begin my narrative by tracing the transition from French nosography to early attempts at linking to human sexuality undesirable behaviour termed “criminal,” “dangerous” or “immoral.” I will go on to offer a brief commentary in regards to the work environment in which many of the contributing authors operated. Next, I will explore notions of the normal and the pathological, in order to show how, gradually, the establishment of these terms as categories had a significant impact on the epistemology of sexual offending and child sexual abuse as both crime and disease categories. From there, I will explore some detailed examples I regard as pertinent for the conceptualisation of a mental diagnosis called paedophilia erotica and emphasise what gendered assumptions can be found inscribed in it. I will analyse how this development helped to establish the view that no one could ever be fully normal and that normal people were also innately perverse. This has implications for framings of child sexual abuse which demonstrate that it most often occurs in the guise of secrecy. As for the discussion of child sexual abuse, the attention some professionals of sexology and psychoanalysis paid to expressions of sexuality from childhood are of significance. I aim to show that professional interest in childhood sexuality was certainly not something unique to Freud’s opus, although he probably did work most ambitiously towards the greatest universal applicability of his hypotheses.701 Having established that scientific studies of childhood grappled with the paradox that children could be regarded as both sexually innocent and sexually precocious, I describe how framings of child sexual abuse incorporated this tension. I will investigate the ways in which historical authors who paid attention to each others’ work were able to think that child sexual offending by women needed to be included in the discussion as it was entirely possible and happened rather frequently, often within the parameters of domestic employment. The nursemaid, servant or governess who engages in sexual acts with

127 children entrusted into her care re-emerges with some continuity. Two case studies will serve as examples of ready acceptance that women could and did sexually abuse children, and did so of their own accord. One of these case studies which was first published by Tardieu was repeatedly cited in key texts on the subject at the time, including Krafft-Ebing and Moll. The use of this particular case example aims to demonstrate just how familiar German researchers were with the French medico-legal sources I explored in earlier chapters. The other case study which had caused quite a scandal in Bordeaux during the year of 1881 was cited by Granier in his 1906 text La Femme criminelle [criminal woman]. Unlike Tardieu’s, it was not readily replicated in other sources, however, possibly because Granier’s publication in which he recovered this twenty-five year old narrative was much less well known than Tardieu’s and barely cited in general. It was also published later than most of the key texts from early sexology and psychoanalysis which discussed women as offenders and comprised the discussion of legal, rather than medical, implications of female criminality. Finally, I will offer an analysis of the discourse about the potentially harmful psychological impacts of early experiences of sexual assault in the longer term. I have found that Freud’s early writings on hysteria explore wounding impacts of sexual abuse in great detail. Bearing in mind the significance this has been awarded, in particular since the 1970s, I will investigate the rhetoric in a number of analyses of Freud’s seduction theory. Of particular interest to my exploration is the discourse surrounding the historic event of his apparent withdrawal of the theory. I intend to make a case that this has shaped how professionals have responded to encounters with child sexual abuse narratives throughout the twentieth century and into the present. In doing so, I am merely working towards a conclusion for the thesis, rather than trying to engage in another large project which would explore these rich primary sources in much more detail. I am keenly aware that in order to build my argument in this chapter, I have used texts which were penned by white men who enjoyed the privilege of thorough medical education and training. The sources I have used therefore predetermine a certain cultural privilege. Unsurprisingly, I have not been able to find significant work done by women on my topic during the relevant time period. This is quite possibly the result of the status of the medical profession at the time as a male and rather elitist practice.702 I acknowledge recent work on women who published notable works of sexology which often focused on female inversion, pleasure, and women’s reproductive cycles, in particular birth control, for example works by Gretel Meisel-Heß and Helene Stöcker.703 Sexual advice literature, in particular contributions such as Mary Stopes’ Married Life (1918), experienced magnificent attention in the years following the Great War.704 Whilst notable and important in particular for charting the

128 conceptualisation of normal sexuality, it cannot be included here. Similarly, Magnus Hirschfeld’s work, so important to sexology as a field of inquiry, will feature only marginally, as most of his opus is focused on same sex relationships, in particular male subjects. As Bauer has recently pointed out, his work on women was rather superficial and at times he actually contributed to the marginalisation of women, despite his proclaimed feminism.705 Given my limited scope, some texts which I believe provide compelling insights for how researchers described and considered childhood sexuality and child sexual abuse at a time slightly later than my chosen time period, cannot be included either.706 One such example would be Erich Wulffen’s work Das Weib als Sexualverbrecherin [Woman as a Sexual Offender] which represents the only full length textbook on the topic published in Germany during the 1920s.707 It is noteworthy because Wulffen, a criminologist of good standing, wrote it in response to a perceived rise in female crime after World War One in Germany. He criticised the fact that many court officials tended to perceive women as victims, rather than perpetrators of crime and warned this was naïve. The text offers a rich casuistry of female offenders and describes their criminological assessment. He proposed that criminal activity in women fluctuated in accordance with their menstrual cycles, in some women showing a sharp increase in criminal activity right before menstruation.708 He also proclaimed that women with an unusually large sexual appetite and in particular those who were suffering from nymphomania could be prone to both prostitution and sexual assault on children.709 Wulffen’s book shows an attempt at integration of both psychoanalysis and earlier work done in criminal anthropology, by Lombroso in particular. This included Wulffen’s belief that degeneration played a role in female perpetrated crimes, more so than in male perpetrated ones, and that generally, women were inferior to men.710 He also argued that the perceived rise in female crime in Weimar Germany was directly linked to the “masculinisation of women,” as Lang has recently described.711 As compelling as this seems, a detailed discussion of this text in relation to child abuse will not be included in the thesis for reasons of space.712

The Mind Full of Sex: Early Psychological Descriptions of Sexual Pathology For the greater part of the thesis, I have been discussing the importance of medical discourse at the fin de siècle, in particular amongst medico-legal experts in France, while tracing the emergence of narratives of child (sexual) abuse. By doing so, I teased out the implicitly gendered socio-cultural assumptions these works reflected. By the end of the nineteenth century, they mostly recommended caution, even suspicion, towards children and women who

129 made allegations of rape, attempted rape and sexual assault against men. This seemed to occur especially when these men belonged to families of high standing. As I have shown in the previous chapter, these texts suggested that children and hysterical women tended to make up false allegations against honourable men. Systemically speaking, the prevailing stance of medicine and law as representations of power and knowledge713 was that children and women were untrustworthy. That made it exceptionally difficult for these children and women to be taken seriously when they disclosed such an attack.714 Such dismissive treatments continued to happen despite the recent changes to the legislation which aimed to increase the protection of those who suffered a rape, attempted rape or sexual assault. The case studies from those medico-legal texts I examined have shown that many professionals wrote and acted according to the dominant assumptions of their time about the “natural” law of patriarchy, asserting that commonly narratives of rape and assault were not based on reality, but stemmed from children’s and women’s own lewdness of character or mental deficiencies, which could include malice, hysterical confusion, and pathological lying. Effortlessly, within this discourse, many studies rather uncritically corroborated earlier claims from this literature by simply parroting, rather than investigating, prevailing assumptions.715 For example, many medico-legal texts of this time presented a narrative of ever prevalent attempts at “rape blackmail” for monetary gain, vengeance or other ulterior motives. Children and women, they said, plotted to lure honourable men into a compromising situation and later accuse them of a sexual attack, so that they could demand payment in exchange for remaining silent about it. As late as 1907, Bloch described rape blackmail as a common occurrence.716 Despite the lack of evidence that such blackmail attempts actually occurred as frequently as these doctors claimed, their steadfast insistence on it helped to “confirm” the widespread assumption that in most instances, deceitful girls and women would falsely accuse reputable men.717 Many doctors also claimed that girls and women were much more likely to engage in pathological lying and deceit than boys.718 With the aid of this apparent fact, professionals often conducted rather superficial explorations of children and women’s disclosures of a sexual attack, making dismissal of the allegations the likely outcome. So described Paul Garnier in his text with the telling title Les Hystériques Accusatrices [hysterical women who accuse] a young woman by the name of Camille, who had come to him as a patient and disclosed that her father had molested her for years. The publication, which had been published posthumously in 1903, two years after Garnier’s death,719 informs that Garnier was chief physician at the hospital at police headquarters in Paris.720 Notwithstanding Garnier’s notable admiration for the attractiveness and charming presentation of the young woman, who did not show any “physical signs of

130 degeneration,”721 he concluded that she must be a hysteric whose dangerous and dramatic episodes prompted her to be making such “monstrous accusations”722 against her father. It did not help that Camille’s father was, as Garnier assured his readers, “a very honourable man.”723 Camille’s mother, on the other hand, was the daughter of an alcoholic mother and prone to hysteria, who did not seem to have a “well developed moral sense.”724 She had abandoned her husband and children and disappeared. Garnier conveniently concluded that because Camille’s accusations were of such enormity as to render them unbelievable, she must have been lying or fantasising.725 Camille was formally diagnosed with hysteria and sent to the mental asylum Sainte-Anne.726 It appears that her attempt at disclosure was doomed from the beginning. Given Garnier’s steadfast conviction about the linkages between hysteria, an exaggerated sexual appetite,727 and lying, whatever Camille could have told Garnier, she would not have been believed. Not only did such preconceived notions help to dismiss children and women’s disclosures of sexual assault, they also helped to render at least partially invisible cases of boys and men who had experienced sexual assault728 and largely marginalised scientific discussion of women who had sexually offended against children.729 While medico-legal practitioners at the end of the nineteenth century advised their colleagues to remain circumspect when faced with accusations of child sexual assault, it must be acknowledged that this discussion could only occur on the basis of its possibility. After all, professionals did not dispute that children and women could experience a sexual attack, and in fact, the notion that that was indeed possible had helped to create the need for their specialist expertise in the first place.730 The primary sources indicate, however, that at this time, most medico-legal experts in France who provided assessment reports to the courts in relation to allegations of rape, attempted rape and sexual assault did not yet have in their repertoire a workable concept of psychological impulses for the commission of such a crime. Likewise, conceptualisations of sexual pathologies which emerged during the last decade of the nineteenth century in the writings of researchers like Krafft-Ebing, Moll and later Freud, were not available. French texts which were published before the 1890s were devoid of a workable concept of psychological categorisation of sexual deviance towards children. In addition, prevailing assumptions about female pathology made a diagnosis of hysteria following an allegation of sexual assault, in particular within the family, more likely than a thorough investigation into the allegations of child sexual abuse. Therefore, medical professionals did not include an exploration of their patients’ psyche to investigate their motivation for having engaged in

131 forced sex with a child or, in the victim’s case, describe wounding impacts of this experience which went beyond physical injury. Individual introspection, so central to disciplines like literary studies, philosophy, and religion, did not yet seem to have been awarded a place in these texts which remained thoroughly aligned with the natural sciences.731 It is telling in that regard that as late as 1906, Granier’s rather substantial text La Femme criminelle which was exclusively dedicated to women as criminals, does not at all address psychological wounding or emotional impact either for the offenders nor the victims.732 Professionals working within the medico-legal tradition in France were much more focused on identifying visible signs and considering them as possible symptoms which indicated assault and violence. By making the search for visibility central to their work, these French professionals allowed physical signs to become plot elements for a tellable story, which only gradually adopted a rhetoric of the psychological. Through tracing signs of sexual assault and abuse on the bodies of children, their aim was to provide comprehensive texts others could use to develop expertise in this narrow, but increasingly important field, which often incorporated dialogue with legal practices in court spaces. I have shown in the previous chapters that their work helped to create the space in which the thinkability of sexual abuse on children could be discussed, because the signs and symptoms they found on children’s bodies provided a visible demonstration that prevalence of its occurrence went far beyond just a few isolated incidents. During the last decade of the nineteenth and early decades of the twentieth centuries, scientific inquiries regarding sexual pathology developed further and began to include explorations of the psyche in relation to motivational drive and deviant desire which went beyond questions of legal responsibility French alienists and medico-legal professionals had explored earlier. With this shift, the discussion of child abuse expanded to other areas of medicine, in particular the niche profession of sexology. The “birth of sexology” during the nineteenth century enabled scientific investigation and conceptualisation of sexuality in close connection with thoughts about human identity.733 It encouraged researchers “to look for sex below the surface,” as Jan Goldstein puts it.734 Nineteenth century researchers attempted to catalogue and classify variations in sexual behaviour which included the study and developing definition of sexual pathology.735 As a consequence, systematically catalogued case recordings of sexual deviance took note of a number of cases where women had engaged in sexual acts with children.736 Within the field of sexology, researchers changed the way in which they investigated the human experience, moving beyond notions of the natural sciences and questions of biology and creating opportunities to apply a different kind of thinking to what they were investigating. Within the profession of psychiatry, sexuality underwent what Oosterhuis has called an

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“epistemological transformation”737 through progressive individualisation and psychologisation. Furthermore, the transformation of thinkability itself occurred alongside the developing disciplines of “Psy” in this time period.738 The entire sphere in which questions about sexual practices, intimacy and reproduction emerged became increasingly psychologised. This contributed to a gradual movement away from and possibly even a split with earlier scientific work which had prioritised scientific materialism, or physical visibility. With this gradual shift towards the psyche as an object of scientific investigation, the idea that visibility as proof was sufficient no longer seemed to work. The notion that there were emotional and psychological dimensions to consider could be seen as both an opportunity and a complication. For conservative professionals who largely applied a nosographic methodology to their work and study, the ambiguity of the psychological subject—that which could not be seen and described in tangible terms—undermined their scientific process entirely. Therefore, studies of the psyche could at best warrant limited credibility, perhaps not unlike the religious discourse from which they had worked to set themselves apart throughout the nineteenth century. As a result, both claims and findings which the “Psy” disciplines marked as their own were regarded with suspicion. “Psy” was suspect, in a sense, precisely because it required those who were engaged in it to accept that much of what they were doing included speculation.739 Freud conceded on this point that this was exactly what many had critiqued about psychoanalysis.740 Reinviting conjecture to play a role in scientific inquiries could be regarded as an insult to the established work practices of “proper” science, and provoked professional unease about it.741 In turn, those who did engage in explorations of the psyche to investigate notions of sex were keenly aware of this suspicion and often felt called on to make a specific case that their methods were indeed scientific.742 Moreover, researchers who investigated psychological questions during that time made the rather strong claim that they encouraged and endorsed the practice of thinking psyche and sex alongside each other, which created opportunities for an entirely new discourse. Through this lens, researchers actively sought to engage psyche and sex in a dialogue within their work, attempting to express manifestations of mind and body in ways not previously considered. The individuality of the subject developed greater significance. Listening now became the prime sensory mode of investigation, rather than seeing.743 Making sex the subject of psychiatric inquiry in this way must have seemed radical to their contemporaries who were committed to working in more traditional scientific ways. French medical professionals like Charcot had been heavily invested in the study of neurotic illness, in particular hysteria and epilepsy and the impacts of a degenerate heredity,744 prioritising in their work that which was clearly

133 observable. Similarly, medico-legal experts in France at the fin de siècle only marginally included explorations of the psyche in their considerations. They deployed psychiatric rhetoric only when they aimed to describe manifestations of insanity, at least what they called partial insanity, and degeneration. Exploration of after-effects in terms of the victims’ psychological functioning both in the short and long term was not a feature of their work, nor did professionals pursue in great detail the question why some adults would find sex with children attractive. Something of an exception is the work by Charles Féré titled L'instinct sexuel: Evolution et dissolution [The Sexual Instinct: Evolution and Dissolution] which was published in 1899.745 Féré did indeed show some insights his French contemporaries had not shared in their texts when he pointed out that “the moral shocks of childhood can still have the effect of influencing the course of mental disorders which seem independent of it.”746 This was an important step as I will demonstrate below, one that had been made three years earlier in the German-speaking context in Freud’s The Aetiology of Hysteria [Zur Ӓtiologie der Hysterie]. Féré followed this statement by discussing a case where one of his female patients committed suicide after several attempts by poisoning and throwing herself from a great height as a result of “postpartum madness.” Féré relayed that the episode had been provoked by memories of an experience of sexual assault at the age of five years which had been “unseen and ignored,” causing a “heavily loaded legacy.”747 Overall, though, while he acknowledged that children can be affected by “trauma,”748 Féré’s discussion of these impacts remained rudimentary. He did not discuss in any great detail how such a psychological aftermath could unfold and lead a patient to commit suicide. While Féré’s text showed at least marginal interest in the potentially traumatic impacts on those who had suffered a sexual attack in childhood, more detailed analyses appeared in the writings of those who took an explicit interest in sexology and later psychoanalysis as distinct fields of study. Forming an Identity? The Setting I believe that the best way to appreciate my theory of the aetiological significance of the sexual moment for the neuroses is to follow its development. For in no way do I intend to deny that it has undergone a development and has changed because of it.749

Freud wrote this opening statement to his 1906 article “Meine Ansichten über die Rolle der Sexualität in der Ӓtiologie der Neurosen” [My Views on the Role of Sexuality in the Aetiology of the Neuroses] in which he conceded that his theory had undergone continual development and changed as a result of ongoing scientific study. Similarly, he stated in 1909 that he would like to see ongoing study in the field which would lead to further development and

134 improvement of his theories which he acknowledged had gaps.750 This way of thinking is emblematic of the setting in which researchers in sexology worked at the time. As a further step in a continuing investigation of the past as a history of the present, I am pointing to the environment in which German-speaking professionals were working at the turn of the century. The nascent field of sexology provided a space in which to explore multiple facets of human sexual behaviour.751 Whilst those who contributed to the study of sexology bemoaned their minority status in a niche market of medicine,752 there were nevertheless exciting possibilities for research across a number of both developed and developing disciplines such as medicine, sociology, criminology, and psychiatry. Propositions emerged and were eagerly tested, only to be quickly replaced by alternative ideas. This work environment created both opportunities for the progressive development of new and exciting hypotheses and ongoing struggles with ambiguities and contradictions, which seem to characterise the work of many eminent researchers like Krafft-Ebing, Freud, Moll and Hirschfeld.753 On the other hand, there was a problem of demarcation since boundaries were yet to be defined and regulated. Bloch expressed hope that the field would incorporate research from all around the world.754 His vision was clearly multidisciplinary. Given the novelty of the profession, however, Bloch seemed at the time unable to detail how this process should unfold. He simply seemed excited about the prospects this could uncover. It seems worth noting that the German speaking researchers who engaged in this kind of work did not use the word “Sexologe”, or perhaps more precisely, “Sexualwissenschaftler,” as a descriptor for their professional identity. They instead saw themselves as affiliated with other professions which were much more established, like medicine.755 The distinctly multidisciplinary work environment of sexology is perhaps best reflected by considering the professional backgrounds of some of its notable actors: Krafft-Ebing was a medical professional who showed specific interest in psychiatry and legal medicine [Gerichtsmedizin]. Bloch was trained as a dermatologist and venereal disease specialist.756 Moll specialised in neurology,757 while Magnus Hirschfeld trained in general medicine before specialising in the field of sexology.758 Sigmund Freud, before turning his attention to psychiatry and developing psychoanalysis, trained as a neurologist and neuropathologist.759 His later professorship was in Neuropathology.760 While the field of sexology established a common purpose, its researchers presented rather diverse objectives, which in its widest frame sported Freud’s development of psychoanalysis as much as Hirschfeld’s political activism that shaped his own scientific agenda.761 It appears that the diversity in educational backgrounds is also reflected in some struggles for

135 cohesion and a well-defined program of study. Whilst the emergence of sexology created more possibilities to investigate manifestations of human sexuality through a psychological lens, those who engaged in this work were by no means a homogenous group of like-minded researchers. Leng has called this time period “a markedly polyvocal moment in the history of sexology.”762 In other words, professional dialogue was fraught with ambivalence and contradiction. Katie Sutton’s recent contribution specifically explores the gradually increasing divergence between sexual science/sexology and psychoanalysis and provides new insights into the interplay between emulation and disagreement. The engagement in this effort to develop a scientifically sound theory of sex proved hard work, involving continual reversal, refinement and at times, shedding of ideas which had been developed earlier. The resulting fluctuations in framings are exemplary of a struggle towards knowledge. They lie at the heart of this epistemology. At times, some professionals engaged in rather bitter conflict and disputes which could seem territorial and petty. For my purpose here which is to reflect and summarise some of the more pertinent interpretations of sexual offending against children, I have remained clear of the personal insults and defamatory comments some of these rather prominent historical actors hurled at their colleagues in order to discredit their work.763 Instead I am focusing on key aspects of their studies on child sexual abuse with specific reference to women as offenders. While the authors might not have been willing to spend time in the same room together, my reading of relevant texts allows me to place their thoughts in direct dialogue. Writings which aimed to understand better what might prompt adult men and women to force children to engage in sexual acts with them are of particular interest. The study of sexology involved a shared commitment to research sexual pathologies and set those disorders apart from normal sexuality. The following section will explore how this matters to my argument. I aim to trace how the development of these categories has shaped our understanding of sexual offenders as pathological. Furthermore, a particularly gendered alignment of the Normal with sexual aggression in men, and sexual passivity in women, has further cemented the idea that women do not generally present with sexual agency, and if they do, it is likely because of gross and innate pathology.764 The next sections of the chapter will discuss the fact that key texts of this discourse clearly acknowledge that women can sexually offend against children. At the same time, however, they claim that women are sexually passive, which creates areas of contradiction and complexity that have, at times, resulted in an irreconcilable paradox that has often been left unaddressed.

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The Normal and the Pathological as Categories The organised study of sexual behaviours was likely one that sought to identify categories of pathology.765 While earlier publications did consider forensics regarding sex and psychiatry, like Heinrich Kaan’s Psychopathia Sexualis of 1844,766 they did not develop distinct categories of sexual deviance. Perhaps the first study dedicated to classifications of sexual pathology is Psychopathia Sexualis by the German-Austrian psychiatrist and legal doctor Richard Freiherr von Krafft-Ebing (1840-1902). Cryle and Stephens have recently shown that in Krafft-Ebing’s text sexual abnormality was elaborated, possibly for the first time, as “a general category.”767 Krafft-Ebing’s magnum opus lived through fourteen revised editions which were published between 1886 and 1903.768 While in previous chapters I have traced the evident lack of interest in understanding those who appeared sexually deviant, Psychopathia Sexualis, as well as many other texts by Krafft-Ebing were devoted to this objective completely. As late as 1897, he commented that the continual lack of mental examinations on alleged sexual offenders was “regrettable,” because it constituted a missed opportunity to achieve greater accuracy in court rulings and detention of dangerous individuals in the asylum.769 Indeed, he explained in the foreword to his klinisch-forensische Studie [clinical-forensic study] that he had written the text as a resource intended to be helpful for those who worked within the judiciary and needed to determine legal responsibility of respondents in court proceedings for sexual crimes [sexuelle Delikte].770 Addressing questions in relation to psychopathology and legal responsibility that had troubled his colleagues, Krafft-Ebing showed he was well acquainted with medico-legal texts of the second half of the nineteenth century and aligned his own contribution with this discourse as the locus of dominance at the time.771 Notably, he affiliated his work with that of Tardieu, whose quote he used in the Foreword to the first edition to emphasise the purpose for which he had written Psychopathia Sexualis: Der Verfasser macht den Ausspruch Tardieu’s (Des attentats aux moeurs): “Aucune misère physique ou morale, aucune plaie, quelque corrompue qu’elle soit, ne doit effrayer celui qui s’est voué à la science de l’homme et le ministère sacre du médicin, en l’obligeant à tout voir, lui permet aussi de tout dire” zu dem seinigen.772

Devotion to the science of man — the natural sciences — and the objective of medicine “to see and say everything”: this quote encompasses both an affirmation that the content of the following pages was thoroughly scientific and that it absolutely belonged to medical discourse. It might be important to note that his text does not offer a German translation of the quote, assuming his highly educated readers were well able to understand French. After all, Krafft- Ebing stressed the text was meant for professionals of natural science and law, having made an

137 effort to obscure passages that contained content deemed morally precarious by writing them in Latin.773 During the 1880s, the medico-legal professions may well have been more highly regarded than psychiatry, which did not yet have high standing.774 I am taking note of this connection because I have found that recent analyses of Krafft-Ebing’s work tend to prioritise his interest in psychiatry and the significant contributions he made to the field of sexology, often without discussing the significant legacy of French medico-legal texts to which Krafft- Ebing aimed to contribute.775 In Psychopathia Sexualis, Krafft-Ebing grouped the sexual perversions into four categories: inversion, fetishism, sadism and masochism. This major structure remained throughout all editions of the text and has been replicated in publications by other authors, including Freud and Moll,776 and his French colleague Thoinot whose extensive medico-legal manual formed one of the key texts for chapter four.777 In turn, Krafft-Ebing cited Thoinot’s text in the same year it was published.778 Over time, these four categories became increasingly diversified through the inclusion of subsets of behaviours and substantial revisions, with an ever expanding repertoire of case studies from an original forty-five to 238. By the last edition, the original 110 pages had expanded exponentially to 617.779 Krafft-Ebing stressed that much of what patients presented with followed a pathogenesis that was dynamic and unstable, rather than fixed, and was sometimes curable. This, he stressed, created opportunities for clinical and therapeutic intervention.780 What made Krafft-Ebing’s text so profoundly different was not that he included many case studies in his text. Medico-legal and criminological texts from the nineteenth century, including the French texts I have analysed for this thesis, did this extensively.781 In comparison with earlier case studies, however, Krafft-Ebing’s were to a large part autobiographical. The individual lived experience was awarded, perhaps for the first time, the utmost significance as material from which to draw scientific conclusions. Throughout his career, Krafft-Ebing collected thousands of case histories, many of which he had received by letter. Subjects who wrote to Krafft-Ebing aimed to describe their sexual pathologies, asked for his opinion and requested that their case be included in the next edition of his book. This was because Krafft- Ebing had developed something of a reputation for paying scientific, rather than moralising attention to introspective reflections and experiences of those who displayed symptoms of sexual pathology. Many correspondents said that they received solace and comfort in learning they were not alone, after having felt obscure and ostracised for most of their lives.782 The focus of the study of sex in Krafft-Ebing’s work was largely on demarcating abnormal sexual behaviour as other than normal.783 The presence of the normal and the

138 abnormal makes itself known in the text from the beginning. Krafft-Ebing awarded these terms “conceptual centrality and prominence that they had not previously enjoyed in medical or scientific writing,”784 according to Cryle and Stephens. This occurred in a relational way, not actually defining precisely what these terms were meant to describe. Krafft-Ebing might have been inclined to assume that their meaning could “be taken for granted.”785 Far from being long established terms, their common use commenced in earnest with Krafft-Ebing’s text and from there populated other writings of sexology and psychoanalysis. Moll used the terms “normal” and “abnormal” on page one of his text Untersuchungen über die Libido Sexualis [“Studies on Libido Sexualis”] (1897), so as to justify the study, no less.786 Freud’s extensive use of them in the Three Essays is another example. They, like Krafft-Ebing, also failed to define them. Considering the terms’ genealogy which has been anything but stable, the truancy of definition is no coincidence. As their history of multiple and overlapping meanings shows, the absence of definition has been discursively convenient and possibly necessary. It has allowed authors to use them almost without constraint. If in fact there had been a definition which confined them to a limited scope, both their historical and contemporary use might have looked different indeed. To aid careful examination of the changing conditions and circumstances which are reflected in its dynamic use, Peter Cryle and Elizabeth Stephens identify the notion of normality as both descriptive through the definition of norms, that which is “average,” “common” or “standard,” and prescriptive in its cultural pervasiveness, that which is “correct,” “good,” and “ideal.”787 As for present usage, ongoing struggles to come up with a formal consensus regarding the meaning and the margins of the normal in response to many cultural and contextual variables have maintained a concept that persists in appearing rather slippery. Moreover, if the meaning and the margins of the normal continue to evade clear demarcation, an understanding of sexual pathology in relation to it — as that which is not normal — may continue to remain just as opaque.788 The view of the normal and abnormal in Krafft-Ebing’s work was structured by profoundly gendered assumptions he justified through the lens of “natural” law and biological determinism. Accordingly, he considered sexual aggression in men and passivity in women to be normal; anything else was not.789 On the cultural height of today‘s societal life Woman’s sexual positioning which adequately serves moral and social interests can only be thinkable as a wife.790

Women, he declared, were not at all inclined to sexual desire, let alone adultery. Their place was the domestic space and their role that of wife and mother. Those women who actively sought out sexual enjoyment [Geschlechtsgenuss], in particular outside of marriage, were

139 therefore abnormal, acting in unnatural ways. Krafft-Ebing stressed that their abnormality was much more pronounced than if the adulterer had been male.791 Contrariwise, Krafft-Ebing said, men were prone to adultery and sexual engagement outside of marriage. Predestined through natural instinct, it was almost inevitable and therefore less abnormal. Krafft-Ebing however maintained that marital relations were pivotal to maintaining a functioning society and this demanded that men curb their natural sex drive.792 With little effort, he was able to ground his theory in “nature,” confirming that which he had already been expecting. With that, Krafft- Ebing, as did most of his colleagues at the time, both confirmed and reinforced prevalent cultural beliefs about patriarchy and the inferiority of women, while continuing to define any expressions of sexual agency in women as abnormal. It may not be surprising then that expressions of “abnormal sexuality” tended to brand any kind of sexual desire which would not ultimately result in procreation as abnormal, or was at least suspect in that regard.793 This was very much in line with traditional interpretations of sexual practices, which for centuries had been shaped by religious doctrine.794 Normal sexual activity as the dominant paradigm again established itself as sex between men and women, conveniently aligning with the existing cultural privilege.795 To be considered normal, sexual attraction needed to be directed towards someone who was sexually mature. Sexual desire for prepubescent children therefore fell into the realm of abnormality. This was especially so for those who felt a primary or even exclusive sexual attraction to children. The same view is apparent in Freud’s Drei Abhandlungen zur Sexualtheorie [Three Essays on the Theory of Sex] (1905)796 and Moll’s Das Sexualleben des Kindes [The Sexual Life of the Child] (1908).797 Far from being binary opposites, however, abnormal expressions appear in Krafft-Ebing’s work as exaggerations of normal behaviour on a continuum that was both dynamic and unstable, with many variations.798 The abnormal differed not in kind but in intensity. For example, sadism typically appeared in Krafft-Ebing’s writing as an exaggerated form of (male) sexual aggression which diverged from the normal only by its pathological intensification. To emphasise the dynamic aspect of the pathologies, Krafft-Ebing made a direct distinction between perversity and perversion. Perversity [Laster],799 he explained, was sexual behaviour of otherwise normal individuals who temporarily engaged in abnormal sexual practices, while their primary sexual goal [Sexualziel] as identified in coitus remained in place. Perversity could therefore occur in the pursuit of pleasure or when primary sexual objects were unavailable, for example in confined environments like prison or large same sex organisations such as the army. Some people, he said, engaged in perversity out of curiosity. Perversion [here, Krafft-Ebing equates it with Krankheit, illness],800 on the other hand, he applied to persons whose primary

140 sexual instinct directed them towards abnormal sexual goals, making procreation an impossible outcome. Their abnormality therefore constituted illness.801 For example, a perversion could manifest in primary sexual preferences for persons of the same sex or for children, animals, or inanimate objects. This is the first time that primary sexual attraction to children was so strongly associated with pathological illness, as well as criminality. The degree of pathology Krafft-Ebing awarded those who engaged in sex with children depended on whether or not their sexual attraction to prepubescent children was to be considered primary or even exclusive. The next section will explore this in some detail.

