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The Catholic Lawyer

Volume 9 Number 1 Volume 9, Winter 1963, Number 1 Article 3

Sexual Anomalies and the Law

John R. Cavanagh

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Part of the Catholic Studies Commons, Commons, and the Sexuality and the Law Commons

This Symposium Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. SEXUAL ANOMALIES AND THE LAW

JOHN R. CAVANAGH* S TATISTICS CONCERNING the incidence of sexual offenses in the United States are difficult to find. The Federal Bureau of Investigation re- ports that in 1961 there were 7,143 arrests for forcible and 46,204 arrests for other sexual offenses including . An interesting feature of these figures is that when the 46,204 arrests are broken down by race, 29,680 of the offenders were white and only 11,006 were negro. This is important because of the popular belief that most sexual offend- ers are negro.1 The laws of the individual states in regard to sexual offenses vary widely. This makes it difficult to summarize what is known concerning such offenses. There is also little agreement among medical men who write on this subject. This is to some extent understandable because the problem is not the offense but the offender. It is with the person who committed the offense. Since no two individuals are alike, it is impor- tant to realize that when one speaks of a sexual offense, he is not describ- ing a definite entity but is speaking of a person who has committed a sexual . An exhibitionist, for example, is a person and his sexual disturbance will be conditioned by his basic personality. As one reads through the voluminous literature on the subject of sex and the law, there are many areas which immediately attract attention: 1) Much of the terminology of the law is out-dated and confusing. This may lead to misunderstanding. 2) The laws as they are written do not seem to recognize that sexual may be committed by individuals who are not sexual perverts.

* B.S., M.D., Georgetown University. Lecturer in Psychiatry and Pastoral Medicine at Catholic University; Associate Clinical Professor of Medicine at Georgetown University Medical School. 1 FEDERAL BUREAU OF INVESTIGATION, U.S. DEP'T OF JUSTICE, CRIME IN THE UNITED STATES (1961). These arrests were in 2,776 cities of over 2,500 citizens with a total population of 85,158,360. SEXUAL ANOMALIES

3) There seems to be little recognition for an offense whose penalty might other- that conditions such as pyromania, klepto- wise be a few days in jail. The editors' of mania, and similar conditions may be based The Mentally Disabled and the Law look on sexual pathology. at the problem in this way: 4) The courts tend to deal primarily The reforms that have swept our penal with the sexual offense although this may institutions from the eighteenth to the be, and frequently is, only a surface mani- twentieth century have left mental institu- festation of a more deep-seated disorder. tions substantially untouched. Physical restraints have departed from the prison These four points represent only a few but are still standard equipment in many of the problems with which a psychiatrist is mental institutions. The overcrowded con- confronted when he looks at sexual anom- ditions alleviated in prisons have remained alies vis- -vis the law. to plague the mental institutions. There is Another disturbing element that becomes doubt about the legality of sterilizing criminals, but sterilization, lobotomy, and apparent as one reviews the literature is electric shock treatment are permissible that many of the sex laws seem to have for sexual psychopaths. Substantial con- been promulgated in anger in response to stitutional questions can be raised about a public demand which has been aroused the right of a criminal court to expose a by some particularly flagrant sexual crime. defendant to the possibility of sterilization, Many laws appear to have been written lobotomy, and electric shock treatment.- hurriedly. As a consequence, the full impli- One can hardly agree that our mental cation of the statute was not realized. The hospitals have not improved in the last two penalties imposed by such laws vary widely, centuries. Even to one who is not a lawyer, some of the penalties being overly severe however, the constitutional question which while others send too many offenders to is raised sounds logical. mental hospitals. Judges and legislators More study needs to be devoted to the often decide who should be sent to mental sexual offender in academic circles so that hospitals without consulting psychiatrists more reasonable laws may be written. Pub- who might be considered more likely to lic indignation and public should not understand the value and limitations of play any part in the writing of laws dealing such a procedure. As a matter of fact, the with sexual offenses. As Bowman stated: mere commitment of an individual to a Exhibitionists and peeping Toms are mental hospital may serve little purpose. looked upon as terrible sex criminals. Yet many of those upset at such types of be- Many psychiatrists feel that there are no havior will go to night clubs to see nude available technics for the treatment of the women dancing in suggestive fashion. These sexual offender. Even if such technics were same persons become indignant, however, available there would not be enough psychi- if some individual is caught peeping through a window while a girl is undress- atrists, in most instances, to apply them. 3 Many sexual offenders are sent to the hos- ing. pital "to remain until cured." This, in spite In addition to emotional attitudes on the of the fact, that there are no criteria of part of the public and the courts, ignorance cure. It is conceivable that under such laws 2 LINDMAN & MCINTYRE, THE MENTALLY Dis- the relatively harmless voyeur or exhibi- ABLED AND THE LAW 310 (1961). tionist could remain in the hospital for life 3DAVIDSON, FORENSIC PSYCHIATRY 109 (1952). 9 CATHOLIC LAWYER, WINTER 1963