Pädophilia Erotica. A Brief Exploration of the Original Diagnosis The increase in sexual crimes on children committed by adults belongs to the most saddening phenomena in modern society.802

In addition to ongoing revisions of his Psychopathia Sexualis, Krafft-Ebing authored many specialist contributions on aspects of sexology.803 The above quote is the opening statement of a two-part article Krafft-Ebing wrote in 1897 and 1898, titled “Über Unzucht mit Kindern und Pädophilia Erotica [On Fornication with Children and Paedophilia Erotica]” in Friedreich’s Blätter für gerichtliche Medizin (1897-9).804 It is where he coined the diagnosis of paedophilia erotica and provided a detailed analysis of it. Given that his review of available literature in Germany, France and England indicated that sexual crimes committed on children had increased significantly throughout the nineteenth century,805 with this article Krafft-Ebing offered a contribution which explored the “subjective side”806 of these kinds of crimes. It is noteworthy that the kind of subjectivity Krafft-Ebing was referring to extended mostly to the offenders. He did not explore the impact these crimes had on the children who experienced them. For the purpose of access to personal introspection, the article provides detailed descriptions of a selection of case studies which he had compiled from some of the sources he had studied and his own work with legal respondents. He asserted that “such observations have been wanting in the scientific literature so far.”807 This oversight, Krafft-Ebing argued, needed to be rectified as he regarded those who sexually offended against children as morally dangerous.808 The previous chapter in particular elaborated on the doubts some medico-legal doctors expressed regarding the believability of children’s disclosures about sexual assault. Notably, in the case studies Krafft-Ebing presented in this article, it becomes obvious that he had assessed the children’s testimonies as believable. He told in this manner of a situation where a wealthy forty-nine year old married man had lured “nine to thirteen year old girls” onto his

141 property to touch their genitals under their skirts. During one of those incidents, the offender had also exposed himself, forced the girl to touch his penis and then attempted penile penetration.809 While retelling the narrative, Krafft-Ebing remarked that the girl’s testimony was “not to be doubted”; she was “respectable [unbescholten]” and “worthy of being believed [glaubwürdig].”810 While, like Tardieu, Krafft-Ebing accepted the children’s disclosures as truthful, his focus was the psychiatric assessment of the offenders. In the article, the case histories he had compiled from his own work include two major components: firstly, a description of the subject’s family history which was mostly self-reported by the patient, and secondly, a description of Krafft- Ebing’s psychiatric examination. Both are used to determine signs of degeneration. With this combination of methods, Krafft-Ebing was able to integrate the description of visible signs on the body, which are so prevalent in earlier medico-legal texts, with the use of introspection so as to show dynamic mental states. Krafft-Ebing paraphrased and reflected the dialogue he had with the subject to formulate a finding which was supposed to help determine their moral responsibility. In the case study cited above, which spans almost eight pages, the offender had denied remembering the offenses he had committed. Krafft-Ebing concluded that the man had been suffering from “neurotic states [neurotische Zustände]”811 which included “sudden vasomotoric fits [anfallsweise auftretende vasomotorische Störungen]”812 which were accompanied by “inhibited consciousness [Bewusstseinsstörungen].”813 Krafft-Ebing concluded it was possible, though not certain, that the man could have committed the crimes and not remember them.814 Before reaching this finding, Krafft-Ebing had provided a detailed analysis of the offender’s family history, physical presentation, offense aetiology and collateral information he had obtained from speaking with the subject’s wife who had informed of highly elevated sexual needs during such episodes.815 It seems obvious here that Krafft-Ebing was interested in the offenders’ insight and rationale to learn more about why and how they had committed their offenses. Krafft-Ebing’s use of the case history therefore offers, perhaps for the first time, a combination of signs of physical visibility and a narrative of the offenders’ cognitive processes and rationales for their crimes. Having studied a significant number of crimes of this kind, Krafft-Ebing acknowledged that individual cases of sexual crimes presented with countless variations.816 He therefore sorted them into two larger categories: those committed by individuals who were “morally deprived” but not psychopathological and had engaged in an act of perversity, and those who were definitely psychopathological and exhibited signs of perversion.817 The main distinction he made had to do with primary or even exclusive sexual attraction to prepubescent children. The

142 former category included people, he said, who engaged in sex with children because they lacked the virility or courage to approach an adult woman,818 or because they were “overly satisfied, lascivious, sometimes intoxicated,”819 or “thrill seeking,”820 having engaged in many other sexually abnormal acts out of ennui with normal sexual practices. These people, however, did not show primary sexual attraction to children and were therefore not psychopathological per se. Those who were fitted the diagnosis of Pädophilia Erotica. Ironically and perhaps in critical reflection of the myriad categorical neologisms the budding profession of sexology produced and quickly replaced with others, Krafft-Ebing coined it as a working title, in his own words “for want of a better one.”821 It seems noteworthy here that the current definition of this paraphilia in the Diagnostic and Statistical Manual of Mental Disorders has not changed significantly.822 Contrary to Krafft-Ebing’s own prediction that a better descriptor would come into use, the diagnosis itself has remained fairly stable. The discussion of Krafft-Ebing’s diagnosis of paedophilia erotica has conveyed an example of how the connectivity of the normal and abnormal as per their gradual arrangement on a continuum was rather central in those texts. Following on from this, there emerged fairly readily the hypothesis that normal people could be perverse just out of view.

Secret Perversions in Normal People With perversity being included in the landscape of normal sexuality, Krafft-Ebing’s work showed quite consistently that no one could ever be perfectly normal all of the time.823 In the first of his three essays on “Sexuelle Abirrungen” [Sexual Pathologies] (1905) Freud went even further and expressed the view that both sexual perversion and perversity were present in the normal person. The sexual abuse of children, he said, was more often than not the action of otherwise normal individuals who engaged children in sex for reasons of availability and access. He noted that the offending persons were often teachers and child minders, precisely because their close proximity to children gave them the opportunity to do so, while at the same time they presented as perfectly normal to the public.824 Moll corroborated this opinion.825 Only rarely, Freud said, was there a primary or exclusive sexual interest in children, in which case the individual needed to be considered pathological [geisteskrank].826 To him, sexuality was the “weakest point” of a person’s personality and therefore the most susceptible to abnormality. He argued that as a consequence sexuality could be a person’s only marker of abnormality, presenting as perfectly “average” [dem Durchschnitt entsprechend] in all other life domains. In turn, people who were socially and ethically abnormal were always also sexually abnormal.827 Freud thus established the view that there are perversions disguised under the

143 veneer of normality. Where Krafft-Ebing had acknowledged that temporary sexual pathology could be normal, Freud redefined the normal psyche as innately perverse. Both contributed to the identification of sexual offenders as pathological. Freud in particular helped to establish the view that seemingly normal individuals might be pathological just out of view, under cover of secrecy. Responses to those early contributions to the study of sexual pathologies pointed out that the exclusive focus on markers of abnormality might not adequately describe the entire scope of inquiry. Moll remarked that many phenomena [Erscheinungen] had been ascribed exclusively to an abnormal aetiology, when they could “just as well have been observed in the qualitatively normal sex drive [qualitativ normaler Geschlechtstrieb].”828 Researchers had prioritised the study of pathological sexuality without also considering normal sexuality, which had resulted in unbalanced interpretations of behaviour, particularly in childhood.829 This, he said, had happened because detailed written observations of the normal were lacking.830 In line with this view, later publications did incorporate the normal as a kind of measure for assessment. Sutton describes how researchers who had been engaged with questions of sexuality gradually shifted their focus from an emphasis on sexual pathologies to more generic explorations of normal sexuality so as to achieve increased balance and credibility.831 Publications such as Havelock Ellis’ substantial Studies on the Psychology of Sex (1897-1928), were decidedly speaking to a wider audience.832 In 1908, Moll praised Ellis’ text and declared that it constituted the most comprehensive scientific study of the normal sex drive to date.833 The broadening focus, says Sutton, could also be considered a “strategic move”834 to underscore increased relevance in the landscape of modernity and further cement sexology’s raison d’être. Since the fin de siècle, sexuality had increasingly come to be viewed as an essential part of an individual’s personality.835 Whilst implicit assumptions about alignment between normality and what is today framed as heterosexuality836 continued to prevail, the discussion regarding the purpose of the sexual drive became much more contested. Overall, most researchers now conceded that the pursuit of pleasure did have a substantial role in normal expressions of sexuality and could be regarded as an objective in its own right. This acknowledgement put into question earlier demarcations of normal and pathological sexual behaviour.837 One prominent example would be the discussion of masturbation. While masturbation had been characterised in the nineteenth century not just as the ultimate evil but also the cause of many physiological and mental ailments,838 Moll was now able to claim with confidence that “the dangers of masturbation have often been exaggerated.”839 He asserted that it was not harmful for health in any way,

144 unless it was done excessively whereby physical injury to the genitals could result, and in rare cases, “neurotic shock [neurotische Erschütterung].”840 Freud made it quite clear that the sensory pleasure young children experienced from touching sensitive areas on the body made childhood masturbation rather easy to discover and its regular practice common.841 Given that there had been considerable interest in masturbation as manifestations of abnormal sexual impulses which often commenced during childhood, changing evaluation of its meaning called for further explorations of developmental sexuality. It makes sense in that regard that another point of contestation amongst researchers in sexology and psychoanalysis was whether expressions of sexuality in childhood could be seen as normal. If the experience of sexual impulses in childhood was normal to human development, then this would have implications for how children experienced sexual assaults by adults, and at times, other children. Since the body and the mind were now considered alongside each other for the development of a science of sex, it seems that childhood sexual encounters which were initiated by adults or other children were deserving of further study within these evolving parameters. Some authors inquired what impacts the experience of seduction could have on human sexual development from childhood to adulthood. The next section explores these considerations in some detail.

Expressions of Sexuality from Childhood One hypothesis central to the study of sexology and psychoanalysis was the notion that sexuality expressed itself from childhood. Many researchers aimed to learn more about their subjects’ earliest sexual memories, which they regarded as central for their scientific inquiry about adult sexuality, in particular when there was evidence of pathology.842 Thus Krafft-Ebing asserted that the sexual drive or instinct [Geschlechtstrieb] 843 could present from childhood,844 even though to him this was in most cases still closely tied to masturbation as an expression of neuro-psychopathological degeneration [erbliche Belastung].845 Lombroso had made similar comments.846 Moll informed his readers that he had observed childhood sexuality in some children as early as one year of age.847 He suggested that what children learn about sex is also determined by the environment in which they live and develop. Easily excitable, they were vulnerable to exploitation by adults who were sexually attracted to them.848 Contrary to Krafft-Ebing, however, Moll regarded expressions of childhood sexuality as the norm rather than the exception. He discussed normal expressions of sexuality as developmentally appropriate for older children, from about seven or eight years of age,849 while Freud expressed the conviction that they occurred much earlier, from birth, in fact,850 and were

145 observable with regularity from about three to four years of age, after a period of sexual amnesia which set in shortly after infancy.851 Arousal could occur for reasons both congenital and accidental, said Freud in the second of his Drei Abhandlungen, “Die infantile Sexualität” [infantile sexuality].852 Seduction by adults in close proximity or by other children could cause young children to experience “premature […] satisfaction of the genital areas”853 which resulted in masturbatory renewal which was compulsive and tended to be repeated regularly.854 Furthermore, it seemed reasonable to expect, Freud and Moll both said, that close proximity to other children and lack of adult supervision could be enough to lead to observable early sexual feelings arising between them.855 Probably the earliest text which specifically addresses sex between children — other than mutual masturbation — was published in 1895 by Wilhelm Stekel with the rather blunt title Über Coitus im Kindersalter. Eine hygienische Studie [On Coitus in Childhood: A Hygienic Study]. Published seven years before he and Freud met,856 the text appears to be in line with other publications of the nineteenth century that had closely associated masturbation in childhood with both adult pathology and somatic illness.857 Contrary to common knowledge, however, Stekel claimed that coitus between children occurred “gar nicht selten [not at all rarely].” It just was not something that many researchers on the subject seemed aware of, nor were they particularly interested in it.858 In the text, the female relative or child minder features again in the role of “seductress,” whose initiating bad influence on the child led to a lifelong habit both undesirable and dangerous. Stekel mentioned a case by his colleague Eduard Henoch who ascribed regular infantile masturbation by a seven year old boy to repeated experiences of sexual assault. At five years of age, he had been “used” [gebraucht] by a female relative while sleeping in the same bed as her. The child had proceeded to masturbate regularly since this experience.859 The practice of regular masturbation, said Stekel, was extremely common in childhood. Not only that, Stekel alluded to his own experiences and memories while he claimed that roughly “every second person would remember certain proceedings or developments [Vorgänge] during childhood […] which turned out to be the beginnings of the sex drive.”860 Children could be either seduced by adults around them or discover such practices by accident, often by being left too much to their own devices.861 Sex between children also occurred, said Stekel but full penile intromission was rare.862 In line with the common tenor of nineteenth century publications on masturbation, Stekel maintained the consensus that such practices, both masturbation and coitus, were harmful for general health and needed to be controlled and monitored. He provided a list of recommendations which, he proposed, needed to be implemented in the spirit of general hygiene, “to save” these children from future ruin. This

146 included not having children of the opposite sex share a bedroom and not having female servants [Mägde, which is distinctly female] and governesses [Gouvernanten] share the bed with children.863 Perhaps a testament to the great interest of researchers in the sex drive, Moll published a text in 1897 titled Untersuchungen über die Libido Sexualis [Examinations of the Libido Sexualis]. His contribution aimed to explore in more detail what encompassed semantics in the study of sexology and acknowledged that the term “Geschlechtstrieb” [sexual drive, sexual instinct] could mean a lot of things to different researchers. This he said, included procreation, neurological responses to pressure on the genitalia, and intimate relationships between the sexes.864 Moll wrote that children are able to feel sexual pleasure well before puberty, which could be both sensory and formative.865 He was aware of cases where children as young as one or two years of age had been found masturbating, and that there were children who engage in acts of sexual stimulation with other children.866 These are textual examples which highlight that researchers who contributed to sexology where interested in studying the sexual drive from childhood. Freud was one of them, but certainly not the only one, although it seems that he rather enjoyed ownership of this discovery, for example when he claimed in 1905 that “no author has […] clearly recognised the regularity of a sex drive in childhood.”867 Similarly to his framing of hidden or secret perversion in normal people, he declared that the sex drive in children was “polymorph-perverse”868 and that they could thus be seduced to engage in all kinds of sexual excesses. This was because they were not yet able to differentiate or choose their sexual object with certainty. Interestingly, Moll and also Bloch highlighted on this point that the perception of innocence and vulnerability was precisely what paedophiles found arousing about them.869 Children, Freud explained, lacked both experience and education to be able to apply mechanisms like shame or disgust, since they had not yet learned to practice cultural restraint. To Freud, children were easily led and unable to distinguish normal from pathological behaviour.870 This, he said, was not dissimilar to “the uncultivated average woman”871 whose polymorph-perverse predisposition had been preserved into adulthood. Such women, Freud announced, could be easily seduced to enjoy all kinds of sexual perversions. He asserted this was true for many women both working in prostitution and those who “had been able to avoid the profession.”872 Reminiscent of earlier writings I have discussed in this thesis, Freud’s rather misogynist statement was in line with patriarchal views of his time, according to which women’s sex drive and sexual expression was rather like that of children, fairly primitive and most of all, uninhibited. These authors’ contributions introduced the idea that sexuality and childhood could be

147 discussed in alignment. Consequently, they also deliberated about who might have initiated such encounters: If sexual experiences from childhood were to be considered normal or at least common, some children might start to actively seek them out, because they had enjoyed their first sexual encounter. So suggested Moll in his 1908 text Das Sexualleben des Kindes that some children were frühreif [early developed in a sexual sense]. Bloch made similar comments.873 In the case of women offenders, he speculated such early sexual readiness in young boys would aid adult women who felt attracted to them to sexually offend.874 Moll explicitly expressed the opinion that children could and did at times initiate sexual encounters with adults,875 but stressed that the legal protection of children was absolutely necessary and that moral and legal responsibility rested with the adult876 who needed to take care not to spend time with children in potentially compromising situations, which in some cases could lead to both immoral temptations and false accusations.877 In earlier texts, expressions of childhood sexuality were predominantly discussed under the banner of masturbation as a vice and sign of potential pathology in adulthood. Progressively, this view changed through the work of sexology and psychoanalysis. What was revolutionary in the thinking about childhood sexuality in these texts was that there was growing acknowledgement that sexual expressions in childhood were not only widespread, but that they were part of normal human development.878 Most of the key texts for this chapter mention women who had for their own gratification sexually “seduced” [verführt] children. These children had then commonly engaged in masturbation and at times in sexual practices with other children. The next section will explore the profiling of women as sexual offenders in these textual examples and make a claim that their authors considered the sexual offending against children by women entirely thinkable.

The Discussion of Sexual Offending by Women in Early Texts of Sexology and Psychoanalysis At the turn of the twentieth century, some authors emphasised that mental illness and pathology affected men and women equally, albeit in different ways. Charcot and Magnan, for example, made this claim and stressed that they therefore displayed degenerate behaviour equally as often.879 Their case study of a young woman who was sexually attracted to her three year old nephew I cited in chapter one is an example of this. According to this theory, mental illness was intimately connected to criminal behaviour. Whilst there might be rather gendered offending patterns, these authors highlighted the fact that the consequences of their offending

148 were similarly serious. Some of the German language sources corroborate this assumption quite thoroughly.880 Several sources I have studied for this chapter explicitly emphasise that women were just as capable as men of sexually offending against children.881 They were quite convinced that these women exhibited signs of pathology and discussed them as deserving of scientific study. Krafft-Ebing listed cases of female sexual abuse in Psychopathia Sexualis, specifically in regards to incest.882 Again, the case studies of this kind in Psychopathia Sexualis reflect the fact that Krafft-Ebing was intimately familiar with authors of French legal medicine, from which most of the cases were cited.883 The small sample he presented on the very last two pages of the text actually features women as offenders more often than men. Although he acknowledged the behaviours described in these case histories as “deeply disturbing [tief verletzend],”884 he conceded that female perpetrated sexual abuse had remained, for the most part, “psychiatrically unexplored [psychisch unexploriert].”885 Bloch even proposed that mostly “persons of the female sex [Personen weiblichen Geschlechts]” were responsible for the sexual abuse of very young children, because that allowed them to indulge in their “sexual lust [Lüsternheit]” without falling pregnant.886 He conceded that this kind of abuse by women often went undiscovered because it occurred in secret.887 Freud commented along those lines in the first of his three essays that the love life of men was much more accessible to scientific study than that of women because women were conventionally secretive and dishonest due to their “stunted cultural development [Kulturverkümmerung].”888 The study of their sexuality, he said, remained therefore “shrouded in impenetrable darkness [in ein noch undurchdringliches Dunkel gehüllt].”889 One might argue today that what was conventional about this statement is that this very view was so conveniently aligned with patriarchal sentiments. Freud was by no means alone in holding this opinion, however. Ellis commented that the love life of men was also physiologically more obvious, “out in the open,” so to speak, whereas that of women was much less visible.890 The view that women’s internal workings both in body and mind were difficult to access seems to have been corroborated not with tangible evidence, but with a lack thereof which successively invited historical actors to turn this assumption into a “fact.” These texts seem to indicate that their authors considered men and women equally capable of committing sexual offenses against children, which marks a point of difference to contemporary discourse on child sexual offending. Current research on child sexual abuse often features commentary about its gendered “nature” as a precursor to an actual investigation of it. Most contemporary sources highlight that men are responsible for the great majority of these

149 kinds of offenses. As I have pointed out earlier in this thesis, this has been thoroughly supported by surveys and statistics. But even as this is said, there need to be concessions made about possible crimes occurring in secret. This creates considerable obstacles for investigating crimes which many have acknowledged often occur while nobody else is around. The absence of evidence does not always mean evidence of absence in these situations. The idea that there are secret perversions at play in seemingly normal people, so central to Freud’s account of pathology, becomes vital to this particular narrative. And for Freud that applied to both men and women. Micale shows that he proposed the theory of psychoanalysis in gender neutral fashion.891 The passages I have studied where Freud mentioned adult women as sexual seducers of children contain no comment at all on the relative proportions of women and men. It is not my aim to engage in an inquiry about “truth” or “reality” as there are so many variables which stubbornly resist such endeavours. I simply wish to describe how authors of such earlier texts were willing to think that sexual offending by women was not only possible, but occurred with some regularity. To my knowledge, the authors whose texts I have studied for this inquiry did not explicitly commit to the assumption that men sexually offended more than women did. Krafft-Ebing’s presentation of more cases involving men could make it appear so, since he had not himself worked with women who fitted the diagnosis of paedophilia. But he could not be sure, precisely because the study of women offenders was not very advanced.892 The few cases he had found in the literature, including the case study by Charcot and Magnan I have cited in chapter one,893 were enough for Krafft-Ebing to suppose that “the appearance of this anomaly in women”894 had been proven. Similarly, Moll declared that it was “less well known but much more prevalent than most people would think”895 that there were cases of women who were sexually attracted to prepubescent boys. If they happened to be with them in a role of authority, they might teach them mutual masturbation, for example.896 One narrative which features repeatedly in these texts is the danger posed to children by female domestic employees like servants, governesses and nursemaids. After all, Freud made this a key scenario of his 1896 paper: There were “numerous cases,” said Freud, where an adult in charge of the child, like a “nursemaid, governess or tutor - and unfortunately all too often, a close relative”897 initiated sexual engagement and continued to sexually abuse the child, at times for many years. In another text, Freud also revealed that he believed that “his libido had been aroused by his nursemaid.”898 Not only did these authors seem sure that seduction by servants, nursemaids and governesses was no rarity, this was actually a narrative thread which had transitioned to the German texts from earlier French sources, as I aim to show with the two case examples that follow.

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Child Sexual Abuse by Servants, Nursemaids and Governesses: Two Case Studies A particular kind of scenario in which women could sexually abuse children recurs both in texts written by French medico-legal professionals and later works of sexology and psychoanalysis: this is the female domestic employee in the role of “seducer” of children. The acts themselves could vary in severity. For example, Moll declared that at times, servants or nursemaids would engage children in sexual acts, either in order to calm the child or as part of reckless play, perhaps initiated through misguided curiosity.899 The French sources frequently discussed the harmful influence of domestic servants who were often recognised to be members of the “dangerous classes.” This discourse warned that contact between domestic employees and the children of bourgeois families had the potential to bring about moral corruption of the young and innocent and teach them vicious habits like masturbation.900 Even more serious were situations where children were sexually abused for the gratification of the adult. Moll cited as an example a case which was first reported by Tardieu,901 who had been involved as the court appointed medical professional to provide an examination report for a high profile case in Paris. Female servants had sexually abused a seven year old girl and a five year old boy. It appears that Moll summarised this case from a reading of Krafft-Ebing’s Psychopathia Sexualis. Krafft- Ebing reported that it is not uncommon for boys to be abused by lustful women who perform conjunctio membrorum with them in order to satisfy themselves through friction or masturbation. Tardieu has experienced one of the most horrendous examples. Housemaids, in association with their lovers, masturbated children entrusted to them, performed cunnilingus with a seven-year-old girl, inserted beets902 and potatoes in vaginam and a two-year-old boy903 in anum!904

The repeated citing of this case study by some of the German texts discussing child sexual offenders indicates that their authors commonly accepted what their French predecessors had described. It made sense to them that environmental factors in which these offenses occurred within the home included questions of access, opportunity and secrecy.905 The historical reading, it seems, prioritised the women who were employees of the household and had access to the children as more responsible, as is apparent in Krafft-Ebing’s citation of Tardieu’s case. At times, authors would explicitly foreground the women as the instigators and agents of child sexual abuse who had actively encouraged their male lovers to co-offend. Thus Granier reported a case study which in 1881 had caused “the great scandal of Bordeaux [le grand scandale de Bordeaux]”906 for its immorality and obscenity. Granier remarked that no newspaper in Bordeaux at the time had reprinted the case material in its entirety due to the gross indecency of its content.907 His account of the affair is laced with racist and sexist

151 commentary which, rather standard for the time, implied both sexual precocity and the greater likelihood that members of certain cultural, age, and gender groups would engage in degenerate and obscene acts.908 According to Granier, the sexual abuse of the children of a Creole family had commenced when the twenty-five year old Basque servant girl, Mari L. who had been employed by the family for three years had lured the ten year old daughter and eight year old son into her room. Once there, the servant took off all her clothes and got the children to take off theirs and dance naked. She proceeded to engage the children in “touches and caresses of all kinds that she made them practise on her and between themselves [attouchements et ... caresses de toutes sortes qu'elle leur fit également pratiquer et sur elle et entre eux].”909 Then, said Granier, she decided to offer the children up to her sixty year old male lover who was a pharmacist [un pharmarcien]910 and to a retired senior officer [un officier supérieur en retraite].911 The pharmacist had provided narcotics in the process and a fifty-seven year old procuress, whose “elegant statue and remarkable elegance”912 she exhibited “despite” her Jewishness, had provided the space in which the children were sexually exploited. The abuse continued for almost a year before the parents noticed. It all came out when the little boy whose first communion was imminent, went to confession and disclosed the information to the priest who then encouraged the boy to tell his father. The older sister, whom Granier had already marked as “early developed and precocious” due to her Creole heritage, did not corroborate her brother’s disclosure for a long time until eventually she also told her father.913 Clearly, the narrative identifies Mari L. to be the instigator and agent of the abuse who had organised a network of other questionable adults to co-offend with her. In the narrative, her moral degeneration is amplified by her cultural heritage which indicates peasant coarseness in morals and character. While the sexual abuse of the children was occurring, Mari L. was also embroiled in an indecent affair “contre nature [contrary to nature]”914 with the pharmacist’s cook who was “a hideous girl”915 and “resembled an idiot,”916 further cementing the impression that Mari L. was a degenerate character. Granier indicated with his racist and sexist commentary that this household had become subject to contamination by one of the dangerous classes, who had conspired with a Jew and two geriatric perverts917 and brought scandal and shame upon the family who had been vulnerable due to the racially predetermined sexual precociousness of its young. In contemporary child protection practice, it might seem much more plausible to assume that the male lovers who had taken part in these offenses would be held responsible, again implying dynamics of “coercive power and control,” a phrase that currently seems to dominate contemporary child protection practice.918 Here, however, historical actors firmly attributed

152 responsibility to the women in the scenario, who in their narrative appeared to have initiated the child sexual abuse and actively involved both the children entrusted into their care and their male lovers. In the rest of this chapter I will continue to focus on subjective experience, but will shift my attention from those who had sexually offended against children to the children themselves by discussing an emerging awareness of signs of psychological trauma in those who had experienced child sexual abuse.

A Wound of Body and Mind: The Impact of Sexual Abuse on Children “Freud […] believes that sexual attacks on children can cause severe neurosis […].”919

This is the rather bewildered comment Albert Moll made in relation to Freud’s claim children could experience disturbing psychological shock as a result of sexual abuse and become mentally unwell later in life. In his text The Sexual Life of the Child, Moll advised there were significant consequences for children resulting from an experience of sexual abuse. Much like his French predecessors and contemporaries, however, he focused predominantly on physiological and moral effects that could impact children negatively and stunt their development. He included corruption of character leading to sexual perversion, child prostitution, habitual sexual practices from an early age, premature pregnancy, and sexually transmitted infection.920 Wounding effects on the psyche, on the other hand, Moll did not consider to be the subject of a credible investigation, especially when the children were very young. Indeed, he commented that often cases of “paedophilia did not have any impacts on the child”921 because the child did not even realise the sexual intent behind those “little caresses.”922 Moll made it quite clear that he had his doubts about Freud’s claim, questioning its validity and openly wondering whether psychoanalysis could actually be called a science.923 The so-called case studies of patients Freud had published to verify a pathway to neurosis, Moll said, were not convincing at all.924 Instead, he speculated that “a lot had been read into the patients during examination [in die Patienten hineinexaminiert]”925 by the suggestive enthusiasm of their analyst to collect evidence that would support his theory. It was also possible, Moll supposed, “that their delusions of memory are not sufficiently taken into account,”926 leading to case narratives which were flawed through their reliance on the patients’ ability to sufficiently remember and accurately report information. Much has been written in relation to methodical use of patients’ subjective memories in psychoanalytic therapy, deliberating whether they are repressed, thwarted or plain false.927 In

153 his 1999 article “Neurotica: Freud and the Seduction Theory,” Mikkel Borch-Jacobsen claims the widely reported anecdote that Krafft-Ebing had called Freud’s seduction theory a “scientific fairy tale”928 which “had nothing to do with the content of the ‘scenes of seduction’ alleged by Freud, but with the way he obtained them from his patients.”929 Freud’s colleagues and predecessors were very much aware that children could be subjected to sexual attacks, as I have shown. Furthermore, I discussed at length the discourse about children and hysterical women’s unreliability in relation to truth-telling that was remarkably dominant in medical writings of the time. The reticence Freud experienced in response to his paper was not about content but process. Freud’s patients, Borch-Jacobsen argues, in their eagerness to please the good doctor, had told him what he wanted to hear in order to make their life stories fit his theory, not the other way around. This is precisely what Moll had suspected over ninety years earlier.930 What some of Freud’s colleagues grappled with and partially rejected, therefore, did not have to do with the prevalence of child sexual abuse per se, as Moll’s critique shows. It was more about the highly speculative process Freud had applied with his patients and then described in the paper while presenting psychoanalysis as a scientific method with a claim to medical validity. It might be worth noting in that regard that Freud had reached his conclusions from his interactions with patients in confidence, without others present to witness them. Furthermore, patients themselves often doubted their memories were accurate.931 So, in essence, then, these men of medicine were expected to take Freud’s word for it, when nobody else had connected child sexual abuse with either hysteria or psychological wounding at the time. Freud himself anticipated as much, as he surmised in the paper: Is it not very possible either that the physician forces such scenes upon his docile patients, alleging that they are memories, or else that the patients tell the physician things which they have deliberately invented or imagined and that he accepts those things as true?932

The response Freud then offered to this rhetorical question actually was that such doubts could only be removed “once a complete presentation of the technique and results [of psychoanalysis] is available.”933 This indeed suggests that Freud requested of his colleagues to have faith in a method yet to be fully developed. The content of those “scenes of seduction” Borch-Jacobsen mentions refers to a thread in the secondary literature. Freud developed his “theory of seduction” which he presented in his paper Über die Ӓtiologie der Hysterie [On the Aetiology of Hysteria] to his colleagues at the Verein für Psychiatrie und Neurologie [Society for Psychiatry and Neurology] in April or May 1896 in Vienna.934 This is where Freud first proposed publicly that many of his patients who

154 presented with symptoms of hysteria had been sexually abused early in childhood and as a result developed a neurosis as adults, with the onset of symptoms typically occurring during puberty.935 He claimed that intense analytic work with his patients had revealed unconscious memories of traumatic events which they had repressed for their own psychological protection. These events, Freud said, were always sexual, always infantile, and always due to sexual abuse by adults in the first instance, often by a woman who sexually abused a young boy.936 Most such experiences which formed the disposition for hysteria, Freud proposed, had commonly happened very early, from age two to four years.937 From childhood to puberty, sufferers then created unconscious associative memory chains [Assoziationsketten, Assoziationsfäden] which interconnected from the initiating event and eventually triggered neurotic symptoms.938 The psychoanalyst’s task, said Freud, was to work backwards and trace the initiating event from the onset of the symptoms via the associative chains. Such chains were not neatly arranged but followed a sort of capillary system or pathway.939 Along those lines, Freud conceded it would be rather easy to find adults who were not ill but could remember “scenes of sexual seduction and sexual abuse in their childhood years, and yet who have never been hysterical.”940 This was because those who consciously remembered such experiences as children, said Freud, were usually not ill.941 In contrast, memories of childhood sexual abuse amongst those who suffered from hysteria were always unconscious,6 because the process of repression contributed to illness [Erkrankung].942 The use of psychoanalysis would help patients change such unconscious memories into conscious ones and thus provide a cure. At the time Freud presented the paper, he had been engaged in the study of hysteria for over a decade. This included an internship with Charcot at the Salpetrière in 1885-1886 and a collaboration with Joseph Breuer which resulted in the publication of Studien der Hysterie [Studies on Hysteria] in 1895.943 This time was marked by periods of intense study and theorising, actively seeking to better understand both symptoms and potential pathways to a cure of hysteria which included highly experimental processes and the study of hypnosis. Some of the most prominent hypnotists such as Pierre Janet focused intensely on unconscious memory recovery, including traumatic memories.944 The work generated during the decade preceding the paper presentation in 1896 was both formative and important for Freud’s professional development and essentially created the basis for psychoanalysis, as Micale emphasises.945 Many secondary texts focus in particular on Freud’s proposition in the 1896 paper that an

6 Italics in original text

155 experience of sexual abuse in childhood could have something to do with psychic trauma and serious mental illness later in life. Thus far, the thread appears to be fairly congruent. Contestations in the literature are more about what happened after that. Twenty-nine years later, Freud, after having commented privately about it from 1897,946 officially acknowledged that many of the “scenes of seduction [Verführungsszenen]”947 had not taken place and were fantasies his patients had made up.948 Moreover, he advised that many of his female patients had described seduction by their father, uncle or older brother949 and that these scenes in particular were fantasies. A strong hypothesis in the secondary literature has thus concluded that Freud retracted his claim that “real sexual abuse” was at the root of neurotic illness and instead suggested his patients had become ill as a result of sexual phantasies950 and that this had then helped to repress the large number of cases where children had been sexually abused, often by male relatives, in an effort to protect patriarchal dynamics which had resulted in the continual oppression of women. Pressure from his colleagues and fear of professional exclusion, even annihilation, had apparently motivated this move. It appears that as a result of this narrative, those most deeply engaged in trauma work now detest Freud, as Hacking observes.951 Feminist activist and writer Florence Rush called his apparent renunciation of sexual seduction in childhood “a Freudian cover-up” in 1980.952 Judith Herman agrees with her about this in her text Trauma and Recovery,953 first published in 1992, calling it a “denial of women’s reality,”954 which made psychoanalysis “a study of the internal vicissitudes of fantasy and desire, dissociated from the reality of experience.”955 Herman’s book has proven to be highly influential for political awareness raising and treatment of trauma caused by child sexual abuse.956 Masson describes Freud’s turn away from the seduction theory by seeking proof in both published and previously unpublished documents in his book The Assault on Truth: Freud’s Repression of the Seduction Theory.957 This includes a series of letters from Freud to Fliess which had been redacted from previous collections and were never intended for publication958 in an attempt to withhold crucial passages from public scrutiny, Masson argues. Indeed, many psychoanalysts themselves have held firm to a focus on infantile sexual fantasies, as Kervin Kaye observes.959 The narrative of Freud’s “backflip” from seduction to fantasy, has however been so often repeated that it seems to have taken on the appearance of a trope that is itself quite seductive: for the psychoanalysts, it provides a simple explanation on which to base their therapeutic interest in their patients’ intrapersonal shortcomings and the treatment of fantasies rather than to believe their disclosures of child sexual abuse. As a result, those who had experienced sexual abuse as children often were not believed and did not receive the help

156 they needed. As Rush and also Herman have convincingly argued, patients were treated not for the emotional wound they suffered at the hands of others, but for their own deficiencies which firmly placed responsibility both for their neurotic symptoms and restoration to health with them, not others. This positioning has helped to defend patriarchal family structures and at times perpetuated suffering of those who were oppressed within them. Many have argued that the secondary abuse patients suffered by systemic responses to their disclosures could in some cases be worse than the sexual abuse itself.960 Similarly, a tendency within second wave feminism to cast Freud as the ambitious Jewish doctor with limited options who had once chosen professional success over the protection of female victims of sexual abuse has had lasting consequences. Over time it has helped to ignite collective anger and channel it towards activism. As Hacking notes, highlighting the long disregarded emotional damage that child sexual abuse had caused mostly female victims was directed at changing the established dynamics of patriarchy.961 Whilst this progression of events is narrated in fairly neat linear fashion in a number of texts, the hypothesis itself appears to not have been sufficiently examined. A critical reading of the original texts by Freud shows there is inaccuracy and incompleteness in this narrative which has been simplified and shortened, cutting out many moments of doubt, oscillation and uncertainty which seem to have been part of Freud’s discursive struggle. Many have acknowledged that throughout his career his writings have been marked by contradiction, vacillation and ongoing doubts.962 Freud stressed rather often that he was presenting preliminary findings that could be subject to further revisions.963 Even in the passage from 1925 cited above which stems from his autobiographical essay “Selbstdarstellung [translated as “An Autobiographical Study”]” Freud speculated about whether he might have accidentally been complicit in suggesting these scenes of seduction to his patients and unintentionally caused the development of a false memory. He concluded in the end that he did not think so,964 but could not be certain. He also maintained that actual scenes of childhood seduction did occur and that often other children had been the instigators.965 I argue, therefore, that this narrative as it appears in the literature today suggesting that Freud had somehow flicked a switch from belief to disbelief was not just a purposeful or strategic move on his part to exonerate fathers and protect patriarchy. Even if he had in fact done what he has been accused of doing, he could not have anticipated the implications of his tentative theoretical proposals and how they would shape multidisciplinary discourses of the twentieth century. Instead, it appears that the repeated and simplified retelling by both followers and opponents of psychoanalysis of how the seduction theory came to be recanted has helped to ascribe sole responsibility for its unintended

157 consequences to Freud alone, not altogether fairly. Furthermore, these texts do not actually explain how sexual offences against children which were committed by women or other children fit with the assumption that Freud made his move to protect the notion we call “patriarchy” today. If anything, the intense focus on fathers as offenders has had a consequence that disclosures of child sexual abuse by women regressed even further into obscurity and came to appear otiose. Having carefully studied some of Freud’s key writings in regard to infantile sexuality and psychological wounding from sexual abuse, I do not concur with the claim that Freud denied the seduction theory. On the contrary, he reinforced the “central and long lasting meaning”966 of childhood seduction in the second of his three essays and acknowledged it occurred with such frequency that he could not be sure an experience of it alone could be the source of a neurotic illness. This was precisely because he was aware that many individuals who in adulthood did not have any significant symptoms of neurotic illness remembered having been subjected to sexual abuse as children as well.967 He remarked that Ellis had published a series of autobiographical reports by adults who “had remained [sexually] normal” and who had remembered such events.968 Rather than denying sexual abuse was a reality, Freud merely acknowledged that he had initially overestimated the psychological impact such events had on young children and now believed that the greater damage happened through the development of sexual phantasies and incestuous desire. Freud reiterated this view in “Meine Ansichten” which was published in 1906, now indeed claiming he had overestimated the initial frequency of childhood seduction and was now more focused on harmful impacts of shame and repression which were connected to phantasies and false memories.969 Freud did not deny childhood sexual abuse was a reality for many. Others have recently shared similar evaluations of Freud’s writings.970 Ruth Leys recognises that Freud never actually claimed that the symptomatology some adults experienced as part of neurotic illness in adulthood stemmed from the actual event of sexual abuse.971 Rather, Leys eloquently discusses how even at the height of Freud’s commitment to the seduction theory, he did not identify that it was the actual event itself which caused traumatic distress, but its delayed resurgence as a memory once the patient was developmentally able to grasp its sexual meaning.972 Indeed, Freud stressed in Die Ӓtiologie der Hysterie that the actual events of sexual abuse in early childhood do not cause hysterical symptoms “immediately, but remain without effect to begin with and only exercise a pathogenic action later, when they have been aroused after puberty in the form of unconscious memories.”973 The damage was done not by the actual abuse, but by unconscious memories of it. Such memories, Freud outlined, over time formed the associative

158 chain as a pathway from initiating event to neurotic symptomatology and represented a deferred act of understanding.974 So it appears that the reason Freud’s theorising about trauma has gone out of fashion with contemporary trauma theorists is largely based on one of many tentative speculations Freud put forward in his later work concerning the seduction theory. I have attempted to show that while Freud’s conceptualisation of emotional wounding and neurotic illness was subject to contradictions and revisions, he is not solely responsible for ongoing dismissals of child sexual abuse disclosures as sexual phantasies or false memories which continue to occur today. As I have shown in this thesis, many of Freud’s predecessors and contemporaries strongly expressed the view that children and women’s testimonies about sexual assault were utterly unreliable. The list of professional names includes, apart from the French sources I have discussed in preceding chapters, Moll and Bloch.975 Indeed, what was so remarkable about Freud’s work was that for the first time, psychological and emotional impact of child sexual abuse on those who had experienced it was seriously considered as an object of study with far reaching consequences. Freud “cemented” the idea that sexual assault could cause psychic trauma [schwere Traumen].976 In the working environment in which both sexology and psychoanalysis emerged, theories were subject to ongoing revision, and fraught with ambivalence and doubt. The dynamic working environment of a new field of study enabled its actors to think sex and psychology, infantile sexuality and trauma in pairings. This move away from a very powerful discourse of material visibility often required academic courage to explore areas of inquiry not previously considered. Having to balance this with professional politics in which one’s career could be implicated was a difficult task at times and one that some were more successful at than others. Freud certainly succeeded in that his work has continued to prevail. After all, Hacking reminds us of “the fact that Freud transformed Western consciousness more surely than the atomic bomb or the welfare state,”977 while the work of his colleague Moll faded into obscurity and has only recently been subject of a number of historical studies.978 Freud often emphasised the progressive aspect of ongoing research, regarding revision as inevitable. The working environment in which key publications of sexology and psychoanalysis were developed both invited and necessitated this kind of progression. In light of this consideration and in pursuit of my general topic, I argue that during the rather emotive contestation of Freud’s movement in second-wave feminist literature, the focus on fathers as offenders has made it harder to recognise that women can and do sexually abuse children. As has been the case in some of the discourses I explored for this thesis, women as

159 offenders have once more been subjugated and contemporary research lacks relevant studies. Having said that, the significant contributions of feminist activism has led to ongoing public acknowledgement that child abuse is a contentious and important social issue in need of an urgent response. Far from being resolved, I have shown that drawing a conclusion from this discourse that all disclosures of child sexual abuse can be safely dismissed as phantasies would be a fatal error of judgement and contribute to secondary or systemic harm for those who have suffered it, let alone the missed opportunity to provide them with much needed support. Indeed, one of the biggest contributors to the delay of such disclosures is fear of not being believed.979 Rush rightly reminds us that children do remember things, not just sexual encounters, at times with fascinating attention to detail.980 Contemporary research on child sexual abuse disclosures emphasises how important it is to believe children when they disclose child sexual abuse, as they rarely make up stories about it, considering the associated stigma.981 As for child protection assessments which consider harm and risk of harm within families, contemporary literature stresses the importance of holistic and contextual assessments of both individuals and their relationships with others over time and that it is crucial to communicate belief and support if a child or adolescent discloses child sexual abuse. The work done in the fields of sexology and psychoanalysis first raised such concerns for thoughtful consideration. Remnants of this discourse remain relevant within contemporary child protection practice.

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Concluding Remarks What the Historical Dimension Offers to Contemporary Concerns Contemporary child protection presents as a practice continually assailed by time pressures. History in this context typically encompasses information collected over one, maybe two generations, with little time and energy left for targeted worry about what happened before then. In contrast to this quite common evaluation of history as an object of study in child protection, I have attempted to show that there is merit in investigating the genealogy of a concept which can inform and nuance contemporary assessments in relation to child sexual abuse. What is more, my inquiry has allowed me to acknowledge and trace the appearance of some uncomfortable tensions which have clear implications for practical interventions. This thesis has investigated the historical dimension of modern concerns about child sexual abuse, with a particular focus on women as offenders. I have done so in an attempt to redress certain conceptual oversights that may have been directly related to the almost exclusive focus on males as offenders. While doing so, the context I have primarily explored has been the domestic space of the family home. The genealogical method, with its rejection of any point of inception or origin and its distinct focus on historical struggles and accidents982 has offered a way of proceeding that has enabled a detailed investigation into the emergence and establishment of present day assumptions about the sexual abuse of children. The few contemporary investigations which do consider a historical dimension regarding child sexual abuse often commence with the appearance of Freud and his early writings about hysteria and then move to discussions of interventions which were developed throughout the twentieth century.983 In contrast to these texts, I have considered early works by psychoanalysts not as my first, but my last point of inquiry. I have done so because I wanted to make a case that investigating the genealogy of writings both earlier than and contemporary with Freud’s opus can provide some important insights about how the epistemology of child sexual abuse developed and solidified over time. In the case of child protection work, this appears to be a history much less well known despite its capacity to illustrate conceptual antecedents which can help highlight the emergence of present day assumptions. Furthermore, it has become rather difficult in contemporary child protection work to consider women as active offenders in cases of child abuse, and in particular, child sexual abuse. The catalyst for my inquiry has been the repeated encounter with a narrative so dominant and ubiquitous that it has become difficult to think about child sexual abuse without it: that the vast

161 majority of contemporary texts describe it as a gendered crime, one in which males almost exclusively feature as the agents in such abuse. I am not trying to argue these claims are wrong, per se. After all, most available research confirms them.984 Since the second half of the twentieth century, feminist writings in particular have underscored the use of male coercive power as one of its most integral features.985 Yet, there are cases of child sexual abuse where women were found to have offended sexually against children. The overarching narrative claims this to be an anomaly, framing it in a way which could inadvertently hinder timely and effective efforts at intervention. Practitioners tend to be at a loss in relation to what to do when they are tasked with addressing this kind of scenario. In contrast to past conceptualisations, it appears that to conceive of women as actively engaged in behaviours that are harmful to children has become almost impossible. I have attempted to show that over time, such ways of thinking about who hurts and abuses children have become increasingly prescriptive and gradually solidified into a hardened concept which communicates the kind of “truth” Foucault has termed erroneous precisely because it presents as unalterable.986 The commonly repeated narratives about sexual offending against children present as both fairly unalterable kinds of knowledge, while at the same time conceding that dynamics of secrecy often hinder straightforward assessments. Adhering to both of these statements at the same time is not possible, however. It may therefore be necessary to consider nuanced alterations to what is commonly known about child sexual abuse. Moreover, the prescriptive way in which practitioners are typically taught about the dynamics of child sexual abuse does not always eradicate tensions, paradoxes and unintended consequences. Due to its distinct scaffolding, this particular discourse inevitably features gender as a marker for binary oppositions in an otherwise grey and rather impure space in which any attempts at clear demarcations can become unworkable. Such spaces retain a degree of impurity because of their potential for secrecy that evades full surveillance and thus form an environment in which children can experience harm at the hands of adults. There is no full insight and omniscience is unattainable. Any singular methods or models designed to help navigate such impure spaces are inevitably based on their developers’ specific views on the matter and therefore bound to be incomplete. Consequently, it seems necessary to accept that what professionals can count on are at best possibilities and likelihoods rather than any kind of truth. Having been triggered by the quizzing of practices in contemporary child protection work, my history has largely focused on France during the second half of the nineteenth century and the first decade of the twentieth century. I have engaged in this genealogy because at the fin de

162 siècle the French were indeed heavily invested in articulating their concerns about social and moral decline, both establishing medicine as a profession essential to informing state legislative efforts and providing vital insights into attempts at slowing, if not reversing the effects of what they perceived to be a national crisis. A detailed analysis of these texts offers an alternative to much of what has been written in the Anglosphere in relation to the history of child abuse, both enriching and contextualising these contributions. My choice of France as the locus of my inquiry was no coincidence: I have observed that in terms of the emergence of thought regarding the protection of children by the state, France, and indeed French medico-legal professionals, were at the forefront of this development at the time. I have sought to historicise some of the discourses in circulation describing child abuse, and more specifically child sexual abuse, by placing them in a dialogue with articulations of ideas about femininity and female sexuality on the one hand and childhood and children’s development on the other. By tracing this particular intersectionality, I have aimed to show that the process of both the governing of bodies, in particular women’s bodies, and the medicalisation of childhood culminated and collided in the emergence of child sexual abuse discourses. This has had direct implications for their positioning in a wider collection of medical texts which discuss topics of hygiene and public health, texts that are directly reflective of concerns about governmentality, in particular practices that involve regulation and surveillance. Foucault has pointed out the double bind of the creation of the hysteric through a process of hystericisation of women’s bodies as unruly, unreliable and dangerous, whilst assigning women not just biological but also moral responsibility for reproduction and parenting which were authorised and delegated by medicine.987 My inquiry has found a striking discord between the infantilisation of women and the increasing accountability they held for the future success and wellbeing of the nation in French medico-legal discourse from the second half of the nineteenth century. Legally, women had very little autonomy or agency in regards to their lives or the lives of their children, yet they became increasingly responsible for raising the next generation of honourable citizens. Holding these two positions simultaneously has created some uncomfortable friction many professionals still grapple with today. While often left unaddressed, the resulting impasse can create a rather disorganised state of affairs, not least when attempting to implement effective child protection interventions. At the same time as the trend of tying mothers’ social status to successful child rearing practices gained more traction, some authors awarded mothers the same capacity for abusive parenting as fathers, deferring to statistics that showed they were as likely to treat their children with cruelty, which often resulted in illness and injury. Taking this further, some French medico-

163 legal practitioners established in their writing that they considered the sexual abuse of children by women entirely thinkable. Indeed, they were able to demonstrate and evidence their findings with the inclusion of some rich casuistry from which I have cited merely a sample in this thesis. Much was at stake in regards to protecting and elevating the family as the “smallest functioning unit of the state.” I have sought to show that this way of thinking is reminiscent of arguments in the historical sources where docile passivity of women was often grounded in “natural order,” or what we call “patriarchy” today. This rather dominant way of seeing has resulted in both an elevation of women’s and in particular mothers’ moral abilities, while at the same time, their identity has been largely expressed in the writings of medical men through descriptions of unpredictable, unreliable, and unstable bodily functions which were closely tied to reproduction. Furthermore, Foucault has argued in his article “About the Concept of the ‘Dangerous Individual’ in Nineteenth –Century Legal Psychiatry” that with the emergence of psychiatry and its increasing claim to relevance in the space of criminal discipline, there developed a “pathology of the monstrous,”988 understanding and eradicating which was the very subject of psychiatry in the court room. Psychiatry as a result “became a sort of public hygiene.”989 It was psychiatry’s role “to control the dangers hidden away in human behaviour.”990 With this development, it became necessary not just to administer a just measure of punishment for the crime but to get to know the criminal. “The integration of the act into the global behaviour of the subject”991 gained increased importance for the evaluation of the crime and for passing judgement with a punishment deemed suitable.992 In the case of women, it has become increasingly apparent that there is a paradox at play which continues to trouble those who need to apply workable concepts to their practice. In a situation where women qualify as criminals by dint of their offending, their highly gendered social profiling directly contradicts the possibility of this finding. It challenges most contemporary assumptions about the virtue of motherhood. It does not help that the published texts from the end of the nineteenth century reflect the voices of medical men discussing subjects whose own voices have largely been lost within this narrative.993 In order to make what we have observed fit with what we know, then, we can argue exceptional and atypical moral derangement or choose to assume that we were mistaken, that we did not see what we saw, as it must be impossible. 994 Where sexual abuse by a woman has been evident, often professionals make a claim that maybe she had “accidentally” offended, was “coerced,” or succumbed to the pressure applied by someone stronger than her. I argue, however, that it is not a matter of automatic assumption, that for the purpose of a balanced and rigorous assessment, practitioners must

164 consider the possibility that there are cases where women assert agency by not adhering to their social stereotyping. This can include making choices that can and do harm others, sometimes their own children. Therefore, an alternative view may be required. As Bourke notes, the idea that women who sexually offend against children are not just imitating men must be taken seriously: they could indeed be living out fantasies about power and sexuality that are quite distinct from what we know about male offending.995 Further study of these dynamics may indeed offer some insights which could help to address this current paradox. As it stands, two rather distinct developments in child protection practice can commonly be observed. Firstly, primary caretakers of children in Australia are most often mothers.996 In contemporary child protection work it appears that often women are held to a higher standard than men,997 holding them accountable for the success of the child protection intervention. This relates in many ways to a practice which continues to assign the responsibility of parenting firmly and primarily to mothers. The resulting struggle for workers, then, is often the question of how they can ensure that they are mindful of the many unintended consequences of this way of thinking. When applied without question to practical interventions, this tends to entail assumptions of cultural privilege and heteronormativity. Secondly, child protection workers can, at times, treat women rather like children. In line with the historical narrative I have traced in the preceding chapters, women are often assessed alongside their children as in need of protection. I argue that this tendency shows a historical interconnectedness to the process of the hystericisation of women whose bodies and sex were thoroughly medicalised during the course of the eighteenth and nineteenth centuries.998 Describing women in this way served to discredit their capacity for agency, as medical professionals helped to infantilise them instead.999 In contemporary child protection practice, women remain routinely typecast as victims, and as a result they are denied agency when workers discover that they have not acted in the best interest of their children. The thought that women are both capable and active in the pursuit of their own interests, even if it means their children experience an impact which could be detrimental to them, goes directly against some of the most openly proclaimed values about good parenting and good mothering. This can result in a lack of consideration of this possibility which then compromises assessment outcomes. I have attempted to trace a history that provides the necessary nuances to make a case that neither higher moral expectations of women nor infantilisation through automatic assumption of victimhood are particularly helpful in child protection interventions. That said, I am far from making a case that what has been done until now has been to no avail and that we have to start afresh. What I hope to have done with my project is to suggest that by way of nuancing,

165 detailing and diversifying the good work that has already been done, I can contribute to assessments and interventions which do not automatically rule out certain possibilities before they could be properly considered. This more often than not means that workers hold a number of hypotheses simultaneously as part of their assessments, implementing a genealogical method where tensions and struggles are explicitly acknowledged. With my learnings from this inquiry, I remain hopeful that we can inch closer to practical solutions towards healing and a better outlook for children, young people and their families who are affected by the perpetuation of oppressive practices, one of which can be recognised as child sexual abuse.