plays a part in the enactment of some of olics because their position on such ques- the sex statutes. For example, the frequen- tions is often requested. We are asked cies of coitus have been the subject of re- whether we as Catholics can accept the view in some recent divorce cases. The recommendations on the report. The brief- judges were called upon to consider the est and most authoritative statement on this reasonableness of the coital frequencies subject was published by the Archbishop which the husband had demanded. In of London in the December 2, 1957 issue such cases, nearly daily coitus has been of the Westminster Cathedral Chronicle. ruled to be unreasonable and cruel and suf- The statement is as follows: ficient grounds for securing a divorce. This In view of the Inquiries which have is an example of the law's failure to allow reached Archbishop's House following the for the fact that such apparently high rates publication of the report of the House of coitus are maintained by a not inconsid- Office Departmental Committee on Pros- erable portion of the population.4 titution and Homosexuality, His Grace the Surprisingly few persons, including at- Archbishop of Westminster has thought it useful to set forth the following princi- torneys, are aware that the "crimes against ples which should be borne in mind when nature" statutes can be extended to include consideration is given to the proposals re- married partners. The penalties for such garding homosexual acts between - acts may in some jurisdictions be exceeded ing adults: only by the penalties for , kidnap- The civil law takes cognizance primarily of public ping and rape. There are court decisions acts. Private acts as such are outside its scope. on the applicability of these stat- However, there are certain private acts utes, one of which goes so far as to uphold which have public consequences in so far the conviction of a man of soliciting his as they affect the common good. These wife to commit sodomy.5 acts may rightly be subject to civil law. It may be, however, that the civil law cannot effectively The Wolfenden Report-A Catholic control such acts with- out doing more harm to the common good Viewpoint than the acts themselves would be. In that This is the name given to a proposal in case it may be necessary in the interests of the common good to Great Britain which recommended, in ef- tolerate without approving such acts. fect, that the law should make no effort to It has, for example, invariably been found interfere in the purely private relations of that adultery or (which, how- adult homosexuals, male or female, where ever private, have clear public conse- the element of seduction or duress is ab- quences) cannot effectively be controlled sent.", While this report has failed of adop- by civil law without provoking greater evils. tion, the issue raised is of interest to Cath- Applying these principles to the question

4 KINSEY, POMEROY, MARTIN & GEBHARD, SEX- of homosexual acts between consenting UAL BEHAVIOR IN THE HUMAN FEMALE 369 males: (1953). 1. As regards the moral law, Catholic 5 Id. at 370. moral teaching is: OBERG & ALLEN, THE PROBLEMS OF HoMo- SEXUALITY (1958). This book has a complete a. Homosexual acts are grieviously text of the Wolfenden Report on Homosexuality sinful. and . b. That in view of the public con- SEXUAL ANOMALIES