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Notes

1 Albert Moll, Das Sexualleben des Kindes (1908), 199. 2 Ibid., 211-2. 3 See the following examples where authors acknowledge existing ambivalence about whether research on women as possible offenders is even warranted: Wakefield and Underwanger (1991), in Alana D. Grayston and Rayleen V. De Luca, "Female Perpetrators of Child Sexual Abuse," Aggression and Violent Behavior 4, no. 1 (1999): 93; Hetherton and Beardshall (1998), in Rebecca Deering and David Mellor, "Female-Perpetrated Child Sex Abuse: Definitional and Categorisational Analysis," Psychiatry, Psychology and Law 14, no. 2 (2007): 218; Donna M. Vandiver and Jeffrey T. Walker, "Female Sex Offenders: An Overview and Analysis of 40 Cases," Criminal Justice Review 27, no. 2 (2002): 285; Deborah S. Boroughs, "Female Sexual Abusers of Children," Children and Youth Services Review 26, no. 5 (2004): 481; Theresa A. Gannon, Marianne R. Rose, and Tony Ward, "A Descriptive Model of the Offense Process for Female Sexual Offenders," Sexual Abuse: A Journal of Research and Treatment 20, no. 3 (2008): 2; Franca Cortoni and Theresa A. Gannon, "Female Sexual Offenders," in International Perspectives on the Assessment and Treatment of Sexual Offenders: Theory, Practice, and Research, ed. Douglas P. Boer et al. (Oxford and Massachusetts: Wiley-Blackwell, 2011), 35; Brian E. Oliver, "Preventing Female-Perpetrated Sexual Abuse," Trauma, Violence, & Abuse 8, no. 1 (2007): 19. 4 The Royal Commission into Institutional Responses to Child Sexual Abuse was commissioned in 2012 and presented its Final Report at the end of 2017. 5 Vandiver and Walker, "Female Sex Offenders: An Overview and Analysis of 40 Cases," 298. 6 See, for example, Judith Lewis Herman, Trauma and Recovery: From Domestic Abuse to Political Terror (London: Pandora, 2001), 10-20; Ruth Leys, Trauma: A Genealogy (Chicago, Ill: University of Chicago Press, 2000), 18-40; Lois Tyson, Critical Theory Today. A User-Friendly Guide, Third Edition ed. (Abingdon, Oxon, New York, NY: Routledge, 2015), 11-50; as pointed out in Ian Hacking, "Memory Science, Memory Politics," in Tense Past : Cultural Essays in Trauma and Memory, ed. Paul Antze and Michael Lambek (New York : Routledge, 1996), 76-7; Mikkel Borch-Jacobsen, "Neurotica: Freud and the Seduction Theory," October 76 (1996). 7 Sylvia Schafer, Children in Moral Danger and the Problem of Government in Third Republic France (Princeton, N.J. : Princeton University Press, 2015), 7. 8 Harry Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity (Chicago: University of Chicago Press, 2000), 31. 9 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 6. 10 Michel Foucault, The History of Sexuality: An Introduction, trans. Robert Hurley (New York: Random House, 1978), 33; Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 6-8. 11 Children in Moral Danger and the Problem of Government in Third Republic France, 6-7. 12 See the influential text by Philippe Ariès, Centuries of Childhood (Harmondsworth Penguin, 1973), first published in 1962. 13 Ian Hacking, "The Making and Molding of Child Abuse," Critical Inquiry 17, no. 2 (1991): 253. 14 Department of Child Safety, Youth and Women, "Sexual Abuse Practice Kit," (online2019); Lisa Featherstone, "Sexual Violence against Children: A Global Perspective," in Cambridge World History of Violence, ed. Louise Edwards, Nigel Penn, and Jay Winter (Cambridge: Cambridge University Press, 2020), 170; 75. 15 Nikolas Rose, Governing the Soul: The Shaping of the Private Self (London: Free Association Books, 1999), 125; Elise Chenier, "The Natural Order of Disorder: Pedophilia, Stranger Danger and the Normalising Family," Sexuality & Culture 16 (2012): 180-1; Kathleen McPhillips et al., "Understanding Trauma as a System of Psycho-Social Harm: Contributions from the Australian Royal Commission into Child Sex Abuse," Child Abuse & Neglect 99 (2020): 3. 16 Chenier, "The Natural Order of Disorder: Pedophilia, Stranger Danger and the Normalising Family," 177. 17 For a comprehensive discussion of this tension see ibid.; Department of Child Safety, Youth and Women, "Sexual Abuse Practice Kit." 18 Jill S. Levenson and John W. Morin, "Risk Assessment in Child Sexual Abuse Cases," Child Welfare 85, no. 1 (2006): 63; Steven Angelides, "Sex and the Child," Meanjin 63, no. 4 (2004): 28. 19 For an excellent exploration of government, social policy and public concerns and representations in the media, see Julia C. Davidson, Child Sexual Abuse : Media Representations and Government Reactions (Milton Park, Abingdon, UK and New York: Routledge-Cavendish, 2008). Also see Hacking, "The Making and Molding of Child Abuse," 255-6.

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20 See Section 13 of the "Queensland Child Protection Act 1999," (Queensland Government, 2017), 36-40. 21 Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report " 20; For an excellent summary regarding the learnings from the Royal Commission, see McPhillips et al., "Understanding Trauma as a System of Psycho-Social Harm: Contributions from the Australian Royal Commission into Child Sex Abuse," in particular on this point, 4. 22 Hacking, "The Making and Molding of Child Abuse," 257. 23 See, for example, Herman, Trauma and Recovery: From Domestic Abuse to Political Terror, 96-114; Bessel A. van der Kolk, The Body Keeps the Score: Mind, Brain and Body in the Transformation of Trauma (United States: Penguin, 2014), 123-35; Joanna Bourke, Rape: A History from 1860 to the Present Day (London: Virago, 2007), 6. 24 Official definitions for child sexual abuse vary both nationally and internationally This has implications for ongoing research efforts because the margins of what constitutes child sexual abuse in accordance with those definitions are different; see for example the Queensland Department of Child Safety, Youth and Women definition of child sexual abuse https://cspm.csyw.qld.gov.au/glossary#sexual-abuse and, in comparison, the definition by the World Health Organisation, "Violence and Injury Prevention," https://www.who.int/violence_injury_prevention/resources/publications/en/guidelines_chap7.pdf; also see for further discussion: Bourke, Rape: A History from 1860 to the Present Day, 214; Featherstone, "Sexual Violence against Children: A Global Perspective," 169. 25 Hacking, "The Making and Molding of Child Abuse," 259. 26 Anthony R. Beech, Dawn D. Fisher, and David Thornton, "Risk Assessment of Sex Offenders," Professional Psychology: Research and Practice 34, no. 4 (2003): 340; Leam Craig, Kevin Browne, and Anthony R. Beech, Assessing Risk in Sex Offenders: A Practitioner's Guide (Hoboken, NJ: Wiley, 2008), 3; Donna Chung, Patrick J. O'Leary, and Tammy Hand, Sexual Violence Offenders: Prevention and Intervention Approaches, vol. No. 5. (Melbourne: Australian Institute of Family Studies, 2006), 1; Levenson and Morin, "Risk Assessment in Child Sexual Abuse Cases," 63; Stephen Smallbone, William L. Marshall, and Richard Wortley, Preventing Child Sexual Abuse: Evidence, Policy and Practice (Cullompton, Devon; Portland, Or: Willan Publishing, 2008), 5; Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report: Volume Two: Nature and Cause," (2017), 94. 27Carol-Ann Hooper, "Child Sexual Abuse and the Regulation of Women: Variations on a Theme," in Regulating Womanhood: Historical Essays on Marriage, Motherhood, and Sexuality, ed. Carol Smart (London; New York: Routledge, 1991), 56. 28 Australian Bureau of Statistics, "Personal Safety Survey," (Canberra: Australian Bureau of Statistics, 2005); Royal Commission into Institutional Responses to Child Sexual Abuse, "Interim Report," (Royal Commission into Institutional Responses to Child Sexual Abuse, 2014), 121; Levenson and Morin, "Risk Assessment in Child Sexual Abuse Cases," 63; Craig, Browne, and Beech, Assessing Risk in Sex Offenders: A Practitioner's Guide, xv. 29 Ian Hacking, The Social Construction of What? (Cambridge, Mass: Harvard University Press, 1999), 143-5. 30 Vernon Rosario, "On Sexual Perversion and Transsensualism," in Perversion: Psychoanalytic Perspectives / Perspectives on Psychoanalysis, ed. Dany Nobus and Lisa Downing (London and New York: Karnac, 2006), 324. 31 Dafna Tener, Noam Tarshish, and Shosh Turgeman, "'Victim, Perpetrator, or Just My Brother?' Sibling Sexual Abuse in Large Families: A Child Advocacy Center Study," Journal of Interpersonal Violence (2017): 3. 32 Michel Foucault, Discipline and Punish: The Birth of the Prison, trans. Alan Sheridan (Harmondsworth, England: Penguin, 1977), 31. 33 Ibid. 34 Herman, Trauma and Recovery: From Domestic Abuse to Political Terror, 2. 35 Susan Brownmiller, Against Our Will : Men, Women, and Rape (New York: Bantam, 1976); Hacking, "The Making and Molding of Child Abuse," 275; The Social Construction of What?, 136-42; Herman, Trauma and Recovery: From Domestic Abuse to Political Terror; Hooper, "Child Sexual Abuse and the Regulation of Women: Variations on a Theme."; Florence Rush, The Best Kept Secret: Sexual Abuse of Children (New York: McGraw-Hill, 1980). For an in-depth discussion of the history of Rape, see Joanna Bourke, "A Global History of Sexual Violence," in Cambridge World History of Violence ed. Louise Edwards, Nigel Penn, and Jay Winter (Cambridge: Cambridge University Press, 2020); Rape: A History from 1860 to the Present Day, in particular on the discussion of power, 13; 413-41. 36 Jenny Still, Assessment and Intervention with Mothers and Partners Following Child Sexual Abuse. Empowering to Protect (London and Philadelphia: Jessica Kingsley Publishers, 2016); Daniel J. Whitaker et al., "Risk Factors for the Perpetration of Child Sexual Abuse: A Review and Meta-Analysis," Child Abuse & Neglect 32, no. 5 (2008); Richard Wortley and Stephen Smallbone, "A Criminal Careers Typology of Child

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Sexual Abusers," Sexual Abuse: A Journal of Research and Treatment 26, no. 6 (2014); Herman, Trauma and Recovery: From Domestic Abuse to Political Terror. 37 See Chapter Five for a more detailed exploration of this literature. Some authors of this time did speculate that men might be more likely to sexually offend against children, but this could not be said for certain, while others made no distinction between the sexes as to the frequency of offending behaviour. 38Cortoni and Gannon, "Female Sexual Offenders."; Myriam S. Denov, Perspectives on Female Sex Offending: A Culture of Denial (Aldershot: Ashgate, 2004); "The Long-Term Effects of Child Sexual Abuse by Female Perpetrators: A Qualitative Study of Male and Female Victims," Journal of Interpersonal Violence 19, no. 10 (2004); Kathleen Coulborn Faller, Understanding and Assessing Child Sexual Maltreatment (Thousand Oaks: SAGE, 2003); Hannah Ford, Women Who Sexually Abuse Children (Hoboken, NJ: Wiley, 2006); Grayston and De Luca, "Female Perpetrators of Child Sexual Abuse."; Oliver, "Preventing Female-Perpetrated Sexual Abuse."; Vandiver and Walker, "Female Sex Offenders: An Overview and Analysis of 40 Cases."; Boroughs, "Female Sexual Abusers of Children."; Bourke, Rape: A History from 1860 to the Present Day, 209-48. 39 Larissa Christensen, "Women Who Sexually Abuse Children Are Just as Harmful to Their Victims as Male Abusers," The Conversation (2017), https://theconversation.com/women-who-sexually-abuse-children-are-just- as-harmful-to-their-victims-as-male-abusers-80395; Andrea Josipovic, "Secret Things and the Confinement of Walls: 'The Private Sphere' in Crimes of Child Sexual Abuse Perpetrated by Women," Australian Feminist Studies 30, no. 85 (2015): 254; Jacqueline Hetherton, "The Idealization of Women: Its Role in the Minimization of Child Sexual Abuse by Females," Child Abuse & Neglect 23, no. 2 (1999): 162. 40 Mary Stathopoulos, "The Exception That Proves the Rule : Female Sex Offending and the Gendered Nature of Sexual Violence," Australian Centre for the Study of Sexual Assault, no. March (2014): 18-9; Rosaleen McElvaney and Maebh Culhane, "A Retrospective Analysis of Children's Assessment Reports: What Helps Children Tell?," Child Abuse Review 26, no. 2 (2017): 108; Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report: Volume Four: Identifying and Disclosing Child Sexual Abuse," (2017), 77- 100. 41 Bourke, Rape: A History from 1860 to the Present Day, 148. 42 Ibid. 43 See chapter five. 44 For a representation of this kind of discourse in a public forum, see Xanthe Mallett, "Women Also Sexually Abuse Children, but Their Reasons Often Differ from Men's," The Conversation (2017), https://theconversation.com/women-also-sexually-abuse-children-but-their-reasons-often-differ-from-mens- 72572; Christensen, "Women Who Sexually Abuse Children Are Just as Harmful to Their Victims as Male Abusers". Beate Lakotta, "Schattenfrauen," Der Spiegel (2018); for an example of a recent academic research article, see Stathopoulos, "The Exception That Proves the Rule: Female Sex Offending and the Gendered Nature of Sexual Violence." 45 Baxter et al. (2007), in Cindy Tarczon, "Mothers with a History of Childhood Sexual Abuse: Key Issues for Child Protection Practice and Policy," ed. Australian Institute of Family Studies (Melbourne, VIC: New South Wales Nurses Association, 2012), 3. 46 Hanson and Harris (1998), in Levenson and Morin, "Risk Assessment in Child Sexual Abuse Cases," 66. 47 Boroughs, "Female Sexual Abusers of Children," 482; Bourke, Rape: A History from 1860 to the Present Day, 231; Hetherton, "The Idealization of Women: Its Role in the Minimization of Child Sexual Abuse by Females," 165-6. 48 Boroughs, "Female Sexual Abusers of Children," 484; Stathopoulos, "The Exception That Proves the Rule : Female Sex Offending and the Gendered Nature of Sexual Violence," 3. Also see the literature review about this point by Hetherton, "The Idealization of Women: Its Role in the Minimization of Child Sexual Abuse by Females," 165-7. 49 Steven Angelides, "Subjectivity under Erasure: Adolescent Sexuality, Gender, and Teacher-Student Sex," The Journal of Men's Studies 15, no. 3 (2007); Bourke, "A Global History of Sexual Violence," 217. 50 Christensen, "Women Who Sexually Abuse Children Are Just as Harmful to Their Victims as Male Abusers"; Hetherton, "The Idealization of Women: Its Role in the Minimization of Child Sexual Abuse by Females," 167. 51 Two prolific recent examples are the arrest of Ghislaine Maxwell, https://www.theglobeandmail.com/world/article-epstein-associate-ghislaine-maxwell-makes-last-ditch-effort-to- seal/ and the contested extradition of former Melbourne School Principal Malka Leifer, https://www.abc.net.au/news/2020-01-15/further-delays-extradition-accused-child-abuser-malka- leifer/11868406. 52 Stathopoulos, "The Exception That Proves the Rule : Female Sex Offending and the Gendered Nature of Sexual Violence," 1. 53 Ibid.

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54 For an eloquent discussion of the theory and knowledge of anomalies within the bounds of dominant discourse, see Michel Foucault and Colin Gordon, Power/Knowledge: Selected Interviews and Other Writings, 1972-1977 (New York: Pantheon Books, 1980), in particular, 78-81. 55 Hetherton, "The Idealization of Women: Its Role in the Minimization of Child Sexual Abuse by Females." 56 Bourke, Rape: A History from 1860 to the Present Day, 215. 57 Hacking, The Social Construction of What?, 104; for a comprehensive analysis of this idea, see "The Looping Effects of Human Kinds," in Causal Cognition, ed. Dan Sperber, David Premack, and Ann James Premack (Oxford University Press, 1996); for an insightful description which shows how erroneous thinking in child protection can be the result of workers’ existing expectations, see Eileen Munro, "Common Errors of Reasoning in Child Protection Work," Child Abuse & Neglect 23, no. 8 (1999). 58 Hacking, "The Looping Effects of Human Kinds," 351. 59 Katie Sutton and Kirsten Leng, "Forum Introduction: Rethinking the Gendered History of Sexology," Gender & History 31, no. 2 (2019): 261. 60 For a detailed analysis of some of the antecedents pertinent for this appraisal, see Diederik F. Janssen, "Kränkung and Erkrankung: Sexual Trauma before 1895," Medical History 63 (4) (2019): in particular, 412. 61 Bourke, Rape: A History from 1860 to the Present Day, 430. 62 Many seem to accept more readily that women are capable of physically hurting children; this includes filicide. See Josipovic, "Secret Things and the Confinement of Walls: 'The Private Sphere' in Crimes of Child Sexual Abuse Perpetrated by Women," 254. 63 Bourke, Rape: A History from 1860 to the Present Day, 248. 64 Hetherton, "The Idealization of Women: Its Role in the Minimization of Child Sexual Abuse by Females," 164-5. 65This article, while having been written carefully as to not to presume that fathers equal “perpetrators” and mothers equal “victims,” makes some sweeping statements about role differentiation in child protection, for example that mothers “get all the credit or all the blame for how the family is functioning” and that “fathers’ contributions are often overlooked.” See David Mandel and Heidi Rankin, "Working with Men as Parents: Becoming Father-Inclusive to Improve Child Welfare Outcomes in Domestic Violence Cases," (2018), https://safeandtogetherinstitute.com/wp-content/uploads/2018/07/OH_FYLAW_Working-with-Men-as-Parents- Brief_July-2018.pdf; for an exploration of cultural privilege in contemporary American discourses on pedophilia, see Chenier, "The Natural Order of Disorder: Pedophilia, Stranger Danger and the Normalising Family," 183-4. 66 Foucault and Gordon, Power/Knowledge: Selected Interviews and Other Writings, 1972-1977, 81. 67 Michel Foucault, "Nietzsche, Genealogy, History," in The Essential Foucault : Selections from Essential Works of Foucault, 1954-1984, ed. Paul Rabinow and Nikolas Rose (New York: New Press, 2003), 354. 68 Bourke, Rape: A History from 1860 to the Present Day, 247. 69 Birgit Lang, "Violent Women: Photographic Evidence, Gender and Sexology in Wilhelmine and Weimar Germany," Gender & History 31, no. 2 (2019): 284. 70 Sutton and Leng, "Forum Introduction: Rethinking the Gendered History of Sexology," 261; Carol Smart, "Disruptive Bodies and Unruly Sex: The Regulation of Reproduction and Sexuality in the 19th Century," in Regulating Womanhood. Historical Essays on Marriage, Motherhood and Sexuality, ed. Carol Smart (London and New York: Routledge, 1992), 9; Hetherton, "The Idealization of Women: Its Role in the Minimization of Child Sexual Abuse by Females," 164-5. 71 For a detailed exploration of twentieth century sources where this has been the case, see "The Idealization of Women: Its Role in the Minimization of Child Sexual Abuse by Females." 72Antonia Quadara et al., "Conceptualising the Prevention of Child Sexual Abuse: Final Report," (Melbourne, 2015), 63. 73 Rose, Governing the Soul: The Shaping of the Private Self, 125-8. 74 Mark S. Micale, Hysterical Men: The Hidden History of Male Nervous Illness (Cambridge, MA: Harvard University Press, 2008), 6. 75 Foucault, The History of Sexuality: An Introduction, 144-6. 76 Kirsten Leng, Sexual Politics and Feminist Science: Women Sexologists in Germany, 1900–1933 (Ithaca, NY: Cornell University Library, 2018), 9. 77 Jeffrey Weeks, Sex, Politics, and Society: The Regulation of Sexuality since 1800, 2 ed. (London and New York: Longman, 1989), 38-56; Louise A. Jackson, Child Sexual Abuse in Victorian England (New York: Routledge, 2000), 10-11. 78Lisa Featherstone, Let's Talk About Sex: Histories of Sexuality in Australia from Federation to the Pill (Newcastle upon Tyne: Cambridge Scholars Publishing, 2011), in particular, 19-23; Yorick Smaal, "Keeping It in the Family: Prosecuting Incest in Colonial Queensland. [Paper in Special Issue: The Family in Australia. Featherstone, Lisa and Smaal, Yorick (Eds.)]," Journal of Australian Studies 37, no. 3 (2013). In relation to patriarchal family structures that have helped shape sexual identities, see Lisa Featherstone and Amanda 170

Kaladelfos, "Hierarchies of Harm and Violence: Historicising Familial Sexual Violence in Australia," Australian Feminist Studies 29, no. 81 (2014): in particular, 317. 79 Leng, Sexual Politics and Feminist Science: Women Sexologists in Germany, 1900–1933, 28. 80 Ibid., 3; Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 278. 81 Hysterical Men: The Hidden History of Male Nervous Illness, 281. 82 Leng, Sexual Politics and Feminist Science: Women Sexologists in Germany, 1900–1933, 28. 83 Foucault, "Nietzsche, Genealogy, History," 363. 84 Lloyd deMause, "The History of Child Abuse," The Journal of Psychohistory 25, no. 3 (1998). 85 Ibid., 216. 86 Chiara Beccalossi, "Nineteenth-Century European Psychiatry on Same-Sex Desires: Pathology, Abnormality, Normality and the Blurring of Boundaries," Psychology and Sexuality 1, no. 3 (2010): 102. 87 Foucault and Gordon, Power/Knowledge: Selected Interviews and Other Writings, 1972-1977, 81. 88 Foucault, "Nietzsche, Genealogy, History," 351. 89 Ibid., 353. 90 Ibid. 91 Ibid., 358. 92 Ibid. 93 For a detailed analysis regarding rules and regulations in relation to defined spaces, see Michel Foucault and Jay Miskowiec, "Of Other Spaces," Diacritics 16, no. 1 (1986). 94 Foucault, The History of Sexuality: An Introduction, 103-5. 95 Discipline and Punish: The Birth of the Prison, 191. 96 Thomas Robert Malthus, An Essay on the Principle of Population, as It Affects the Future Improvement of Society with Remarks on the Speculations of Mr. Godwin, M. Condorcet, and Other Writers (St. Paul's Church Yard, London: J. Johnson, 1798), in particular, chapter two, 6-11. Malthus argued that sex ought to be legitimised only for the purpose of procreation, in the sanctity of marriage and financial security. He proposed this was necessary to balance population growth with the means of subsistence. 97 Foucault, The History of Sexuality: An Introduction, 105. 98 Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 11. 99 See, for example, Heike Bauer, The Hirschfeld Archives: Violence, Death, and Modern Queer Culture (Philadelphia: Temple University Press, 2017), 6; Katie Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s-1930s (ProQuest Ebook Central: University of Michigan Press, 2019), 15-6; Alison Moore, Sexual Myths of Modernity: Sadism, Masochism, and Historical Teleology (Lanham: Lexington Books, 2016), 13-6. 100 Foucault, The History of Sexuality: An Introduction, see, in particular, 103-5; 46-50. 101Abnormal: Lectures at the Collège de France, 1974-1975, ed. Arnold I. Davidson, trans. Graham Burchell (New York: Picador, 2003), in particular, lectures ten and eleven, 263-333. 102Moore, Sexual Myths of Modernity: Sadism, Masochism, and Historical Teleology, 16. 103Ibid. 104 This has been occurring to such an extent that in more recent times, texts discussing therapeutic approaches have suggested techniques “to separate” or “externalise” the problem from the person, and to adopt the habit of using “person-first language”, a concept which first emerged in the literature on disability (“x who engages in sexually abusive behaviours,” instead of naming somebody a “sex offender”); on externalisation as a therapeutic technique, see in particular the work of Michael White and Brian Epstein based at the Dulwich Centre, Adelaide, https://dulwichcentre.com.au/lessons/externalising/ and on person-first language, see Joan Blaska, "The Power of Language: Speak and Write Using "Person First."," Perspectives on Disability (1993). 105 C. Henry Kempe, Frederic N. Silverman, Brandt F. Steele, William Droegemueller, Henry K. Silver, "The Battered-Child Syndrome," Journal of the American Medical Association 181, no. 1 (1962). 106Jock Young, "Moral Panics and the Transgressive Other," Crime, Media, Culture: An International Journal 7, no. 3 (2011): 254. For a comprehensive study on the gendered discourse about high profile murder cases, see Lisa Downing, The Subject of Murder: Gender, Exceptionality, and the Modern Killer (2013). 107Jacques Donzelot, The Policing of Families, trans. Robert Hurley (New York: Pantheon Books, 1979), 25-7; 48-94; Rose, Governing the Soul: The Shaping of the Private Self, 125-7. 108 Michel Foucault, "About the Concept of the 'Dangerous Individual' in Nineteenth-Century Legal Psychiatry," in The Essential Foucault : Selections from Essential Works of Foucault, 1954-1984, ed. Paul Rabinow and Nikolas Rose (New York: New Press, 2003), 215. 109 Leng, Sexual Politics and Feminist Science: Women Sexologists in Germany, 1900–1933, 9. 110 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 25; 28."[...] the civil code considers paternal authority an inviolable and sacred power of the father on his child […].”; Vanesssa Guillemot Treffainguy, "La Protection de l’enfant contre ses parents (1804-1958)" (Université de Bordeaux, 2017), 2. 171

111 Foucault, "About the Concept of the 'Dangerous Individual' in Nineteenth-Century Legal Psychiatry," 209- 10; 15-8. 112 Amanda Kaladelfos, "Crime and Outrage: Sexual Villains and Sexual Violence in New South Wales, 1870- 1930" (The University of Sydney, 2010), 3-7. 113 For an excellent discussion of Pierre Bourdieu's conceptualisation of "fields of knowledge production", see Leng, Sexual Politics and Feminist Science: Women Sexologists in Germany, 1900–1933, 33. 114 Bauer, The Hirschfeld Archives: Violence, Death, and Modern Queer Culture, 6. 115 Kempe, "The Battered-Child Syndrome," 105. 116 Frederic N. Silverman, "Unrecognised Trauma in Infants, the Battered Child Syndrome and the Syndrome of Ambroise Tardieu " Radiology, no. 104 (1972): 338-9; Stephen Pfohl, "The Discovery of Child Abuse," Social Problems 24, no. 3 (1976). 117 Kempe, "The Battered-Child Syndrome," 18. 118Pfohl, "The Discovery of Child Abuse," 310-11; Hacking, The Social Construction of What?, 135-9; "The Making and Molding of Child Abuse," 268. 119 Lynch (1985), in The Social Construction of What?, 136. Also, Roche et al.acknowledge the significant impact of the work by Kempe et al. which led to the implementation of protection laws an mandatory reporting of child abuse in the United States, Canada, and several other countries; see Albert John Roche et al., "The Work of Ambroise Tardieu: The First Definitive Description of Child Abuse," Child Abuse & Neglect 29, no. 4 (2005): 326. 120 Hacking, The Social Construction of What?, 139. 121 David Finkelhor, "The International Epidemiology of Child Sexual Abuse," Child Abuse & Neglect 18, no. 5 (1994): 409. 122 Featherstone and Kaladelfos, "Hierarchies of Harm and Violence: Historicising Familial Sexual Violence in Australia," 309-10. 123 Ibid., 310. 124 A.E. Simpson, "Organized Child Prostitution in 19th Century England: Legal Campaigns and the Origins of the Criminal Law Amendment Act of 1885," in The Maiden Tribute of Modern Babylon: The Report of the Secret Commission, ed. A.E. Simpson (Lamberville, NJ: The Ture Bill Press, 2007), 36. 125 Featherstone and Kaladelfos, "Hierarchies of Harm and Violence: Historicising Familial Sexual Violence in Australia," 312. 126 Hacking, The Social Construction of What?, 139. 127 Sigmund Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," in The Standard Edition of the Complete Psychological Works of Sigmund Freud, ed. James Strachey (London: Hogarth, 1978). 128 The “Editorische Vorbemerkung” to the paper informs that the exact date of the paper presentation cannot be confirmed with certainty and that it most likely occurred either on April 21 or May 9, 1896. See https://www.freud2lacan.com/docs/The_Aetiology_of_Hysteria.pdf. Masson states that the paper was presented on April 21, see Jeffrey Moussaieff Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory (New York: Farrar, Straus and Giroux, 1992), 3-7. 129 Ibid., 9. 130 Ibid., 134-8. 131 Rush states in her book that Freud published this passage in 1933 but it first appeared in 1925; see Sigmund Freud, "An Autobiographical Study," in The Standard Edition of the Complete Psychological Works of Sigmund Freud, ed. James Strachey (London: Hogarth Press, 1959 (First Published in 1925)), 34. Masson quotes it in his book as well. See Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 11. 132 Rush, The Best Kept Secret: Sexual Abuse of Children, 83. 133 Susan Brownmiller, "Introduction," in The Best Kept Secret: The Sexual Abuse of Children, ed. Florence Rush (New York: McGraw-Hill Book Company, 1980), ix. 134Critical Therapy Center, "Do No Harm: American Psychological Association and Torture," https://criticaltherapy.org/2014/01/28/do-no-harm-american-psychological-association-and-torture/. 135 Micale, Hysterical Men: The Hidden History of Male Nervous Illness, in particular, 250-75; see Micale's analysis of Freud's case study of "Herr E." 60-2. 136 Rush, The Best Kept Secret: Sexual Abuse of Children, xii. 137 Elizabeth A. Grosz, Volatile Bodies: Toward a Corporeal Feminism (St. Leonards, NSW: Allen and Unwin, 1994), 17-9; Judith Butler, Gender Trouble: Feminism and the Subversion of Identity (New York: Routledge, 1999), 10-7; Carol Smart, "Introduction," in Regulating Womanhood: Historical Essays on Marriage, Motherhood, and Sexuality, ed. Carol Smart (London ; New York: Routledge, 1992), 1-4; "Disruptive Bodies and Unruly Sex: The Regulation of Reproduction and Sexuality in the 19th Century," 7-10. 138 Foucault, The History of Sexuality: An Introduction, 143-4. 139 Jacques Donzelot, La Police des familles (Paris: Minuit, 1977), 11-2; The Policing of Families, 6. 140 Hacking, "The Making and Molding of Child Abuse," 260.

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141 Rush, The Best Kept Secret: Sexual Abuse of Children, x. For a literature review on the matter, see Smaal, "Keeping It in the Family: Prosecuting Incest in Colonial Queensland. [Paper in Special Issue: The Family in Australia. Featherstone, Lisa and Smaal, Yorick (Eds.)]." 142 Josipovic, "Secret Things and the Confinement of Walls: 'The Private Sphere' in Crimes of Child Sexual Abuse Perpetrated by Women." 143 For a Queensland perspective, see the ‘Taskforce’ report, led by Q. Bryce, https://www.qld.gov.au/community/documents/getting-support-health-social-issue/dfv-report-vol-one.pdf and for more information about the National Plan to reduce violence against women and their children 2010-2022 see https://www.dss.gov.au/our-responsibilities/women/programs-services/reducing-violence/the-national-plan- to-reduce-violence-against-women-and-their-children-2010-2022 144 Bourke, Rape: A History from 1860 to the Present Day, 221. 145 Rush, The Best Kept Secret: Sexual Abuse of Children, 170-82. 146 Ibid., 176. 147 Robert Adler, "Twenty Years On...Time to Take Stock," Child Abuse & Neglect 20, no. 6 (1996); Barbara H. Chaiyachati and John M. Leventhal, "Henry Kempe's Vision: Preventing Child Abuse Then and Now," Clinical child psychology and psychiatry 20, no. 2 (2015); P. C. English and H. Grossman, "Radiology and the History of Child Abuse," Pediatric Annals 12, no. 12 (1983); Bernard Knight, "The History of Child Abuse," Forensic Science International 30, no. 2 (1986): 135; Richard D. Krugman and Jill E. Korbin, C. Henry Kempe: A 50 Year Legacy to the Field of Child Abuse and Neglect, vol. 1. (Dordrecht; New York: Springer, 2013); Margaret A. Lynch, "Child Abuse before Kempe: An Historical Literature Review," Child Abuse & Neglect 9, no. 1 (1985): 7; Eileen Munro, "The History of Child Abuse," (London: SAGE Publications Ltd, 2007), 16; Yorick Smaal, "Historical Perspectives on Child Sexual Abuse, Part 1," History Compass 11, no. 9 (2013); Pfohl, "The Discovery of Child Abuse." 148 Australian Bureau of Statistics, "Personal Safety Survey," 8. 149 Brownmiller, "Introduction," ix. 150 Illustrating that researchers read multidisciplinary as well as international works, Tardieu was quoted as a reference by many academics, including Richard Freiherr von Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 8 ed. (Stuttgart: Elibron Classics, 1893), 441; and Italian criminal anthropologists Cesare Lombroso and Guglielmo Ferrero, Criminal Woman, the Prostitute, and the Normal Woman ed. Nicole Hahn-Rafter and Mary Gibson, trans. Nicole Hahn-Rafter and Mary Gibson (Durham and London: Duke University Press, 1893), 392. There are many more examples from the literature that I will use continually throughout this text. 151 Hacking, "The Making and Molding of Child Abuse," 265. 152 Simpson, "Organized Child Prostitution in 19th Century England: Legal Campaigns and the Origins of the Criminal Law Amendment Act of 1885," 9. 153 For detailed discussions about the role of philanthropy in Victorian child protection efforts, see Jackson, Child Sexual Abuse in Victorian England, 51-70; Alyson Brown and David Barrett, Knowledge of Evil: Child Prostitution and Child Sexual Abuse in Twentieth Century England (Devon, UK.: Willan Publishing, 2002), 38- 64. 154 William Thomas Stead, The Maiden Tribute of Modern Babylon: The Report of the Secret Commission (Lambertville, NJ: The True Bill Press, 1885). 155 Bourke also observed this; see Bourke, Rape: A History from 1860 to the Present Day, 221-2. 156 Jackson, Child Sexual Abuse in Victorian England, 41-2; Simpson, "Organized Child Prostitution in 19th Century England: Legal Campaigns and the Origins of the Criminal Law Amendment Act of 1885," 17-22. 157 Stephen Robertson, Crimes against Children: Sexual Violence and Legal Culture in New York City, 1880- 1960 (Chapel Hill and London: The University of North Carolina Press, 2005), 13-35. 158 See Hacking, The Social Construction of What?, 128. 159See Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory. The book includes a comprehensive literature review of French sources in chapter two, 14-54. Masson shows that those texts clearly indicate their authors had been aware of the significant prevalence of abusive practices by parents. While his bibliography is impressive, Masson discusses these sources only in the context of their possible influence on Freud’s thinking and writing. 160 Auguste Ambroise Tardieu, "Étude médico-légale sur les sévices et mauvais traitements exercés sur des enfants," Annales d’hygiene publique et de médecine légale 13 (1860): 361-98. 161 For a detailed description of the terminology, see Dominique Dessertine, "Les Tribunaux face aux violences sur les enfants sous la Troisième République," Revue d’histoire de l’enfance «irrégulière » 2 (1999). 162 Jan Ellen Goldstein, Hysteria Complicated by Ecstasy: The Case of Nanette Leroux (Princeton: Princeton University Press, 2010), 13. 163 The original passage reads, “Il suffira à cet régard d’admettre, entre les actes attentatoires à la pudeur commis avec ou sans violence, ce signe distinctif: l’intromission complète avec ou sans défloration caractérise le viol, et 173

la non-intromission est propre au simple attentat.”Auguste Ambroise Tardieu, Étude medico-légale sur les attentats aux moeurs(Paris: J.B. Bailliere et Fils, 1867), 8. 164 Goldstein, Hysteria Complicated by Ecstasy: The Case of Nanette Leroux, 18-9. 165 Janssen, "Kränkung and Erkrankung: Sexual Trauma before 1895," 419. 166 Hacking, "The Making and Molding of Child Abuse," 274. 167 This includes Tardieu, Étude medico-légale sur les attentats aux moeurs, 55; 58; Jean-Martin Charcot and Valentin Magnan, "Inversion du sens génital et autres perversions sexuelles," ed. Gérard Bonnet (Paris: Frénésie Éditions, 1882), 16. 168 Balfour, 1864, in: Jackson, Louise A. 2000. Child sexual abuse in Victorian England. New York: Routledge, pp.2-3. 169 Jean Labbé, "Ambroise Tardieu: The Man and His Work on Child Maltreatment a Century before Kempe," Child Abuse & Neglect 29, no. 4 (2005): 312-3; Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 15. 170The Assault on Truth: Freud's Suppression of the Seduction Theory, 22. See http://www.artandpopularculture.com/Auguste_Ambroise_Tardieu for a full reference list. 171See Ruth Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle (Oxford: Clarendon Press, 1989), 144.” 172 See for example, Vernon A Rosario, "Afterword: Sex and Heredity at the Fin de Siècle," in Sexuality at the Fin de Siècle. The Making of a "Central Problem," ed. Peter Cryle and Christopher E. Forth (Cranbury, NJ: Rosemont Publishing and Printing Corp., 2008), 170-1; Bauer, The Hirschfeld Archives: Violence, Death, and Modern Queer Culture, 60. 173 The first of seven editions was published in 1857, the last one was published in 1867 and is the largest text. Page numbers cited refer to the latest edition, therefore. Here I am referring to 171-272. 174 Tardieu, Étude medico-légale sur les attentats aux moeurs, 199; also see illustration on p.271. 175 Rosario, "Afterword: Sex and Heredity at the Fin de Siècle," 171-2. 176 Gary Alan Foster, "Male Rape and the Government of Bodies: An Unnatural History of the Present" (2005), 208. 177 See chapter two. 178 Tardieu, Étude medico-légale sur les attentats aux moeurs, 176. 179 Ibid. 180 See Bauer, The Hirschfeld Archives: Violence, Death, and Modern Queer Culture, 60 and footnotes 16 and 17. 181 Tardieu, Étude medico-légale sur les attentats aux moeurs, 53-5. 182 See ibid. 177: "Attentats sur de jeunes garçons mineurs" where he explored the sexual abuse of six to twelve year old boys by men. 183 Richard Freiherr von Krafft-Ebing, "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," in Arbeiten aus dem Gesammtgebiet der Psychiatrie und Neuropathologie 1897-1899 (Leipzig: Barth, 1895), 105. 184 Jacques Arveiller, "Le Syndrome de Tardieu. Maltraitance des Enfants, médecine légale et sychiatrie au Xixe siècle," L'Evolution psychiatrique 76, no. 2 (2011): 225. 185On that note, I am not at all sure that the present day delineation is always helpful or working in the best interest of the children and young people we are supposed to keep safe. 186 Labbé, "Ambroise Tardieu: The Man and His Work on Child Maltreatment a Century before Kempe," 313. 187 Masson (1992) reflects that Adolphe Toulmouche had already pointed out in a text from 1856 titled "Des Attentats à la pudeur et du viol" that attempted rapes on children were of frequent occurrence in “large population centres and even the country,” see 205. 188 Tardieu, "Étude médico-légale sur les sévices et mauvais traitements exercés sur des enfants," 363-4. 189 Ibid., 363. 190 Ibid., 362. 191 Ibid. 192 Tardieu, Étude medico-légale sur les attentats aux moeurs, 8. 193 Andrew Collier, "Critical Realism," in The Politics of Method in the Human Sciences: Positivism and Its Epistemological Others, ed. George Steinmetz (Durham/ London: Duke University Press, 2005), 340. 194Tardieu, Étude medico-légale sur les attentats aux moeurs, 59. 195 Ibid., 59-121. 196 Ibid., 100-101. 197 Tardieu, Étude medico-légale sur les attentats aux moeurs, 43. 198 Ibid., 24. 199 Ibid., 17-22.

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200 Buffon, Georges-Louis Leclerc de (1749), Histoire naturelle de l’homme, in Peter Cryle, "On the Unsteadiness of Sexual Truths in Eighteenth-Century France," in Bodies, Sex and Desire from the Renaissance to the Present, ed. Kate Fisher and Sarah Toulalan (London: Palgrave McMillan, 2011), 172. 201 Tardieu, Étude medico-légale sur les attentats aux moeurs, 23-4. 202 Neil McIntosh and Jacqueline Y. Q. Mok, "A Comparison of Accidental and Abusive Ano‐Genital Injury in Children," Child Abuse Review 26, no. 3 (2017). 203 Tardieu, "Étude médico-légale sur les sévices et mauvais traitements exercés sur des enfants," 364. 204 Étude medico-légale sur les attentats aux moeurs, 54. 205 Ibid., 121-123. 206 See Donzelot, The Policing of Families, Preface to the English Edition, xix; Tardieu, "Étude médico-légale sur les sévices et mauvais traitements exercés sur des enfants," 361-2. 207 See chapters two and three. In addition, here a link to an article about Tardieu’s legacy which was published in a Russian medical journal https://www.ncbi.nlm.nih.gov/pubmed/25764886. 208 See chapter two for a detailed discussion. 209 Arveiller uses the term la marâtre which evokes the persona of the fairy-tale evil stepmother. See Arveiller, "Le Syndrome de Tardieu. Maltraitance des enfants, médecine légale et psychiatrie au Xixe siècle," 229. 210 Ibid., 221-2. 211 For a comprehensive historicisation of the monomania diagnosis, see Jan Ellen Goldstein, Console and Classify: The French Psychiatric Profession in the Nineteenth Century (Cambridge, England: Cambridge University Press, 2001), 152-96. 212 See ibid., 339-77. . 213Arveiller, "Le Syndrome de Tardieu. Maltraitance des enfants, médecine légale et psychiatrie au Xixe siècle," 222-4. 214 Charcot and Magnan, "Inversion du sens génital et autres perversions sexuelles," 16. 215 Gérard Bonnet, "Introduction," in L’Inversion du sens génital et autres perversions sexuelles, ed. Gérard Bonnet (Paris: Frénésie Éditions, 1987), vi. 216 Charcot and Magnan, "Inversion du sens génital et autres perversions sexuelles," in particular: 12; 16. 217 Janssen, "Kränkung and Erkrankung: Sexual Trauma before 1895," 415; Mark S. Micale, "On the On the 'Disappearance' of Hysteria: A Study in the Clinical Deconstruction of a Diagnosis," Isis 84, no. 3 (1993): 503- 4. 218 Valentin Magnan and Paul-Maurice Legrain, Les Dégénérés: État mental et syndromes épisodiques (Paris: Collection : Bibliothèque Médicale Charcot-Debove, 1895). For an in-depth study on degeneration, see Daniel Pick, Faces of Degeneration (Cambridge: Cambridge University Press, 2011). 219 Charcot and Magnan, "Inversion du sens génital et autres perversions sexuelles," 36. 220 Ibid. 221 Ibid. 222 Ibid. 223 Ibid. 224 Krafft-Ebing, "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," 114; Moll, Das Sexualleben des Kindes, 201. 225 Chapter two, three and four will provide detailed discussions of aspects related to this question for the French context at the end of the nineteenth century. 226 Pfohl, "The Discovery of Child Abuse," 317-9. 227 Tardieu, "Étude médico-légale sur les sévices et mauvais traitements exercés sur des enfants," 377. 228 Department of Child Safety, Youth and Women, "Sexual Abuse Practice Kit."; Catherine Esposito, "Child Sexual Abuse and Disclosure: What Does the Research Tell Us?," (Family and Community Services, NSW Government, 2016); Kamala London et al., "Disclosure of Sexual Abuse: What Does the Research Tell Us About the Ways That Children Tell?," Psychology, Public Policy, and Law 11, no. 1 (2005); Beverly B. Lovett, "Child Sexual Abuse Disclosure: Maternal Response and Other Variables Impacting the Victim," Child and Adolescent Social Work Journal 21, no. 4 (2004); Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report: Volume Four: Identifying and Disclosing Child Sexual Abuse." 229 Donna M. Vandiver, "Female Sex Offenders: A Comparison of Solo Offenders and Co-Offenders," Violence and Victims 21, no. 3 (2006); Vandiver and Walker, "Female Sex Offenders: An Overview and Analysis of 40 Cases," 290; Stathopoulos, "The Exception That Proves the Rule : Female Sex Offending and the Gendered Nature of Sexual Violence." 230 Tardieu, Étude medico-légale sur les attentats aux moeurs, 52. 231 Ibid., 57-8. 232 Boroughs, "Female Sexual Abusers of Children," 483; Bobbie Rosencrans, The Last Secret: Daughters Sexually Abused by Their Mothers (Brandon, VT: Safer Society Press, 1997); Ford, Women Who Sexually Abuse

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Children; Hetherton, "The Idealization of Women: Its Role in the Minimization of Child Sexual Abuse by Females," 165-6. 233 Tardieu, Étude medico-légale sur les attentats aux moeurs, 46; "Étude médico-légale sur les sévices et mauvais traitements exercés sur des enfants," 362-3. 234 Étude medico-légale sur les attentats aux moeurs, 43-5.Tardieu, 1867, pp. 43-45. 235 See chapter five. 236 This will be discussed in particular in chapter four. 237 Dessertine, "Les Tribunaux face aux violences sur les enfants sous la Troisième République." 238 Paul Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur (Paris Librairie J.-B. Bailliere et fils, 1883), 6. 239 See chapter four. For excellent discussions about the conceptualisation of child abuse during the Third Republic in France, see Dessertine, "Les Tribunaux face aux violences sur les enfants sous la Troisième République."; Darya Vassigh, "Les experts judiciaires face à la parole de l’enfant maltraité. Le cas des médecins légistes de la fin du xixe siècle." 240 Silverman, "Unrecognised Trauma in Infants, the Battered Child Syndrome and the Syndrome of Ambroise Tardieu," 350. 241 Hacking, "The Making and Molding of Child Abuse," 266; Richard D. Krugman and John M. Leventhal, "Confronting Child Abuse and Neglect and Overcoming Gaze Aversion: The Unmet Challenge of Centuries of Medical Practice," Child Abuse & Neglect 29, no. 4 (2005), 307. 242 Silverman, "Unrecognised Trauma in Infants, the Battered Child Syndrome and the Syndrome of Ambroise Tardieu " 339. 243 Cited in A. N. Williams and N. K. Griffin, "100 Years of Lost Opportunity. Missed Descriptions of Child Abuse in the 19th Century and Beyond," Child Abuse & Neglect 32, no. 10 (2008): 921. 244 English and Grossman, "Radiology and the History of Child Abuse." 245Silverman, "Unrecognised Trauma in Infants, the Battered Child Syndrome and the Syndrome of Ambroise Tardieu " 337. 246 Derek Hook, "Genealogy, Discourse, "Effective History": Foucault and the Work of Critique," Qualitative Research in Psychology 2, no. 1 (2005), 6; 21. 247 Michel Foucault, The Use of Pleasure: Volume 2 of the History of Sexuality, trans. Robert Hurley (New York: Vintage Books, 1990), 7. 248 Paul Bernard, "Des Attentats à la pudeur sur les petites filles" (Lyon, 1886), 76. 249 Some exceptions are Ruth Harris’ comprehensive book, although her focus is more on crimes of murder and an exploration of the conceptualisation of madness in France at the end of the nineteenth century; see Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle. Silvia Schafer’s book explores the nexus between medical practice and developments in the legal space. She does not specifically focus on legal medicine in relation to moral crimes on children, however. See Schafer, Children in Moral Danger and the Problem of Government in Third Republic France. There is a comprehensive doctoral thesis by Vanessa Guillemot Treffainguy which was submitted to the School of Law in the specialist area of History of Law at the University of Bordeaux in 2017 which discusses the history of the legislation of child protection, citing most of the key texts in legal medicine. Her focus is on the history of legislative changes in France in relation to dangerous parents. See Guillemot Treffainguy, "La Protection de l’enfant contre ses parents (1804-1958)." 250 "La Protection de l’enfant contre ses parents (1804-1958)," 137-216; Donzelot, The Policing of Families, 20- 1; Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 19-86; Dessertine, "Les Tribunaux face aux violences sur les enfants sous la Troisième République," 129; Catherine Rollet Echalier, "La Politique à l’égard de la petite enfance sous la IIIe République: Présentation d’un cahier de l’ined," Population 46, no. 2 (1991): 353-4. 251 Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 271-3; Donzelot, The Policing of Families, 48-95. 252 His work on les sévices was cited much less frequently; however there is a doctoral thesis by Antonin Delcasse which was supervised by Brouardel. It relies heavily on Tardieu’s article. I will be discussing it in more detail in chapter three. See Antonin Delcasse, "Etude médico-légale sur les sévices de l’enfance" (La Faculté de Médicine de Paris, 1885). Also, in his 1906 text Précis de medecine légale, Alexandre Lacassagne devoted a brief section to this topic, spanning just over three pages in total (pp.451-454). This chapter references works by other authors on cruelty to children which Lacassagne had supervised in Lyon (footnote 1, p.451). Interestingly, the same text includes a full chapter on les attentats aux moeurs (pp.723-768). 253 See Tardieu, Étude medico-légale sur les attentats aux moeurs, where a discussion of offenders is absent in relation to rape and indecent assault on children; 7-170. He did discuss offending behaviour in relation to sodomy and pederasty, however. See 71-220. 254 See chapter four. 255 Bourke, Rape: A History from 1860 to the Present Day, 10. 176