sequences of these acts, e.g., the adults. This would decrease the possibility harm which would result to the of and eliminate the need of so- common good if homosexual licitation and force. The vast percentage conduct became widespread or an accepted mode of conduct in of individuals who commit sex offenses the public mind, the civil law which are punishable under our present does not exceed its legitimate laws are not engaged in behavior basically scope if it to control different from that usual in the population them by making them crimes. as a whole: such persons are not neces- 2. However, two questions of fact sarily to be regarded as psychiatrically ill arise: nor as a danger in the community. 7 Sexual a. If the law takes cognizance of private acts of homosexuality acts occurring outside of which and makes them crimes, do involve force or disparity of age should, of worse evils follow for the com- course, be regarded as illegal. mon good? Psychiatrically, those sexual offenses b. Since homosexual acts between consenting males are now crimes which are significant are those which, fol- in law, would a change in the lowing a repetitive obsessional fantasy, lead law harm the common good by to compulsive acts of forced sexual seeming to condone homosexual either on adults or children. These may be conduct? of the nature of an unresisted urge (irre- Ecclesiastical authority could rightly give sistible impulse). Such a compulsive sex- a decision on this question of fact as well as on the question of the moral law, if ual act in most cases is a surface symptom the answers to questions of fact were of a more profound psychic disturbance. overwhelmingly clear. As, however, vari- As a matter of fact, the symptom may be ous answers are possible in the opinion less significant than other psychopathologi- of prudent men, Catholics are free to cal features of the total personality which make up their own minds on these two can only be detected by a questions of fact. thorough exam- ination. Too frequently, the more dramatic Definition of Terms symptom gets attention because it shocks So that the terms which shall be used the public conscience.8 may be clearly understood, I shall Sexual (also called sex devi- to define them as they are used in this ations, , or psychosexual ab- paper. normalities) are methods of sex gratifica- A sexual offense for purposes of this dis- tion, mainly or exclusively, without penile- cussion will be considered to be any act vaginal intercourse. may occur not included in the definition of legal mar- by the individual's selection of an abnormal riage (given below). This may be inexact sexual object or by engaging in abnormal in terms of the laws of some jurisdictions relations with a usual sex object.9 but it is the consensus of those authors available to me. It will be stressed as the 7GROUP FOR THE ADVANCEMENT OF PSYCHIA- discussion proceeds that many acts which TRY, REPORT No. 9, PSYCHIATRICALLY DEVIATED are now offenses could be made legal with- SEX OFFENDERS (1950). 8 Ibid. out harm to the public good, e.g., consent- 9 ELLIS & ABARBANEL, THE ENCYCLOPEDIA OF ing sexual acts between mentally competent SEXUAL BEHAVIOR 802 (1961). 9 CATHOLIC LAWYER, WINTER l 963

Since the term perversion carries With it by an exhibitionist whereas a mature mar- a connotation of serious basic psychopath- ried woman might only laugh. ology, it would be helpful in many cases to Another classification which has merit employ a term less suggestive of pathology. is that which divides offenses into those Sexual anomaly seems to be a more mean- involving physical contact °and those not ingful term. Behavior in the sexual sphere involving physical contact. From the legal that deviates rather sharply from the aver- standpoint, this is a useful classification. age is not necessarily pathological. The Sexual offenders do not represent dis- term sexual anomaly is proposed as a sub- crete types of individuals. Not all things stitute for sexual perversion, on the ground are black or white. This is a fundamental that evidence is lacking that perversions principle of classification. Nature rarely are intrinsically pathological and that a less deals with discrete categories. It is the hu- condemnatory term is socially desirable. man mind which invents categories and This term must be distinguished from sex tries to force the facts into manufactured anomaly which refers properly to anatomi- groups. The world of people is a contin- cal deviation.' uum in all its aspects. "We must bear this in mind because the sooner we realize this Classification of Sex Offenders fact of human sexual behavior the sooner we shall reach a sound understanding of the Many attempts have been made to clas- ' 3 realities of sex. ' sify sexual offenders into significant Kinsey classified sex acts in regard to groups. Law enforcement officials seek- the outlet sought, i.e., he described six ing for a behavior classification frequently chief sources of in the male: divide sexual offenders into (a) those who I ) are a menace and (b) those who are only a nuisance.- The sociologist and the 2) Nocturnal emissions 3) Heterosexual petting psychiatrist are likely to divide the offend- 4) Heterosexual intercourse ers into (a) traumatizing and (b) non- 1 5) Homosexual relations traumatizing. 2 6) Intercourse with animals" Although both of these classifications have value, there is so much difference of Although this grouping includes the vast opinion concerning which offenses belong majority of sexual outlets, it has little use in each that, except in a few categories, for our present purpose. these groupings have little value. It takes Psychiatrists are more inclined to seek little imagination to realize that what would the underlying pathology rather than the be traumatizing for one individual would sexual act which shows on the surface. not be for another. A neurotic young Psychiatrically, most sexual offenders may adolescent girl might be strongly affected be classified in the following categories: I) Mental defectives 2) Alcoholics 10 ENGLISH & ENGLISH, A COMPREHENSIVE Dic- TIONARY OF PSYCHOLOGICAL AND PSYCHOANALYTI- BE- CAL TERMS 498 (1958). 1- KrNSEY, POMEROY & MARTIN, SEXUAL 1 DAVIDSON, op. cit. supra note 3, at 111. HAVIOR IN THE HUMAN MALE 638 (1948). 12Id. at 112. 11Id. at 193. SEXUAL ANOMALIES