256 As Foucault remarks, “One says as little as possible about it, but everything speaks of it.” Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 233. 257 See chapter three. 258 Robert A. Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline (Princeton: Princeton University Press, 1984). 259 Ruth Harris, Murders and Madness 1989, p. 11 260 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 83. 261 Donzelot, The Policing of Families, xx-xxi; 48-9. 262 Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 98. 263 Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 138. 264 Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 66; 225-37; Foucault, "About the Concept of the 'Dangerous Individual' in Nineteenth-Century Legal Psychiatry," 212-3. Also see chapters three and four for ongoing discussion of this struggle for authority in the court room. 265 Arveiller, "Le Syndrome de Tardieu. Maltraitance des enfants, médecine légale et psychiatrie au Xixe siècle," 233-4. 266 Jack D. Ellis, The Physician Legislators of France. Medicine and Politics in the Early Third Republic, 1870- 1914. (Cambridge: Cambridge University Press, 1990). 267 See Denis Darya Vassigh, "L’action juridique en faveur des enfants maltraités dans la deuxième moitié du xixe siècle," Trames 3 (1998): 169. Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 21. 268 Foucault, The History of Sexuality: An Introduction, 37-9. 269 See, for example, Paul Duval, "Des Sévices ou mauvais traitements infligés aux enfants" (1891); Delcasse, "Etude médico-légale sur les sévices de l’enfance."; Tardieu, "Étude médico-légale sur les sévices et mauvais traitements exercés sur des enfants." Also, Lacassagne cites a book by de Libessart, published in 1891, Étude critique sur les sévices envers les enfants, in Alexandre Lacassagne, Précis de médecine légale (Paris: Masson & Cie. , 1906), 451. 270 See Duval, "Des Sévices ou mauvais traitements infligés aux enfants." 271 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 50. 272 See, for example, Lacassagne, Précis de médecine légale, 769. 273 Louis. Penard, De L’intervention du médecin légiste dans les questions d’attentats aux moeurs (Paris: J.-B. Baillière et fils, 1860), 5; René Garraud and Paul Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," Archives d’anthropologie criminelle et des sciences penales 1, no. 1 (1886); Lacassagne, Précis de médecine légale, 728; "Attentats à la pudeur sur les petites filles," Archives d'anthropologie criminelle et des sciences pénales 1 (1886): 60. 274 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 396. 275 Ibid., 396-7. 276 Emile Zola, Fruitfulness, trans. Ernest Alfred Vizetelly (New York: Doubleday, 1900), 214. 277 Dessertine, "Les Tribunaux face aux violences sur les enfants sous la Troisième République," 129; Rollet Echalier, "La Politique à l’égard de la petite enfance sous la IIIe République: Présentation d’un cahier de l’ined," 349-51. 278 Donzelot, The Policing of Families, 9-47; Ellis, The Physician Legislators of France. Medicine and Politics in the Early Third Republic, 1870-1914., 38-9; Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 93-4; Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 22-48; Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 8-9; 43-5. 279 For a comprehensive discussion of political efforts made at reducint infant mortality, see Rollet Echalier, "La Politique à l’égard de la petite enfance sous la IIIe République: Présentation d’un cahier de l’ined." 280 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 8-9; 22; Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 138-44; 55. As part of his four part series Les quatre évangélises [The four Evangelists] (1900), Emile Zola wrote a novel titled Fruitfulness [Fécondité] in which he openly promoted fruitfulness as a way to increase health and prosperity of the nation. Having a large family was closely linked to dutiful motherhood as something to aspire to, embodied most in his character Marianne Froment. Zola’s account is highly classed, where to him the Bourgeois produce very little offspring to preserve their wealth, while the working class have many children so that they can help to bring in an income (but also help to boost the birth rate). This illustrates a particular interpretation of the perpetuation of disadvantage. See Zola, Fruitfulness. 281Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 138-44; 55; 232; Guillemot Treffainguy, "La Protection de l’enfant contre ses parents (1804-1958)," 117; 58; 301; Lacassagne, Précis de médecine légale, 803. 282 Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 138-44. 177

283 Rollet Echalier, "La Politique à l’égard de la petite enfance sous la IIIe République: Présentation d’un cahier de l’ined," 351. 284 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 9. 285Donzelot, The Policing of Families, 25. Schafer discusses Emile Durkheim’s description of the relationship between the state, law and society: The state he said, “organizes the moral life of the country,” and “law”, he declared, “[is] the means by which the state enters private life.” See Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 11. 286 Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 20-1. 287 Foucault, The History of Sexuality: An Introduction, 40. 288 Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 11. Jean-Etienne-Dominique Esquirol and followers had already discussed the damaging effects of excess passions, immoderate living, political upheavals, bad working conditions, religious exaltation, and poverty as influences which could increase the prevalence of mental disorders amongst the population. Esquirol’s texts are part of a hygienist tradition of the 1820s and 1830s. See ibid., 53. For a comprehensive analysis of Esquirol’s work, see Goldstein, Console and Classify: The French Psychiatric Profession in the Nineteenth Century, 120-96. 289 Donzelot, The Policing of Families, 171; Foucault, Abnormal: Lectures at the Collège de France, 1974- 1975, 235. 290 Abnormal: Lectures at the Collège de France, 1974-1975, 233. 291 See Peter M. Cryle and Elizabeth Stephens, Normality. A Critical Genealogy (Chicago and London: University of Chicago Press, 2017), 184; 291. For detailed discussions of the discourse on degeneration in France, see Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 51-79; Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 121-4; 32-70; Pick, Faces of Degeneration. 292 See Arnold I. Davidson, The Emergence of Sexuality: Historical Epistemology and the Formation of Concepts (Cambridge, Mass: Harvard University Press, 2001), 116-8; Thomas W. Laqueur, Solitary Sex: A Cultural History of Masturbation (New York: Zone Books, 2004), 247-358; R. Danielle Egan and Gail Hawkes, Theorizing the Sexual Child in Modernity, (New York: Palgrave Macmillan, 2010). 27-30; Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 232-58. For selected primary sources, see Samuel Auguste André David Tissot, L’onanisme: Dissertation sur les maladies produites par la masturbation (Lausanne: Marc Chapuis, et Compagnie, 1764), in his preface, he refers to masturbation as a "deadly disease [une maladie meurtrière]", xx; Paul Moreau de Tours, Des Aberrations du sens génésique (1887), 180-3. 293 Pierre Garnier, Hygiène de la génération: Onanisme seul et à deux. Sous toutes ses formes et leurs conséquences (Paris: Garnier Frères, Libraires-Editeurs, 1883), 1. 294 Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 241. 295 Bernard, "Des attentats à la pudeur sur les petites filles " 96-7. 296 Moreau de Tours, Des Aberrations du sens génésique 180-1. 297 Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 279-80. 298 For example, Garnier, Hygiène de la génération: Onanisme seul et à deux. Sous toutes ses formes et leurs conséquences, 1. Another text which became a key reference for the study on degeneration was a document written by Benedict-Auguste Morel, Traité des dégénérescences physiques, intellectuelles et morales de l’espèce humaine (Paris: J.-B. Ballière, 1857). Also see Ruth Harris, Murders and Madness: Medicine, Law, and Society at He Fin de Siècle (Oxford: Clarendon Press, 1989), 52-3. 299 Magnan and Legrain, Les Dégénérés: État mental et syndromes épisodiques, 79. The passage is also cited in Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 71. 300 Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 244. 301 Ibid. I will revisit aspects of the discourse about servants, governesses and nursemaids in chapters four and five. 302 Ibid., 241-58. 303 Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 19. This polarisation also seems evident in the language of this discourse, as Harris points out. Dichotic word pairs feature strongly, for example, “control and disinhibition,” “moderation and excess,” “equilibrium and destabilisation,” “right and left.” 304 Donzelot, The Policing of Families, 24-30. 305 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 12. 306 Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 265. 307 Ibid. 308 “The second half of the nineteenth century was marked by a decisive alliance between promotional feminism and moralizing philanthropy, in the dual struggle first against brothels, prostitution, and the vice police, then against convents and the backward education of women.” See Donzelot, The Policing of Families, 36. 309 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 24. 178

310 Rollet Echalier, "La Politique à l’égard de la petite enfance sous la IIIe République: Présentation d’un cahier de l’ined," 351. 311 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 48. More on the regulation of wet-nursing: pp.61-64. Also see Edward Shorter, The Making of the Modern Family (London: William Collins Sons & Co Ltd., 1976 ), 182-4; Donzelot, The Policing of Families, 11. 312 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 50. 313 Ellis, The Physician Legislators of France. Medicine and Politics in the Early Third Republic, 1870-1914., 218-9. 314 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 61-2. 315 Jean-Jacques Rousseau, Emil oder über die Erziehung, trans. Ludwig Schmidts (Paderborn: Ferdinand Schoeningh, 1762), 18-9; 33. 316 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 48-52. 317 Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 24-31; Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 7; Rollet Echalier, "La Politique à l’égard de la petite enfance sous la IIIe République: Présentation d’un cahier de l’ined," 349-51. 318 Jules Simon, L’ouvrier de huit ans (Paris: Librairie Internationale; A. Lacroix, Verboeckhoven & C(e), 1867), 73. 319 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 25. 320 Ibid., 30. 321 Ibid., 25; 28; Guillemot Treffainguy, "La Protection de l’enfant contre ses parents (1804-1958)." See her thesis abstract: [...] the civil code considers paternal authority an inviolable and sacred power of the father over his child[…]” 322 "The Code Napoléon or the French Civil Code. Literally Translated from the Original and Official Edition, Published at Paris in 1804," (London: William Banning, 1804). 323 Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 21. 324 Schafer comments that the family became a contested structure which was claimed by conservative clerics and ardent republicans alike. Only nineteenth century feminists and utopian socialists directly criticised the family as it was then understood. Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 30; 32-3; 35. 325 See Guillemot Treffainguy, "La Protection de l’enfant contre ses parents (1804-1958)," 144. 326 See, for example, Tardieu, "Étude médico-légale sur les sévices et mauvais traitements exercés sur des enfants."; Delcasse, "Etude médico-légale sur les sévices de l’enfance," 20-1; Lacassagne, Précis de médecine légale, 453. 327 Précis de médecine légale, 453. 328 Ibid. 329 Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 21. 330 See Jean-Jacques Yvorel, "La Justice et les violences parentales à la veille de la loi de 1898" Revue d’histoire de l’enfance « irrégulière » 2: Case 24; 20. 331Article 64 of the Code: “There is neither crime nor offense, when the defendant was in a state of insanity at the time of the action, or when he was urged by a force which he could not resist.” This is the article that earlier work by alienists like Esquirol (1772-1840) addressed as too general. When the Code was drafted in 1810, psychiatric work which aimed to further diversify studies of madness did not exist. With this work now in existence, this article formed the basis of many psychiatric studies discussing how illness of the mind could manifest. See Goldstein, Console and Classify: The French Psychiatric Profession in the Nineteenth Century, 120-96; Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 8-9; 53; Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 28. 332 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 37. 333 Schafer also mentions the literature at the time, like Les Misèrables by Victor Hugo, and Emile Zola’s Rougon-Macquart series, which portrayed the French family as essentially deficient. Ibid., 40-1. 334 Ibid., 35. 335 Ibid., 40. 336 E. Claire Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," French Historical Studies 42, no. 3 (2019): 393. 337 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 5; 22. 338 Bernard, "Des attentats à la pudeur sur les petites filles " 92. 339 "The Code Napoléon [the French Civil Code]," (London: William Benning, 1827), 103. 340 Yvorel, "La Justice et les violences parentales à la veille de la loi de 1898 " 43. 341Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 5.

179

342 Rose, Governing the Soul: The Shaping of the Private Self, 125. For a detailed discussion of the regulation of vagabonds, see Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 56-9; 71-3. For further reading on this issue which I mention in its broadest sense, see the following references: Susanna Barrows, “After the Commune: Alcoholism, temperance, and Literature in the Early Third Republic,” in Consciousness and Class Experience in Nineteenth-Century Europe, ed. John Merriman (New York: Holmes and Meier, 1979); Jill Harsin, Policing Prostitution in Nineteenth-Century Paris (Princeton: Princeton University Press, 1985); William Coleman, Death Is a Social Disease: Public Health and Political Economy in Early Industrial France (Madison: University of Wisconsin Press, 1982) cited in Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 5. 343 Vassigh, "L’action juridique en faveur des enfants maltraités dans la deuxième moitié du xixe siècle," 2. 344 Yvorel, "La Justice et les violences parentales à la veille de la loi de 1898," 15. 345 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 19-20. 346 See chapter one. 347 Lacassagne, Précis de médecine légale, 452. 348 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 21. 349 Lacassagne, Précis de médecine légale, 452. 350 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 4. 351 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 402; Lacassagne, Précis de médecine légale, 726-7. 352 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 4. 353 Yvorel, "La Justice et les violences parentales à la veille de la loi de 1898," 16. 354 See the Queensland Department of Child Safety, Youth and Women Practice Kit Domestic and Family Violence; https://cspm.csyw.qld.gov.au/practice-kits/domestic-and-family-violence/working-with-women- experiencing-violence/seeing-and-understanding/partnering-with-mothers. 355see https://www.dvrcv.org.au/knowledge-centre/our-publications/discussion-papers/bad-mothers-invisible- fathers. 356 Ellen Fish, Mandy McKenzie, and Helen MacDonald, ""Bad Mothers and Invisible Fathers": Parenting in the Context of Domestic Violence," (Victoria: Domestic Violence Resource Centre, 2009), 5. 357 Yvorel, "La Justice et les violences parentales à la veille de la loi de 1898," 18. 358 Cour de Nancy, Tribunal de Bar-le-Duc, 28/06/1887, in ibid. 359 Camille Granier, La Femme criminelle, Bibliothèque Biologique Et Sociologique De La Femme (Paris: Octave Doin, 1906). 360 Ibid., 151-241. 361 Cryle and Stephens, Normality. A Critical Genealogy, 180. 362 Granier, La Femme criminelle, 83-154. 363 The section in the chapter where he does sexual assaults on children by women comprises just four pages, 119-22. 364 Granier, La Femme criminelle, 137. 365 Ibid. 366 Ibid., 137-44. 367 Yvorel, "La Justice et les violences parentales à la veille de la loi de 1898," 27. 368 Ibid., 31. 369 British Social Worker and Academic Eileen Munro has studied the practice impacts of confirmation bias among welfare practitioners in detail. See Munro, "Common Errors of Reasoning in Child Protection Work." 370 Yvorel, "La Justice et les violences parentales à la veille de la loi de 1898," 44. 371 Granier, La Femme criminelle, 137. 372 Ibid., 84-5. 373 Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 20. 374 Ibid., 4. 375 Department of Child Safety, Youth and Women, "Structured Decision Making Screening Criteria: Version 4.2 (October) " (Queensland 2018), 6. 376 Foucault, "About the Concept of the 'Dangerous Individual' in Nineteenth-Century Legal Psychiatry," 215-8. 377 Ibid., 213. 378 See chapter five. 379 As I have discussed in the introduction. 380 See for example, Rose, Governing the Soul: The Shaping of the Private Self, 123-5; Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 19-22. 381 Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 75. 382"The Code Napoleon or the French Civil Code. Literally Translated from the Original and Official Edition, Published at Paris in 1804," 103-5. 180

383 For a comprehensive discussion of the changes to civil legislation which regulated the relations between parents and their children, see Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 19-86. 384 Foucault, "About the Concept of the 'Dangerous Individual' in Nineteenth-Century Legal Psychiatry," 215. 385 On discontent with the Code pénal and confusion about how legislative changes ought to be formulated, see Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 1-23. 386 For a detailed discussion around this very issue in the emergent discipline of criminology, see Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, in particular chapter four, 97-131, and specifically 100-1. 387 See, for example, Tardieu, "Étude médico-légale sur les sévices et mauvais traitements exercés sur des enfants."; Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 398. 388 Lacassagne, Précis de médecine légale, 725. Lacassagne historicised Montesquieu’s Esprit de Lois (book 12, chapter 4) and explained that Montesquieu had ordered crime into four categories, the second of which comprised “les crimes contre les mœurs.” He also remarked that Montesquieu’s distinctions had survived in the Code pénal. 389 See Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 99-100. 390 Foucault, "About the Concept of the 'Dangerous Individual' in Nineteenth-Century Legal Psychiatry," 209. 391 Ibid., 209-10; 15-8. 392 Nicole Hahn Rafter and Mary Gibson, "Editors’ Introduction," in Criminal Woman, the Prostitute, and the Normal Woman, ed. Nicole Hahn Rafter and Mary Gibson (Durham & London: Duke University Press, 2004), 32. 393 Cesare Lombroso and Guglielmo Ferrero, Criminal Woman, the Prostitute, and the Normal Woman ed. Nicole Hahn-Rafter and Mary Gibson, trans. Nicole Hahn-Rafter and Mary Gibson (Durham and London: Duke University Press, 1893), 171. 394 The promotion of the family as an orderly state structure coincided with a discourse on the detrimental impact of prostitution. For example, many authors held prostitutes largely responsible for the transmission of venereal disease, thus keeping it entirely outside of the family. A pivotal text on prostitution in the nineteenth century is Alexandre Parent-Duchatelet, De la prostitution dans la ville de Paris: Considérée sous le rapport de l’hygiène publique, de la morale et de l’administration, ouvrage appuyé de documents statistiques puisés dans les archives de la prefecture de police (Paris J.-B. Baillière, 1857). For an excellent history of prostitution in nineteenth century France, see Jill Harsin, Policing Prostitution in Nineteenth-Century Paris (Princeton University Press, 2019). 395 Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 97-8. 396 For a detailed discussion of French and Italian criminal anthropology, see Cryle and Stephens, Normality. A Critical Genealogy, 180-211; Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 97-131; Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 80- 97. 397 "Code pénal De 1810: Code des délits et des peines (troisième partie)," (1810). Psychiatrists, in addition, were often tasked with providing insight in relation to the defendant’s soundness of mind, to determine whether Article 64 of the Code pénal needed to be applied: “Il n'y a ni crime ni délit, lorsque le prévenu était en état de démence au temps de l'action, ou lorsqu'il a été contraint par une force à laquelle il n'a pu résister [There is neither crime nor offense, when the defendant was in a state of insanity at the time of the action, or when he was urged by a force which he could not resist].” Henri Legrand du Saulle, however, remarked that many doctors were poorly informed about legal matters of insanity; see Henri Legrand du Saulle, La Folie devant les tribunaux (Paris: F. Savy, 1864), 506. 398 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 401-2. 399 Ibid., 403. These statistics are often repeated in the literature and feature again in chapters four and five. Tardieu, in contrast, had remained mostly silent about statistical trends, unless he was reporting directly on case numbers for rape and attempted rape. 400 Ibid. 401 Pierre Deyon, 1977, in Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 20. 402 Ibid. 403 Michelle Perrot, 1975, in Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 20. 404 For a comprehensive exposition of a social interpretation of crime in French criminal anthropology, some of it in resistance to the Italian criminal anthropologists, namely those who were affiliated with Cesare Lombroso’s Scuola Positiva based in Turin, see ibid., 97-131. 405 Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 25. 406 Lacassagne, "Attentats à la pudeur sur les petites filles," 65. He agreed with Louis Penard on this point. 181

407 See also Bernard, "Des attentats à la pudeur sur les petites filles " 76. 408 Penard had demanded this collaboration in 1860, while Lacassagne and Bernard reiterated the sentiment in 1886. 409 Alexandre Lacassagne, "Avant-Propos," Archives d'anthropologie criminelle et des sciences pénales 1 (1886). 410 Ibid. 411 Robert Nye, Masculinity and Male Codes of Honor in Modern France (Berkeley, Los Angeles, and London: University of California Press), 75. 412 Lacassagne, Précis de médecine légale, 724. 413 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique." 414 Bernard was later to gain some local fame when in August 1889 he conducted an autopsy, for which he used new investigative techniques in forensic pathology, in the high profile investigation of Toussaint-Augustin Gouffé’s murder, whose decomposing corpse had been found abandoned in a trunk. Lacassagne conducted a second autopsy and was eventually able to identify the corpse. The case received a lot of interest in the French press in 1890 because Gabrielle Bompard, a young woman of bourgeois background, stood accused of having murdered Gueffé while under hypnosis by her older lover. See Alexandre Lacassagne, L’affaire Gouffé, acte d’accusation: Rapport de Mm. les Dr. Paul Bernard, Lacassagne, Brouardel, Motet et Ballet. Documents divers (Lyon: A. Storck, 1891). 415 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 402. 416 Ibid., 401. 417 Ibid., 396. 418 Lacassagne, Précis de médecine légale, 725-6. 419 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 396. This has also been cited in Lacassagne, Précis de médecine légale, 725-6. 420 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 401-2. 421 Penard, De L’intervention du médecin légiste dans les questions d’attentats aux moeurs, 5. 422 Ibid., 6. 423 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 397. 424 Bernard stated that the consideration of perineal coitus contributed to his subject choice for his dissertation and focused heavily on this particular kind of sexual assault. Ibid., in relation to subject choice, 5; in relation to legal definitions, 6; 77-8. 425 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 396-400; Paul Brouardel, Les Attentats aux moeurs (Paris: Librairie J.-B. Baillière et Fils, 1909) 73, Lacassagne, Précis de médecine légale, 725-6; Bernard, "Des attentats à la pudeur sur les petites filles," 77-8. 426 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 398. 427 See Goldstein, Hysteria Complicated by Ecstasy: The Case of Nanette Leroux, 83-4 428 Lacassagne, Précis de médecine légale, 723. 429 Bourke, Rape: A History from 1860 to the Present Day, 418. 430 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 399-400. 431 The key texts I have used for this chapter concur with the legal definition of rape and do not contemplate alternatives or alterations on this point. 432 Bourke, Rape: A History from 1860 to the Present Day, 418. 433 Brownmiller, Against Our Will : Men, Women, and Rape. 434 For a comprehensive analysis of this omission, see chapter eight in Bourke’s book, "Female Perpetrators, Male Victims," Bourke, Rape: A History from 1860 to the Present Day, 209-48. 435 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 409. 436 Ibid., 410. 437 Lacassagne, Précis de médecine légale, 736. 438 "Attentats à la pudeur sur les petites filles."Archives d’anthropologie criminelle et des sciences penales (1886) 59-68. 439 Léon-Henri Thoinot, Attentats aux moeurs et perversion du sens génital (Paris: O. Doin, 1898), 6. 440 Bernard, "Des attentats à la pudeur sur les petites filles ". 441 Lacassagne, "Attentats à la pudeur sur les petites filles," 59. 442 Josipovic, "Secret Things and the Confinement of Walls: 'The Private Sphere' in Crimes of Child Sexual Abuse Perpetrated by Women," 253. 443 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 398-9. 444 Ibid. 445 See chapter one. 446 Bernard, "Des attentats à la pudeur sur les petites filles," 78; Tardieu, Étude medico-légale sur les attentats aux moeurs, 39; 50-1. 182

447 Lacassagne, "Attentats à la pudeur sur les petites filles," 65-6. 448 Thoinot, Attentats aux moeurs et perversion du sens génital, 51. 449 Brouardel, Les Attentats aux mœurs, 128. 450 Bernard, "Des attentats à la pudeur sur les petites filles," 79. 451 Ibid. 452 Lacassagne, "Attentats à la pudeur sur les petites filles," 64. 453 Ibid., 68. 454 Lacassagne, "Attentats à la pudeur sur les petites filles," 66. 455 Ibid., 66-7. 456 Ibid., 65. 457 Bourke, Rape: A History from 1860 to the Present Day, 421. 458 Lacassagne, "Attentats à la pudeur sur les petites filles," 66. 459 Bernard, "Des attentats à la pudeur sur les petites filles," 90-3. 460 Ibid., 90. 461 Ibid., 88-9. 462 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 401-2. 463 Ibid., 402. 464 Lacassagne, "Avant-Propos," 1. 465 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 403. 466 Ibid., 404-5. 467 Ibid. 468 Ibid., 406-7. 469 Ibid., 410. 470 Ibid., 411. 471 Ibid. 472 Ibid., 412. 473 Brouardel, Les Attentats aux moeurs (Paris: Librairie J.-B. Baillière et Fils, 1909), 3. 474 Lacassagne 1882, Tardieu 1867, cited in Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 412. 475 Ibid., 411-2. 476 Ibid., 412. 477 Ibid., 430. 478 Ibid., 420. 479 Ibid., 429. 480 Ibid., 433-5. 481 Also see chapter two. 482 Lacassagne, "Attentats à la pudeur sur les petites filles," 60. 483 Brouardel made similar observations in his 1909 text, speculating that “the slum, living together in close quarters, is largely responsible for the frequency of these crimes.” Brouardel, Les Attentats aux moeurs, 7-8. 484 Tardieu, Étude medico-légale sur les attentats aux moeurs, 58-9. 485 Garraud and Bernard, "Attentats à la pudeur et des viols sur les enfants: Législation statistique," 421. 486 An example can be found in the pornographic autobiography which was published under a psyeudonym: Walter, My Secret Life: The Most Notorious of All Victorian Confessions (London: Harper Perennial, ca. 1890- 95). “Walter” describes his first sexual encounter was with a nursemaid “between my age of five and eight years.” See 1-2. I will also discuss this in more detail in chapter five, where a case study by Tardieu in which he recounted the sexual assault against children committed by servants took on “a life of its own”: it was frequently re-told by other authors. 487 Shorter, The Making of the Modern Family. 488 Leonard Shengold 1989, in Schafer, Children in Moral Danger and the Problem of Government in Third Republic France, 4, footnote 4. 489 Ibid., 50-1. 490 Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 99. 491 Ellis, The Physician Legislators of France. Medicine and Politics in the Early Third Republic, 1870-1914; Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," 392-3; Peter Cryle, "Foretelling Pathology: The Poetics of Prognosis," French Cultural Studies 17, no. 1 (2006): 107-22, in particular 107; Goldstein, Console and Classify: The French Psychiatric Profession in the Nineteenth Century, 339-50; Harris, Murders and Madness: Medicine, Law, and Society at the Fin de Siècle, 125-54; Nye, Crime, Madness and Politics in Modern France: The Medical Concept of National Decline, 132-70. 492 Ellis, The Physician Legislators of France. Medicine and Politics in the Early Third Republic, 1870-1914, 6. 493 Ibid., 1-2. 183

494 Ibid., 4. 495 See https://th-roussel.fr/l-ouverture/notre-patrimoine/protecteur-de-l-enfance/; ibid., 5. 496 Ibid., 139. 497 Ibid., 2. 498 See Goldstein, Console and Classify: The French Psychiatric Profession in the Nineteenth Century, in particular 210-24; 322. 499 Harris, Murders and Madness. Medicine, Law, and Society at He Fin de Siècle, 138-40. 500 Delcasse, "Etude médico-légale sur les sévices de l’enfance," 8-9. 501 Jacques Arveiller calls Brouardel “le nouveau pape de médecine légale française fin-de-siècle,”Arveiller, "Le Syndrome de Tardieu. Maltraitance des enfants, médecine légale et psychiatrie au Xixe siècle," 240. 502 Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 32. 503 Harris, Murders and Madness. Medicine, Law, and Society at He Fin de Siècle, 139. 504 Ellis, The Physician Legislators of France. Medicine and Politics in the Early Third Republic, 1870-1914., 141; 151. 505 Léon-Henri Thoinot, "Préface," in Paul Brouardel, Les Attentats aux moeurs, (Paris: Librairie J.-B. Ballière et Fils, 1909), V-VI. Note that Masson mentions Brouardel did not reference Tardieu’s text on les sévices contre les enfants in his book on infanticide, which primarily discusses abortion, Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 207, endnote 6. 506 "Obituary Paul Brouardel," Nature 23/08/1906. 507 Ibid. 508 Harris, Murders and Madness. Medicine, Law, and Society at He Fin de Siècle, 98. 509 Brouardel, La Profession médicale au commencement du XIXe siècle, 216-7, in ibid., 104. 510 Ibid., 144. 511 Thoinot, "Préface," VII. 512 Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 356. Also cited in Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," 409. 513 Harris, Murders and Madness. Medicine, Law, and Society at He Fin de Siècle, 138. 514 Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 32-3. 515 Delcasse, "Etude médico-légale sur les sévices de l’enfance," 7. This is a doctoral thesis written under the supervision of Brouardel. The passage I am quoting here has also been translated in Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 35. 516 See Tardieu, Les attentats aux mœurs, second edition, 1858, 50, in Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," 401. 517 Brouardel, Les Attentats aux moeurs, 1. 518 See for example, ibid., 51. 519 Ibid., 4. 520 Ibid., 8. 521 Ibid., 7-8. 522 See also Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," 391-421. 523 Brouardel, Les Attentats aux moeurs, 7. 524 Ibid., 25. 525 Ibid., quoting Thoinot, Attentats aux moeurs et perversion du sens génital, 161. 526 Attentats aux moeurs et perversion du sens génital, 161. 527 Pierre-André Lop, "Attentats à la pudeur commis par des femmes sur des petits garcons. Blennorrhagie communiquée," Archives d'anthropologie criminelle de criminologie et de psychologie normale et pathologique 10 (1895). 528 Henri Legludic, Notes et observations de médecine légale: Attentats aux mœurs (Paris: G. Masson, 1896), 99. 529 Ibid., 12-3; 99-100. 530 Thoinot, Attentats aux moeurs et perversion du sens génital, 160. 531 Thoinot commented that men committed most sexual offences against females, which included those against adult women; see ibid., 6. 532 Ibid., 161. 533 Brouardel, Les Attentats aux moeurs, 25. 534 Ibid., 23. 535 Ibid., 25. 536 Ibid.; Thoinot, Attentats aux moeurs et perversion du sens génital, 162. 537 Brouardel, Les Attentats aux moeurs, 25. 538 Ibid. Note that he stressed this happened in other countries, and did not list France. 539 Ibid., 25-6. 540 Ibid., 26. 184

541 Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 7. 542 For a detailed discussion of this term, see chapter three. 543 See also Paul Bernard’s selection of case studies he provided in his doctoral thesis from 1886, where out of fifteen case studies, perineal coitus features nine times, namely in case studies IV; V; IX; X; XI; XII; XIII; XIV; and XV. In addition, case studies VI and VII describe “external coitus.” Case studies I-III are dedicated to describing transmission of venereal diseases through sexual contact, 103-123. Overall, Bernard indicated in most of them that the attentat was possible, and likely occurred. Bernard, "Des attentats à la pudeur sur les petites filles." 544 See my detailed exploration in chapter three. 545 In particular, Lacassagne’s case presentation from 1890 where he had been requested to provide an expert testimony in a trial against a priest. Lacassagne proffered the view that the children who had witnessed the priest expose himself and masturbate under his robes, had lied about it. Lacassagne, L’affaire Gouffé, acte d’accusation: Rapport de Mm. les Dr. Paul Bernard, Lacassagne, Brouardel, Motet et Ballet. Documents divers. This article is also cited in Thoinot, Attentats aux moeurs et perversion du sens génital, 239-40; Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," 409-10. 546 Lacassagne, "Attentats à la pudeur sur les petites filles," 65. 547 Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 20-3; Les Attentats aux moeurs, 30-9. 548 Fournier, Simulation d’attentats vénériens sur de jeunes enfants du sexe féminin: Lecture faite à l’Académie de Médicine dans la séance du 26 Octobre 1880, 23-5. 549 Thoinot, Attentats aux moeurs et perversion du sens génital, 177-205. 550 Lacassagne, Précis de médecine légale, 761-5. 551 Ibid. 552 Brouardel, Les Attentats aux moeurs, 7. 553 See chapter two 554 See for example, Brouardel, Les Attentats aux moeurs, 39. 555 Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 20; Delcasse, "Etude médico- légale sur les sévices de l’enfance," 8-9. 556 "Etude médico-légale sur les sévices de l’enfance," 8-9. 557 Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 19-20. 558 Ibid., 5; Brouardel, Les Attentats aux moeurs, 39. Brouardel urged his colleagues to only state what could be supported through available evidence, and if there were doubts, to say so frankly. 559 Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 6-7. 560 Ibid., 7. 561 Ibid., 9. 562 Brouardel, Les Attentats aux moeurs, 56. 563 Ibid. 564 Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 7. 565 Les Attentats aux moeurs, 56. 566 Cryle, "Foretelling Pathology: The Poetics of Prognosis," 113. 567 For excellent recent analyses of patterns of disclosure of child sexual abuse, see Esposito, "Child Sexual Abuse and Disclosure: What Does the Research Tell Us?"; Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report: Volume Four: Identifying and Disclosing Child Sexual Abuse." 568 Cryle, "Foretelling Pathology: The Poetics of Prognosis," 115. 569 Lacassagne, Précis de médecine légale, 453. 570 Bernard, "Des attentats à la pudeur sur les petites filles," 125. 571 Thoinot, Attentats aux moeurs et perversion du sens génital, 162-3. 572 Bernard informed that pregnancy in girls under the age of consent (thirteen years) following a rape was not rare. Bernard, "Des attentats à la pudeur sur les petites filles," 136. 573 Brouardel, Les Attentats aux moeurs, 27-8. 574 Ibid. 575 Ibid. 576 London et al., "Disclosure of Sexual Abuse: What Does the Research Tell Us About the Ways That Children Tell?."; Munro, "Common Errors of Reasoning in Child Protection Work."; Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report: Volume Four: Identifying and Disclosing Child Sexual Abuse," in particular, 77-100; Department of Child Safety, Youth and Women, "Sexual Abuse Practice Kit." 577 London et al., "Disclosure of Sexual Abuse: What Does the Research Tell Us About the Ways That Children Tell?." 578 An autobiography on this topic is Bri Lee, Egg Shell Skull (Sydney: Allen & Unwin, 2018).

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579 Esposito, "Child Sexual Abuse and Disclosure: What Does the Research Tell Us?," 108; Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report: Volume Four: Identifying and Disclosing Child Sexual Abuse." 580 Munro, "Common Errors of Reasoning in Child Protection Work." 581 Rayleigh Frances Joy, "Governing Child Sexual Abuse: The Psy/Legal Nexus" (The University of Queensland, School of Social Work and Applied Human Sciences 2003). 582 "Queensland Child Protection Act 1999," Section 5. 583 Thoinot, Attentats aux moeurs et perversion du sens génital, 226; Brouardel, Les Attentats aux moeurs, 52. 584 Lacassagne, Précis de médecine légale, 766. 585 Bernard, "Des attentats à la pudeur sur les petites filles," 97. 586 Ibid., see for example, 97-8 where he claimed these girls acted of their own accord. 587 Bernard, "Des attentats à la pudeur sur les petites filles," 97. 588 Ibid., in particular, 97-101. 589 Legludic, Notes et observations de médecine légale: Attentats aux mœurs, 88. 590 Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," 402. 591 See a case study by Brouardel: A twelve or thirteen year old girl had “indecently victimised” the five year old boy of her adoptive family. Brouardel concluded that she had already been “vicious” when she arrived, Brouardel, Les Attentats aux moeurs, 26, and a more general statement about vulvitis caused by masturbation, 57. 592 See Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 5. He described how he had attended the lecture on October first, 1880. 593 See Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," 412. 594 Fournier, Simulation d’attentats vénériens sur de jeunes enfants du sexe féminin: Lecture faite à l’Académie de Médicine dans la séance du 26 Octobre 1880, 15. 595 Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 5; Les Attentats aux moeurs, 52-7. 596 Bernard, "Des attentats à la pudeur sur les petites filles," 100. 597 Thoinot, Attentats aux moeurs et perversion du sens génital, in particular throughout chapter XI, “Les faux attentats,” 226-61. 598 Fournier, Simulation d’attentats vénériens sur de jeunes enfants du sexe féminin: Lecture faite à l’Académie de Médicine dans la séance du 26 Octobre 1880, 6. 599 Ibid., 19. 600 Ibid., 7. 601 Ibid. 602 Brouardel, Les Attentats aux moeurs, 32;54-5. 603 Bernard, "Des attentats à la pudeur sur les petites filles," 100. 604 Thoinot, Attentats aux moeurs et perversion du sens génital, 230-3. 605 Fournier, Simulation d’attentats vénériens sur de jeunes enfants du sexe féminin: Lecture faite à l’Académie de Médicine dans la séance du 26 Octobre 1880, 9. 606 Ibid.,10. The semantics for un monsieur are “gentleman.” This is evident in the way he paraphrases the girl’s disclosures. 607 Ibid., 7. 608 Ibid. 609 Ibid.,7-11. 610 Ibid.,12. 611 Ibid.,12. 612 Ibid.,23-26. 613 Ibid.,17. 614 Ibid., 21. 615 Ibid., 18, where Fournier claimed that this expression stems from Tardieu’s third edition of Les Attentats aux moeurs, p. 80. I have checked my later version of the Tardieu document and was unable to find it. Thoinot (1898) also discussed rape blackmail in his chapter on false accusations, see Thoinot, Attentats aux moeurs et perversion du sens génital, 232-3. 616 Fournier, Simulation d’attentats vénériens sur de jeunes enfants du sexe féminin: Lecture faite à l’Académie de Médicine dans la séance du 26 Octobre 1880, 16. 617 Ibid., 18-9 where he provided a formula according to which many “criminals” pursued rape blackmail: 1) find a rich man, 2) create a situation where this man finds himself alone with a young child, 3) force vulvitis on the child’s genitalia via artificial means, 4) make accusations of an indecent assault on the child and demand a ransom. 618 Bernard, "Des attentats à la pudeur sur les petites filles," 99. 186

619 Ibid.,126. 620 Ibid., 125. 621 Ibid. 622 Ibid.,99. 623 Fournier, Simulation d’attentats vénériens sur de jeunes enfants du sexe féminin: Lecture faite à l’Académie de Médicine dans la séance du 26 Octobre 1880, 22; 27. 624 Ibid., 19. 625 Ibid., 17. 626 Thoinot, Attentats aux moeurs et perversion du sens génital, 245. This is under a subheading on “false accusations” made by adults. Note there appears to be rather close association between precocious children who are already perverted and hysterical women, 248-61. See also Brouardel, Les Attentats aux moeurs, 63-5. Brouardel asserted that hysterical women have many motives for lying, for example seeking attention and suffering from genital hallucinations, which according to him occurs frequently. 627 Les Attentats aux moeurs, 71-2; Thoinot, Attentats aux moeurs et perversion du sens génital, 248-61. 628 Foucault, The History of Sexuality: An Introduction, 146. 629 Indeed, part of the diagnosis of hysteria could include “psychic infantilism.” See Brouardel, Les Attentats aux moeurs, 64. See also Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 46-50. 630 Bernard, "Des attentats à la pudeur sur les petites filles," 100. 631 Ibid. 632 Thoinot, Attentats aux moeurs et perversion du sens génital, 178. 633 Bernard, "Des attentats à la pudeur sur les petites filles," 90-3. 634 Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 18-55 and on this point in particular, 19; Thoinot, Attentats aux moeurs et perversion du sens génital, 178. 635 Fournier, Simulation d’attentats vénériens sur de jeunes enfants du sexe féminin: Lecture faite à l’Académie de Médicine dans la séance du 26 Octobre 1880, 23. 636 Thoinot, Attentats aux moeurs et perversion du sens génital, 178; 82. 637 Lacassagne, Précis de médecine légale, 761-5. 638 Thoinot, Attentats aux moeurs et perversion du sens génital, 182-9. Thoinot dedicated eight pages to the question whether the presence of gonorrhoea in little girls could be a definite sign of a sexual attack and asserted firmly that in the greatest majority of cases, infection had been non-venereal and spontaneous. Following a colleague from Lyon, he called it gonorrhoea insontium, gonorrhoea of the innocent. 639 Fournier, Simulation d’attentats vénériens sur de jeunes enfants du sexe féminin: Lecture faite à l’Académie de Médicine dans la séance du 26 Octobre 1880, 23. 640 Thoinot, Attentats aux moeurs et perversion du sens génital, 177-8. 641 Ibid., 179-80. 642 Ibid., 181. 643 Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 20-21. 644 Ibid., 22. 645 Ibid., 21-2. 646 Ibid., 23. 647 Ibid. 648 Ibid., 22. 649 Ibid. 650 Ibid.,19. 651 Ibid.; Thoinot, Attentats aux moeurs et perversion du sens génital, 181-2. 652 Lop, "Attentats à la pudeur commis par des femmes sur des petits garcons. Blennorrhagie communiquée." Some medical practitioners reported that the sexual abuse of boys was rare- however that is not corroborated by the records, says Cage who estimates alongside Giuliani and Ambroise-Rendu, that cases where men were accused of assaulting boys at the fin de siècle in France made up about one third of criminal trials involving allegations of sexual assault on children. See Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth- Century France," 408. 653 Tardieu, Étude medico-légale sur les attentats aux moeurs, 17-22. 654 Penard, De L’intervention du médecin légiste dans les questions d’attentats aux moeurs, 54-76. 655 Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 11-8. 656 Legludic, Notes et observations de médecine légale: Attentats aux mœurs, 35-61. 657 Thoinot, Attentats aux moeurs et perversion du sens génital, in particular, 36-67. 658 Lacassagne, Précis de médecine légale, 750-60. 659 Texts besides Paré (1575) and Buffon (1745) which were written by medico-legal authors I have looked at in more depth include Tardieu (1857; 1867), Fournier (1880), Brouardel (1883), Bernard (1886), Thoinot (1898), and Lacassagne (1906). 187

660 Tardieu, Étude medico-légale sur les attentats aux moeurs, 17. 661 Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 10. 662 Ibid. 663 Ibid., 11. 664 Ibid. 665 For a discussion of the symbolic meaning of the hymen in literary and cultural studies, see Ben Davies, "Hymenal Exceptionality," in Sex, Gender and Time in Fiction and Culture, ed. Ben Davies and Jana Funke (Basingstoke: Palgrave Macmillan Ltd, 2011). 666 See the long discussions in medical texts about the state of the hymen I have discussed above. 667 Brouardel, Les Attentats aux moeurs, 51. 668 Bernard, "Des attentats à la pudeur sur les petites filles " 109; Brouardel, Des Causes d’erreur dans les expertises relatives aux attentats á la pudeur, 19; Thoinot, Attentats aux moeurs et perversion du sens génital, in particular his exploration of gonorrhoeal infection in chapter IX, 177-205. 669 Bernard, "Des attentats à la pudeur sur les petites filles," 125-39. 670 Ibid., 125. 671 See Penard, De L’intervention du médecin légiste dans les questions d’attentats aux moeurs, in particular, 27-8. I discussed Tardieu’s point of view on this issue in detail in chapter two. 672 Bernard, "Des attentats à la pudeur sur les petites filles " 137. 673 Ibid. 674 Lacassagne, Précis de médecine légale, 760. 675 Ibid. 676 Bernard, "Des attentats à la pudeur sur les petites filles," 139. 677 Brouardel, Les Attentats aux moeurs, 1. 678 Bernard, "Des attentats à la pudeur sur les petites filles," 138. 679 See for example, “the psychology of unconscious lies”: Thoinot, Attentats aux moeurs et perversion du sens génital, 243 ; Brouardel, Les Attentats aux moeurs, 64-71. Brouardel referred to “psychic infantilism” (64) of the “great neurosis,” (65) meaning hysteria. He stated that hysterical women who report sexual assaults often suffer from hallucinations and fantasies about such events. 680 See for example, Thoinot’s 1898 document, where close to half his text is dedicated to diagnoses which show the influence of such prolific writers like Krafft-Ebing. The chapter titles are: XIII-perversion of the sexual instinct, XIV – inversion of the sexual instinct; chapter XV, inversion of degenerates, or uranism; Chapter XVI – exhibitionism; Chapter XVII – fetichism; chapter XVIII sadism and masochism; Chapter XIX – bestiality – necrophilia – nymphomania – satyriasis – erotomania. See Thoinot, Attentats aux moeurs et perversion du sens génital, 274-505. Similarly Lacassagne in his chapter on Les Attentats aux moeurs, included discussions of exhibitionism, pederasty, sodomy and bestiality, linking them to both degeneration and sexual perversion, see Lacassagne, Précis de médecine légale, 723-68. 681 Brouardel, Les Attentats aux moeurs, 1. 682 Ibid.; Brouardel listed Krafft-Ebing “among the first doctors who wrote on this question”(1877); of particular importance in France, he said were Magnan, Paul Sérieux, and Paul Garnier (4). For a detailed exploration of earlier work of French alienists, see Goldstein, Console and Classify: The French Psychiatric Profession in the Nineteenth Century. 683 Brouardel, Les Attentats aux moeurs, 8. 684 Ibid., 1. 685 Ibid., 11. 686 Ibid., 12. 687Ibid., 7. Bouardel citied the following statistics: - 1860: adults: 180; Children under 15: 650; TOTAL: 830 - 1880: adults: 80; Children under 15: 676; TOTAL: 756 - 1900: adults: 70; children under 15: 449; TOTAL 519 688 Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," 410-7. 689 For a recent exploration about this issue, see ibid. 690 Ibid., 403. 691 For an excellent history which explores in detail Etienne Esquirol’s work, see Goldstein, Console and Classify: The French Psychiatric Profession in the Nineteenth Century, 128-96. On the emergence of sexuality as a concept, see Davidson, The Emergence of Sexuality: Historical Epistemology and the Formation of Concepts; Goldstein, Hysteria Complicated by Ecstasy: The Case of Nanette Leroux. 692 I will be discussing this in detail in the next chapter. 693 Smallbone, Marshall, and Wortley, Preventing Child Sexual Abuse: Evidence, Policy and Practice, 9-10. 694 Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," 417. 695 See chapter three. 188

696 Cryle, "Foretelling Pathology: The Poetics of Prognosis," 115. Cryle’s exploration is in relation to the literary genre of les romans de moeurs. I propose, however, that the fact such novels were popular at the Fin de Siècle is an expression of socio-cultural interest in the topics of degeneration and social decline. 697 Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 9; Cryle and Stephens, Normality. A Critical Genealogy, 266-74; Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 263-90; The History of Sexuality: An Introduction, 105; Lang, "Violent Women: Photographic Evidence, Gender and Sexology in Wilhelmine and Weimar Germany"; Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 245-51; Egan and Hawkes, Theorizing the Sexual Child in Modernity, 75-96. 698 Masson and Micale are two exceptions. Masson makes reference to medico-legal texts from France and Micale describes in detail Freud’s time spent in France studying with Charcot in 1885-1886 and how this inspired him to research hysteria, and in particular, male hysteria. See Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 14-54; Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 228-75. 699 The literature on the fields of sexology and psychoanalysis is vast. The following selection is made up of texts I found to be informative and well argued: Cryle and Stephens, Normality. A Critical Genealogy; Micale, Hysterical Men: The Hidden History of Male Nervous Illness; Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity; "Albert Moll's Ambivalence About Homosexuality and His Marginalization as a Sexual Pioneer," Journal of the History of Sexuality 28, no. 1 (2019); Ludwig Sauerteig, "Loss of Innocence: Albert Moll, Sigmund Freud and the Invention of Childhood Sexuality around 1900," Medical History 56, no. 2 (2012); Volkmar Sigusch, "The Sexologist Albert Moll - between Sigmund Freud and Magnus Hirschfeld," ibid.; Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German- Speaking World, 1890s-1930s; Bauer, The Hirschfeld Archives: Violence, Death, and Modern Queer Culture; Davidson, The Emergence of Sexuality: Historical Epistemology and the Formation of Concepts; Lisa Downing, "Sexual Myths of Modernity: Sadism, Masochism and Historical Teleology," in Journal for the History of Sexuality (University of Texas Press, 2017); Janssen, "Kränkung and Erkrankung: Sexual Trauma before 1895."; Leng, Sexual Politics and Feminist Science: Women Sexologists in Germany, 1900–1933; Micale, Hysterical Men: The Hidden History of Male Nervous Illness. 700 The focus of sexology experienced significant shifts during the years of World War I. Therefore, I am going to focus on the early years exclusively. For detailed explorations of sexology during and after the First World War, see Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s-1930s, in particular, chapters three and four, 91-144. 701 See Reimut Reiche, "Einleitung," in Sigmund Freud, Drei Abhandlungen zur Sexualtheorie, (Frankfurt am Main: Fischer Taschenbuch Verlag GmbH, 1991), for some insightful comments in relation to the legacy of the claim that the sex drive commenced in childhood, 9. 702 For an insightful analysis on medical faculties’ pronounced reluctance to admit women to the medical profession at the end of the nineteenth century, see Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 280-1. 703 For and excellent discussion of works in sexology which were written by women, see Leng, Sexual Politics and Feminist Science: Women Sexologists in Germany, 1900–1933. Also, Erich Wulffen discusses texts written by women, including Helene Stöcker and Gretel Meisel-Heß. See Erich Wulffen, Das Weib als Sexualverbrecherin, Enzyklopädie der Modernen Kriminalistik: Sammlung von Einzelwerken Berufener Fachmänner (Berlin: Dr. Paul Langenscheidt Verlag, 1923), 72-3. For a discussion of female inversion in sexology, see Laura Doan, "'Acts of Female Indecency': Sexology's Intervention in Legislating Lesbianism," in Sexology in Culture: Labelling Bodies and Desires, ed. Lucy Bland and Laura Doan (Cambridge: Polity Press, 1998); Heike Bauer, "Theorizing Female Inversion: Sexology, Discipline, and Gender at the Fin De Siècle," Journal for the History of Sexuality 18, no. 1 (2009). 704 Marie Carmichael Stopes, Married Love: A New Contribution to the Solution of Sex Difficulties (Project Gutenberg, 1918). 705 Bauer, The Hirschfeld Archives: Violence, Death, and Modern Queer Culture, 9. 706 There are a number of texts which continue the more established pathway of legal medicine in Germany. This includes writers like Wulffen, who was strongly influenced by the scuola positiva in Italy with Lombroso’s work the most prominent, and William Stern in the 1920s. They were particularly interested in the technical aspects of criminal investigation for court purposes and incorporated psychoanalytic thought which estimated the possibility that children lied about crime as highly likely. See Wulffen, Das Weib Als Sexualverbrecherin; William Stern, Jugendliche Zeugen in Sittlichkeitsprozessen, Ihre Behandlung und Psychologische Begutachtung (Leipzig: Quelle & Meyer, 1926). 707 Birgit Lang, "Erich Wulffen and the Case of the Criminal," in A History of the Case Study ed. Birgit Lang, Joy Damousi, and Alison Lewis (Manchester: Manchester University Press, 2017), 138. 708 Wulffen, Das Weib Als Sexualverbrecherin, 20-1. 709 Ibid., 22-3. 189

710 Ibid., 75. 711 Lang, "Erich Wulffen and the Case of the Criminal," 139. 712 For a recent comprehensive analysis of Wulffen’s work with particular consideration of his use of case studies, see Birgit Lang, “Erich Wulffen and the Case of the Criminal,” in Birgit Lang, Joy Damousi and Alison Lewis, A History of the Case Study (Manchester: Manchester University Press, 2017: 119-155), in relation to female offenders, see in particular 137-146; and "Violent Women: Photographic Evidence, Gender and Sexology in Wilhelmine and Weimar Germany." 713 Michel Foucault, "The Birth of Social Medicine," in The Essential Foucault: Selections from Essential Works of Foucault, 1954-1984, ed. Paul Rabinow and Nikolas Rose (2003), 321; 324-5; The History of Sexuality: An Introduction, 140-4; Cryle, "Foretelling Pathology: The Poetics of Prognosis," 113-5. 714 See for example, Paul Garnier, Les Hystériques accusatrices (Paris: J.-B. Baillière, 1903), 5-29. 715 In the foreword of his 1908 book, Albert Moll critiques works which only repeat in different words what others had already said, thus not making any useful contributions to science. Moll, Das Sexualleben des Kindes, III. 716 Iwan Bloch, Das Sexualleben unserer Zeit in seinen Beziehungen zur Modernen Kultur (Berlin: Louis Marcus Verlagsbuchhandlung, 1907), 700-1. 717 Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France," 411-2. 718 Bloch, Das Sexualleben unserer Zeit in seinen Beziehungen zur Modernen Kultur, 731-2. 719 Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 49. 720 Garnier, Les Hystériques accusatrices, 5. 721 Ibid., 13. 722 Ibid., 14. 723 Ibid. 724 Ibid., 13. 725 Ibid., 15. 726 Ibid., 29. 727 Which Garnier pointed out was a marker of hysteria, again highlighting that sexual agency in women could easily be interpreted as pathological; see ibid., 5. 728 The available legislation did not, in fact, criminalise sexual assault against boys and adult men. See for example Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France." For a detailed exploration of male to male rape, in particular within the Australian context, see Foster, "Male Rape and the Government of Bodies: An Unnatural History of the Present." 729 Cage, "Child Sexual Abuse and Medical Expertise in Nineteenth-Century France"; Lang, "Erich Wulffen and the Case of the Criminal"; "Violent Women: Photographic Evidence, Gender and Sexology in Wilhelmine and Weimar Germany." 730 This has been discussed in detail throughout chapters two, three and four. 731 For a succinct discussion of this point, see Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 257-8. 732 Granier, La Femme criminelle. 733 Foucault, The History of Sexuality: An Introduction, 105; Goldstein, Hysteria Complicated by Ecstasy: The Case of Nanette Leroux, 102-5. 734 Hysteria Complicated by Ecstasy: The Case of Nanette Leroux, 105. 735 Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 30. 736 As I have been discussing throughout the thesis. For examples not previously mentioned see Jackson, Child Sexual Abuse in Victorian England, 109-10; Lombroso and Ferrero, Criminal Woman, the Prostitute, and the Normal Woman 173-74; Ellis, "The Sexual Impulse in Women " 221-6. 737 Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 9. 738 For excellent discussions of the emergence of the “Psy” disciplines in the nineteenth century, see Rose, Governing the Soul: The Shaping of the Private Self; Goldstein, Console and Classify: The French Psychiatric Profession in the Nineteenth Century; Davidson, The Emergence of Sexuality: Historical Epistemology and the Formation of Concepts. 739 See for example, Reiche, "Einleitung," 13-5. See 15 in regards to research on drives [Trieblehre] :“Die psychoanalytische Trieblehre wird aus immanenten Gründen niemals „fertig“ sein, weil sie sich nur am Rande auf das naturwissenschaftlich nachweisbare körperliche Substrat bezieht [...].“ For a detailed exploration of the claim by psychoanalysis to be scientific via the route of neurology, see Sander Gilman, "The Struggle of Psychiatry with Psychoanalysis: Who Won?," Critical Inquiry 13, no. 2 (1987): 297. 740 „Vorwort zur vierten Auflage (1914),” in Sigmund Freud, Drei Abhandlungen zur Sexualtheorie (Frankfurt am Main: Fischer Taschenbuch Verlag GmbH, 1991), 34. 741 See for example Brouardel’s comment that psychiatry’s focus on degeneration theory might be overemphasised and unreliable (chapter four). For a detailed discussion of the inception of psychoanalysis and 190

the struggle to frame it as a scientific inquiry, see Micale, Hysterical Men: The Hidden History of Male Nervous Illness, in particular chapter five, 228-75 and most concisely on this point, 49-58. 742 See for example, Richard Freiherr von Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 8 ed. (Stuttgart: Elibron Classics, 1893), "Vorwort zur ersten Auflage (1886)":V ; Freud, Drei Abhandlungen zur Sexualtheorie, "Vorwort zur dritten Auflage (1914)":32-3; Moll, Das Sexualleben des Kindes, "Vorwort," III; Bloch, Das Sexualleben unserer Zeit in seinen Beziehungen zur Modernen Kultur, "Vorrede," V-VII. Also note how much care Moll was taking with his prose so as to align it with scientific discourse. See Albert Moll, Untersuchungen über die Libido Sexualis (Berlin: Fischer's Medicin. Buchhandlung H.Kornfeld, 1897). 743 Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 244-5. 744 Peter Cryle, "The Aesthetics of the Spasm," in Sexuality at the Fin de Siècle. The Making of a "Central Problem", ed. Peter Cryle and Christopher E. Forth (Cranbury, NY: University of Delaware Press, 2008), 77. 745 See Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 207, endnote 9. 746 Charles Samson Féré, L'instinct sexuel: Évolution et dissolution (Paris: Ancienne Librairie Germer Ballière et Cie 1899), 296. 747 Ibid. 748 Ibid., 291. 749 Sigmund Freud, "Meine Ansichten über die Rolle der Sexualität in der Ätiologie der Neurosen," in Sexualleben Und Nervenleiden ed. Leopold Löwenfeld (Wiesbaden: Bergmann, 1906), 149. 750 Drei Abhandlungen zur Sexualtheorie, “Vorwort zur zweiten Auflage (1909),“ 31. 751 Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s- 1930s, 3-7; Cryle and Stephens, Normality. A Critical Genealogy, 262-3; Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 45-7; "Sexual Modernity in the Works of Richard von Krafft-Ebing and Albert Moll," Medical History 56, no. 2 (2012): 133-5; Leng, Sexual Politics and Feminist Science: Women Sexologists in Germany, 1900–1933, 43-55; Davidson, The Emergence of Sexuality: Historical Epistemology and the Formation of Concepts, 72-4. 752 Bloch, Das Sexualleben unserer Zeit in seinen Beziehungen zur Modernen Kultur, 60. 753 See in particular Harry Oosterhuis’ recent article on Moll where he explores some of these ambiguities. Oosterhuis, "Albert Moll's Ambivalence About Homosexuality and His Marginalization as a Sexual Pioneer." 754 Bloch, Das Sexualleben unserer Zeit in seinen Beziehungen zur Modernen Kultur, V. 755 Sutton and Leng have convincingly argued that the German term Sexualwissenschaft [science of sex] underscores the profession’s aim towards being recognised as a science [Wissenschaft], much more so than the English term “sexology” does. Sutton and Leng, "Forum Introduction: Rethinking the Gendered History of Sexology." See also Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s-1930s, 19-20. 756 Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s- 1930s, 1. 757 Harry Oosterhuis, "Freud and Albert Moll: How Kindred Spirits Became Bitter Foes," Histry of Psychiatry 31, no. 3 (2020): 294. 758 Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s- 1930s, 10. 759 Gilman, "The Struggle of Psychiatry with Psychoanalysis: Who Won?," 294-9. 760 Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s- 1930s, 42. 761 For a comprehensive and insightful analysis of Hirschfeld’s work, see Bauer, The Hirschfeld Archives: Violence, Death, and Modern Queer Culture. For some detailed commentary regarding the difficult definitions of what counted as “sexual science,” see Sutton and Leng, "Forum Introduction: Rethinking the Gendered History of Sexology," 258-9. 762 Leng, Sexual Politics and Feminist Science: Women Sexologists in Germany, 1900–1933, 57. 763 Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s- 1930s, 31-3; Oosterhuis, "Freud and Albert Moll: How Kindred Spirits Became Bitter Foes"; "Albert Moll's Ambivalence About Homosexuality and His Marginalization as a Sexual Pioneer," 1. According to these sources, Moll and Freud were not at all fond of each other, and neither were Moll and Hirschfeld. Further rifts developed later on between key researchers of sexology and psychoanalysis, as Sutton discusses throughout her book. 764 Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 15-6; Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 29-33; August Forel, Die Sexuelle Frage. Eine Naturwissenschaftliche, Psychologische, Hygienische Und Soziologische Studie Für Gebildete (München: Ernst Reinhardt, 1907), 91-2; Lombroso and Ferrero, Criminal Woman, the Prostitute, and the Normal Woman 171. 191

765 Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s- 1930s, 31-59; Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 263-90; Cryle and Stephens, Normality. A Critical Genealogy, 266-71; Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 6-7. 766 Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 275-82, in particular 82 where Foucault aligns the emergence of discussions about sexual abberrations in the psychiatric field with Kaan's 1844 publication; Also see Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German- Speaking World, 1890s-1930s, 38. 767 Cryle and Stephens, Normality. A Critical Genealogy, 271. 768 Ibid., 268. 769 Krafft-Ebing, "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," 92. 770 Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch- Forensische Studie, IV. 771 See chapters one to four of this thesis. Psychopathia Sexualis’ referencing shows Krafft-Ebing had read key international sources. This included some Italian contributions as well as British and German ones. For example, he quoted Lombroso and Mantegazza several times throughout the text. 772 Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, "Vorwort zur ersten Auflage (1886)," V. Note this homage was published only seven years after Tardieu’s death. The translation of the passage both German and French says: “The author makes the statement of Tardieu (Les Attentats aux moeurs), “No physical or moral misery, no plague, however corrupt it may be, should frighten those who have devoted themselves to the science of man and the sacred ministry of the physician, by obliging him to see everything, it also allows him to say everything,” his own.” 773 Ibid. 774 For a detailed description of the medicalisation of psychiatry at the end of the nineteenth century, see Gilman, "The Struggle of Psychiatry with Psychoanalysis: Who Won?," 294-6; Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 13. 775 See Oosterhuis’ book Stepchildren of Nature (2000) where throughout the text, he refers to French medico- legal texts and also Krafft-Ebing’s work as contributions to Psychiatry, rather than medico-legal discourse, perhaps obscuring their original purpose. This is particularly apparent in chapters two, "Forensic Medicine and Psychiatry," 37-42 and three, "Classifying and Explaining Perversion," 43-55. 776 Moll, Das Sexualleben des Kindes. The book incorporates these four categories. For example, Moll discusses sexual flagellation under “sadism,” in a fairly anti-psychoanalytical way, at times aggressively so. 777 Freud’s first essay “Die sexuellen Abirrungen [sexual abnormalities]” follows this general structure, and Thoinot’s last five chapters in his 1898 text do as well. 778 Krafft-Ebing, "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," 117. 779 Cryle and Stephens, Normality. A Critical Genealogy, 268. 780 For a discussion of the role of the diagnostic continuum in Krafft-Ebing’s work having direct implications for clinical and therapeutic treatments of the (so declared) pathological, see Merl Storr, "Transformations: Subejcts, Categories and Cures in Krafft-Ebing's Sexology," in Sexology in Culture: Labelling Bodies and Desires, ed. Lucy Bland and Laura Doan (Cambridge: Blackwell Publishers, 1998), 21. Furthermore, Cryle and Stephens discuss the relationship between Lombroso and Krafft-Ebing in some more detail; Cryle and Stephens, Normality. A Critical Genealogy, 268. Their chapter "The Dangerous Person as a Type" discusses criminal anthropology in both Italy and France comparatively and comprehensively; ibid., 180-211. 781 I have only been able to showcase a small sample in this thesis. 782 Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 10-1; 215; Cryle and Stephens, Normality. A Critical Genealogy, 268. 783 Normality. A Critical Genealogy, 266-71; Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s-1930s, 38. 784 Cryle and Stephens, Normality. A Critical Genealogy, 268. 785 Ibid. 786 Moll, Untersuchungen über die Libido Sexualis, 1. 787 Cryle and Stephens, Normality. A Critical Genealogy, 1-2. 788 Ibid., 359. 789 Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 14. 790 The original says, “Auf der Culturhöhe des heutigen gesellschaftlichen Lebens ist eine sozialen sittlichen Interessen dienende sexuale Stellung des Weibes nur als Ehefrau denkbar,” ibid., 16.

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791 “[…] viel scwerer sollte gesetzlich wiegen der Ehebruch des Weibes,” ibid., 15. It is telling here that Krafft- Ebing was familiar with Cesare Lombroso’s work, whose contributions to criminal anthropology had emphasised these points. See Cryle and Stephens, Normality. A Critical Genealogy, 261-74. 792 Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 14-6. 793 See for example, Foucault, The History of Sexuality: An Introduction, 36-7; Moll, Untersuchungen über die Libido Sexualis, 10; Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s-1930s, 37-8. 794 Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 272; Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 27-9. 795 Cryle and Stephens, Normality. A Critical Genealogy, 269. 796 Freud, Drei Abhandlungen zur Sexualtheorie, 50-1. 797 Moll, Das Sexualleben des Kindes, 199-222. 798 Cryle and Stephens, Normality. A Critical Genealogy, 274. 799 Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 56. 800 Ibid. 801 Cryle and Stephens, Normality. A Critical Genealogy, 270; Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 56; Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, 44-7. 802 Krafft-Ebing, "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," 91. This two-part article was published in a collection titled Arbeiten aus dem Gesammtgebiet der Psychiatrie und Neuropathologie (1897-99): 91-127. The original sentence on p.91 reads as follows: „Zu den betrübendsten Erscheinungen in der modernen Gesellschaft gehört die Zunahme der von Erwachsenen an Kindern begangenen sexuellen Delikte.“ 803 Oosterhuis, Stepchildren of Nature: Krafft-Ebing, Psychiatry, and the Making of Sexual Identity, see full catalogue of Krafft-Ebing’s opus, including posthumous editions, 287-95. 804 Krafft-Ebing, "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," 91-117; "Über Unzucht mit Kindern und Pädophilia Erotica: Zweiter Aufsatz," in Arbeiten aus dem Gesammtgebiet der Psychiatrie und Neuropathologie 1897-1899 (Leipzig: Barth, 1898), 117-27. 805 "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," 91-2. 806 Ibid., 93. 807 Ibid., 113. 808 Ibid., 92. 809 It seems worth noting that this section is partially written in Latin, for reasons discussed above. 810 Krafft-Ebing, "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," The direct quotes are on 98. 811 Ibid., 103. 812 Ibid., 104. 813 Ibid. 814 Ibid. 815 Ibid., 97-104. 816 Ibid., 93. 817 Ibid. 818 Ibid., 92; 93; 94. 819 Ibid., 93. 820 Ibid. 821 Ibid., 105. 822 Donald W. Black and Jon E. Grant, Dsm-5 Guidebook: The Essential Companion to the Diagnostic and Statistical Manual of Mental Disorders, vol. 5 (Washington, DC: American Psychiatric Publishing, 2014), 291. 823 Cryle and Stephens, Normality. A Critical Genealogy, 274. 824 Freud, Drei Abhandlungen zur Sexualtheorie, 52; 63; 64; 73. In relation to people who sexually offended against a child and are otherwise normal: see 51. For a detailed discussion of the view in Freud’s three essays that normal people are all perverse in varying degrees, see Cryle and Stephens, Normality. A Critical Genealogy, 274-9. 825 Moll, Das Sexualleben des Kindes, 211-3. 826 Freud, Drei Abhandlungen zur Sexualtheorie, 51. 827 Ibid., 52; 64. 828 Moll, Das Sexualleben des Kindes, 111. 829 Ibid.

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830 Moll makes note of texts by Max Dessoir and Alfred Binet, as well as Jodl and Ribot as exceptions. See ibid., 111. 831 Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s- 1930s, In particular, see chapter one, "Redefining "Normal": Childhood sexuality in Fin de Siècle Sexology and Psychoanalysis," 31-59. 832 Ibid., 38. 833 Moll, Das Sexualleben des Kindes, 14. 834 Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s- 1930s, 39. 835 Ibid., 37-8. 836 Note Moll defined the term „heterosexual” as “instinctive drive towards the opposite sex” as early as 1897. Moll, Untersuchungen über die Libido Sexualis, 10. It would have been a term not widely used in public discourse, however. 837 See also Foucault, The History of Sexuality: An Introduction, in particular chapter two, "The Perverse Implantation," 36-49. 838 Tissot, L’onanisme: Dissertation sur les maladies produites par la masturbation; Moreau de Tours, Des Aberrations du sens génésique; Davidson, The Emergence of Sexuality: Historical Epistemology and the Formation of Concepts, 116-8; Foucault, Abnormal: Lectures at the Collège de France, 1974-1975, 233-44; 79- 80; Laqueur, Solitary Sex: A Cultural History of Masturbation, 247-358. 839 Moll, Das Sexualleben des Kindes,162. 840 Ibid.,164. 841 Freud, Drei Abhandlungen zur Sexualtheorie, 82-83; 90. 842For example, Moll, Das Sexualleben des Kindes, III; Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 38. 843 As Sutton has pointed out, the German “Trieb” could mean either term and this has posed some difficulties with adequate translation. See Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s-1930s, x. 844 Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 38. 845 Ibid. Also, Stekel set his own point of view apart from Krafft-Ebing’s, openly disagreeing with this assessment. See Wilhelm Stekel, "Ueber Coitus im Kindesalter. Eine Hygienische Studie," Wiener Medizinische Blaetter. Wochenschrift fuer die gesammte Heilkunde XVIII, No.16 (1895): 247. 846 "Ueber Coitus im Kindesalter. Eine Hygienische Studie," 247. 847 Moll, Untersuchungen über die Libido Sexualis, 45. 848 Das Sexualleben des Kindes, 206. 849 Ibid., 1-4. Moll separated childhood into first, second and third developmental stages, the first being zero to seven years of age, the second eight to fifteen years, and the third fifteen years to adulthood, acknowledging there are variations. 850 Freud, Drei Abhandlungen zur Sexualtheorie, in the second essay titled "Die infantile Sexualität [Infantile Sexuality]," 90-1. On page 90 he uses the term Säuglingsonanie [infantile onanism] and infantile Masturbation [infantile masturbation]. 851 Ibid., 79. 852 Ibid., 91-2. 853 Ibid., 92. 854 Ibid. 855 Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 207; Moll, Das Sexualleben des Kindes, 224. 856See Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s-1930s, 40. Freud cited Stekel’s text in the 1896 paper, see Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 207. It seems that Freud knew of Stekel before Stekel knew of Freud. 857 See chapter two. 858 Stekel noted that he had shared his findings with some of his colleagues who responded with “ungläubigem Achselzucken [incredulous shrugs],” Stekel, "Ueber Coitus im Kindesalter. Eine Hygienische Studie," 247. 859 Ibid., 247. 860 Ibid., 247. 861 Ibid., 248. 862 Ibid., 248. 863 Ibid., 249. 864 Moll, Untersuchungen über die Libido Sexualis, 1. 865 Ibid., 45-6. 194

866 Ibid., 46-7. 867 Freud, Drei Abhandlungen zur Sexualtheorie, 75. For an excellent analysis exploring the legitimacy regarding Freud’s claim to pioneering status for “discovering” infantile sexuality, see Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s-1930s, 43-59. 868 Freud, Drei Abhandlungen zur Sexualtheorie, 93. 869 Moll, Das Sexualleben des Kindes, 202-3; Bloch, Das Sexualleben unserer Zeit in seinen Beziehungen zur Modernen Kultur, 696. 870 Freud, Drei Abhandlungen zur Sexualtheorie, 93. 871 Ibid., 93. 872 Ibid. 873 Bloch, Das Sexualleben unserer Zeit in seinen Beziehungen zur Modernen Kultur, 699. 874 Moll, Das Sexualleben des Kindes, 179. 875 Ibid., 206. 876 Ibid., 209: „Mit vollem Recht wird selbstverständlich das Kind im Gesetz geschützt [it is completely justified to legally protect the child].“ 877 Ibid., 207-209. 878 Reiche, "Einleitung," 9; Freud, Drei Abhandlungen zur Sexualtheorie, 75-108, in particular 75, footnote 2. It includes a literature review on the updated works about childhood sexuality. Freud complimented Stanley Hall on his insightful publication and remarked that Ellis had also taken note of the centrality of childhood sexuality for overall development; see 78-9. 879 Jean Martin Charcot and Valentin Magnan, "Inversion du sens génital et autres perversions sexuelles," 18. 880 Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 401-2; Moll, Das Sexualleben des Kindes, 199. 881 Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 207; Drei Abhandlungen zur Sexualtheorie, 51; Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 406-7; 41-2; "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," 114; Moll, Das Sexualleben des Kindes, 199; 212; Stekel, "Ueber Coitus im Kindesalter. Eine Hygienische Studie." 882 Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie, 441-2. 883 Ibid., 441-2. 884 Ibid., 441. 885 Ibid., 441. 886 Bloch, Das Sexualleben unserer Zeit in seinen Beziehungen zur Modernen Kultur, 695. 887 Ibid., 696. 888 Freud, Drei Abhandlungen zur Sexualtheorie, 54.Freud, Die sexuellen Abirrungen, 54. 889 Ibid. 890Ellis, "The Sexual Impulse in Women," 189. Bourke has explored in some detail that this conflation of an erect penis with sexual pleasure has contributed to shame and embarrassment in those boys and men who experienced a sexual assault. See Bourke, Rape: A History from 1860 to the Present Day, 245. 891 Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 250-1. 892 Krafft-Ebing, "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," 114. 893 Ibid. 894 Ibid. 895 Moll, Das Sexualleben des Kindes, 201. 896 Ibid. 897 Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 208. 898 Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 263. 899 Moll, Das Sexualleben des Kindes, 199. 900 See my discussion of masturbation in chapter three. 901 Tardieu, Étude medico-légale sur les attentats aux moeurs, 58-59. 902 The original actually says “les carrottes [carots].” Ibid. 903 Tardieu said the boy was five years old. Ibid. 904 Krafft-Ebing, Psychopathia Sexualis. Mit Besonderer Berücksichtigung der Conträren Sexualempfindung. Eine Klinisch-Forensische Studie.Psychopathia Sexualis, 406-7. 905 Moll discussed such environmental factors, citing Leppmann. Das Sexualleben des Kindes, in particular on page 200 and then again when he mentioned that male and female teachers were often accused of committing sexual acts on children, 211-2. 906 Granier, La Femme criminelle, 120. 907 Ibid. 195

908 Prevalent in the French sources but also globally. So describes Lisa Featherstone in a recent article the “troubled race relations that permeated ideas of crime and violence” in the US postcolonial context. Age of consent laws did not apply to slaves, and black women were considered “routinely sexually available.” See Featherstone, "Sexual Violence against Children: A Global Perspective," 173. 909 Granier, La Femme criminelle, 119. 910 Ibid. 911 Ibid. 912 Ibid. 913 Ibid., 119-20. 914 Ibid., 119. 915 Ibid. 916 Ibid. 917 I have briefly discussed this “trope” within the French literature on les attentats aux moeurs in chapter three. Some authors were quite convinced that old men frequently offended against children because these elderly men lacked the virility for sex with adult women. It recurs in the German sources as well, for example in Krafft- Ebing, "Über Unzucht mit Kindern und Pädophilia Erotica: Erster Aufsatz," 92. 918 It has been taken from a U.S. American model called "Safe and Together" which was developed by David Mandel to help intervene in cases of domestic and family violence. See Mandel and Rankin, "Working with Men as Parents: Becoming Father-Inclusive to Improve Child Welfare Outcomes in Domestic Violence Cases". 919 Moll, Das Sexualleben des Kindes, 205. 920 Ibid., 205-7. 921 Ibid., 204. 922 Ibid. 923 Ibid., 171-2. 924 Ibid. 925 Ibid. 926 Ibid. 927 See for example Hacking, "Memory Science, Memory Politics"; Leys, Trauma: A Genealogy, see chapter three, "Traumatic Cures," 83-119. 928 The "Editorische Vorbemerkung [Editorial Preliminary Note]" to "The Aetiology of Hysteria" informs of this anecdote, see Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 188. Also see Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 40; Oosterhuis, Stepchildren of Nature: Krafft- Ebing, Psychiatry, and the Making of Sexual Identity, 88-9; Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s-1930s, 42. 929 Borch-Jacobsen, "Neurotica: Freud and the Seduction Theory," 23. 930 Moll, Das Sexualleben des Kindes, 171-2. 931 For a detailed discussion of this point, see Leys, Trauma: A Genealogy, in particular, "Traumatic Cures," 105-19. 932 Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 204. 933 Ibid. 934 The "Editorische Vorbemerkung" to the paper informs that the exact date of the paper presentation cannot be confirmed with certainty. It most likely occurred either on 21 April or 9 May 1896. See Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 188. Masson dates the event April 21, 1896; see Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 3-7. 935 Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 206-7. 936 Ibid.., 208. 937 Ibid., 212. 938 Ibid., 209-10. 939 Ibid., 196. 940 Ibid., 207. 941 Ibid., 211. 942 Ibid., 211. 943 Both researchers were highly influential to his thought at the time: He deferred to Charcot twelve and to Breuer twenty-six times in the 1896 paper. 944 Leys, Trauma: A Genealogy, 105-19; Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 228. 945 Approaching Hysteria: Disease and Its Interpretations (Princeton, N.J: Princeton University Press, 1995), 27; Hysterical Men: The Hidden History of Male Nervous Illness, 228. 946 Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 107-19. 947 Sigmund Freud, "Selbstdarstellung," in Gesammelte Werke (Frankfurt: S. Fischer, 1925), 59. 196

948 Ibid., 59-60. 949 Ibid., 59. 950 Rush states in her book that Freud published this passage in 1933 but it first appeared in 1925; see Freud, "An Autobiographical Study," 34. Masson quotes it in his book as well. See Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, 11. 951 Hacking, "Memory Science, Memory Politics," 76.Memory Sciences, Memory Politics, 76. 952 Rush, The Best Kept Secret: Sexual Abuse of Children, see chapter seven, "A Freudian Cover-Up," 80-104. 953 Herman, Trauma and Recovery: From Domestic Abuse to Political Terror, 13-4. 954 Ibid., 14. 955 Ibid. 956 See Hacking, "Memory Science, Memory Politics," 69; Leys, Trauma: A Genealogy, 105-6; 108-9. 957 Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, in particular chapter four, “Freud’s Renunciation of the Theory of Seduction," 107-44. 958 Indeed, Freud tried to prevent this from happening. See Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 270; Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory, xxvii-xxxv. 959 Kervin Kaye, "Sexual Abuse Victims and the Wholesome Family: Feminist, Psychological, and State Discourses," in Regulating Sex the Politics of Intimacy and Identity, ed. Elizabeth Bernstein and Laurie Schaffner (New York: Routledge, 2005), 145-6. 960 See for example, London et al., "Disclosure of Sexual Abuse: What Does the Research Tell Us About the Ways That Children Tell?"; Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report: Volume Four: Identifying and Disclosing Child Sexual Abuse," 77-153. 961 Hacking, "Memory Science, Memory Politics," 68-9. 962 See for example, Leys, Trauma: A Genealogy, 25; Micale, Hysterical Men: The Hidden History of Male Nervous Illness, 258-9. 963 See for example in Freud, "Meine Ansichten über die Rolle der Sexualität in der Ätiologie der Neurosen," 149; "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 200; Drei Abhandlungen zur Sexualtheorie, 141. 964 "Selbstdarstellung," 59-60. 965 Ibid., 60. 966Freud, "Meine Ansichten über die Rolle der Sexualität in der Ätiologie der Neurosen," 151; Drei Abhandlungen zur Sexualtheorie, 92. 967 Drei Abhandlungen zur Sexualtheorie, 92. 968 Ibid., 92, Footnote 1. 969 Freud, "Meine Ansichten über die Rolle der Sexualität in der Ätiologie der Neurosen," 151-3. 970 Leys, Trauma: A Genealogy, 18-40; Sutton, Sex between Body and Mind: Psychoanalysis and Sexology in the German-Speaking World, 1890s-1930s, 42-44. 971 Leys, Trauma: A Genealogy, 19-20. 972 Ibid., 20. 973 Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 212. 974 Ibid., 196-9; 212. 975 Moll, Das Sexualleben des Kindes, 207-8; Bloch, Das Sexualleben unserer Zeit in seinen Beziehungen zur Modernen Kultur, 731-2. 976 Hacking, "Memory Science, Memory Politics," 76. See Freud’s discussion of traumatic impact of child rape, in Freud, "Zur Ӓtiologie Der Hysterie [the Aetiology of Hysteria]," 200. 977 Hacking, "Memory Science, Memory Politics," 76. 978 Oosterhuis, "Albert Moll's Ambivalence About Homosexuality and His Marginalization as a Sexual Pioneer."; Sigusch, "The Sexologist Albert Moll - between Sigmund Freud and Magnus Hirschfeld"; Sauerteig, "Loss of Innocence: Albert Moll, Sigmund Freud and the Invention of Childhood Sexuality around 1900"; Oosterhuis, "Freud and Albert Moll: How Kindred Spirits Became Bitter Foes"; "The Pre-Freudian Modernization of Sexuality: Richard von Krafft-Ebing and Albert Moll," in Deconstructing Normativity? Re- Reading Freud's 1905 Three Essays, ed. Philippe Van Haute and Herman Westerink (London and New York: Routledge, 2017); "Sexual Modernity in the Works of Richard von Krafft-Ebing and Albert Moll." 979 Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report: Volume Four: Identifying and Disclosing Child Sexual Abuse," 77. 980 Rush, The Best Kept Secret: Sexual Abuse of Children, 80. 981 Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report: Volume Four: Identifying and Disclosing Child Sexual Abuse," 77-91. 982 Michel Foucault, "Nietzsche, Genealogy, History," in The Essential Foucault : Selections from Essential Works of Foucault, 1954-1984, ed. Paul Rabinow and Nikolas Rose (New York: New Press, 2003), 354-5. 983 See, for example, Judith Lewis Herman, Trauma and Recovery: From Domestic Abuse to Political Terror (London: Pandora, 2001), 10-20; Ruth Leys, Trauma : A Genealogy (Chicago, Ill: University of Chicago Press, 197

2000), 18-40; Lois Tyson, Critical Theory Today. A User-Friendly Guide, Third Edition ed. (Abingdon, Oxon, New York, NY: Routledge, 2015), 11-50; Ian Hacking, "Memory Science, Memory Politics," in Tense Past : Cultural Essays in Trauma and Memory, ed. Paul Antze and Michael Lambek (New York : Routledge, 1996); Mikkel Borch-Jacobsen, "Neurotica: Freud and the Seduction Theory," October 76 (1996). 984 Royal Commission into Institutional Responses to Child Sexual Abuse, "Final Report " (2017), 94. 985 See, for example, Susan Brownmiller, Against Our Will : Men, Women, and Rape (New York: Bantam, 1976); Herman, Trauma and Recovery: From Domestic Abuse to Political Terror; Florence Rush, The Best Kept Secret : Sexual Abuse of Children (New York: McGraw-Hill, 1980); Carol-Ann Hooper, "Child Sexual Abuse and the Regulation of Women: Variations on a Theme," in Regulating Womanhood: Historical Essays on Marriage, Motherhood, and Sexuality, ed. Carol Smart (London; New York: Routledge, 1991). 986 Foucault, "Nietzsche, Genealogy, History," 354. 987 The History of Sexuality: An Introduction, trans. Robert Hurley, vol. 1 (New York: Random House, 1978), 144-6. 988 "About the Concept of the 'Dangerous Individual' in Nineteenth-Century Legal Psychiatry," in The Essential Foucault : Selections from Essential Works of Foucault, 1954-1984, ed. Paul Rabinow and Nikolas Rose (New York: New Press, 2003), 213. 989 Ibid., 214. 990 Ibid., 215. 991 Ibid., 218. 992 Ibid., 209-10; 15-8. 993 For similar commentary in relation to subjects whose voices cannot be heard independently, see Heike Bauer, The Hirschfeld Archives: Violence, Death, and Modern Queer Culture (Philadelphia: Temple University Press, 2017), 57. 994 Hetherton, "The Idealization of Women: Its Role in the Minimization of Child Sexual Abuse by Females," 169-70. 995 Joanna Bourke, Rape : A History from 1860 to the Present Day (London: Virago, 2007), 237. 996 Baxter et al., 2007. In: Cindy Tarczon, "Mothers with a History of Childhood Sexual Abuse: Key Issues for Child Protection Practice and Policy," ed. Australian Institute of Family Studies (Melbourne, VIC: New South Wales Nurses Association, 2012), 3. 997 Ellen Fish, Mandy McKenzie, and Helen MacDonald, ""Bad Mothers and Invisible Fathers": Parenting in the Context of Domestic Violence," (Victoria: Domestic Violence Resource Centre, 2009). 998 Foucault, The History of Sexuality: An Introduction, 1, 146.Foucault 1978, p.146 999 Indeed, part of the diagnosis of hysteria could include “psychic infantilism.” See Paul Brouardel, Les Attentats aux moeurs (Paris: Librairie J.-B. Baillière et Fils, 1909), 64; Jeffrey Moussaieff Masson, The Assault on Truth: Freud's Suppression of the Seduction Theory (New York: Farrar, Straus and Giroux, 1992), 46-50.

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