3) Sociopathic personalities (Psycho- that early sexual traumata formed the basis paths) of later neurotic disturbances. He published 4) Psychoneurotics these findings in 1905 under the title Three 5) Psychotics Contributions to the Theories of Sex.'5 From this listing it is apparent that the The Freudian concept of sexuality, par- sexual offender may be one of a great va- ticularly his ideas on the oedipal situation, riety of psychiatric syndromes. In report- forms an important basis of present ing the sexual offender to the court, the thought. It is, therefore, important to dis- psychiatrist should be expected to report cuss this in some detail because it will lead the basic psychiatric difficulty. If, for ex- to a better understanding of sexual anoma- ample, a schizophrenic is accused of , lies. Freud separated the concept of sex- the psychiatric report should list schizo- uality from the close association it pre- phrenia as the primary diagnosis and viously had with the genital organs. He incest as a secondary one. This is desirable felt that it included "all of those merely because the individual's responsibility for affectionate and friendly impulses to which his offense depends upon his basic mental usage applied the exceedingly ambiguous state, not upon his sexual offense. word 'love.' " For didactic purposes, it is helpful to He considered pleasure as the goal of realize that most sexual offenders have a the sexual function and felt that this func- more serious underlying disorder. In the tion exists from the beginning of life. These courtroom, this is of primary importance sexual feelings, he stated, are at first diffuse because the proper handling of the patient and their object is the subject's own body depends on it. For an insight into sexual (autoerotic) as, for example, in masturba- offenses, an understanding of the sexual tion. These feelings later become localized pathology is important. in certain erotogenic zones, the first of these areas being the lips. He considered Concept of Sexuality that the pleasure which the infant gets A better concept of sexual anomalies from sucking (oral stage) was sexual in may be obtained if one understands how nature. In adult life, this may lead to such disorders develop. The hypothesis or cunnilinctus. Later the eroto- for the development of sexuality as de- genic zone shifts to the anus where the scribed by Freud and his followers is the sensation arises first in the pleasure of best known and most easily understood. giving feces (anal-herotic stage) and later Freud was impressed by the frequency in withholding feces (anal-sadistic stage). with which his patients' verbalizations had In adult life this feeling may persist and a sexual significance. The more he investi- result, for example, in sodomy. The next gated these, the more he was led to the be- shift is to the genitals where it is at first lief that neurotic manifestations were due unorganized (phallic stage) but later de- to conflicts between sexual impulses and velops into the adult or genital stage. Be- resistance to the acceptance of these im- tween the phallic stage and the genital pulses. Freud's study of the reasons for

repression of sexuality led him back to I- FREUD, THREE CONTRIBUTIONS TO THE THESIS very early childhood, and he concluded OF SEX (2d ed. 1925). 9 CATHOLIC LAWYER, WINTER 1963 phase is a latent period during which the ried, the couple must be above the legal child is interested in other children of the age for marriage; at the time of their mar- same sex. This is sometimes known as the riage, they must have been free to marry "homosexual phase." It must be empha- each other; the act must be voluntary on sized that this is a normal stage of devel- the part of each; and it must be performed opment although a fixation at this level in private. In many jurisdictions, both may lead to adult homosexuality. partners must be of the same race since To explain certain neuroses, Freud is forbidden. stated that the (the energy of the Any other sex act is illegal and as such sexual instincts) does not move smoothly is subject to punishment. Such a legalistic along with the course of development, but interpretation fails to take into account that, as a result of a traumatic emotional certain acts which are employed by many experience, it may become fixated at any couples as sexually stimulating practices level of development, or if the individual before intercourse. These practices are so has progressed beyond a phase of develop- common and, from the moral standpoint, ment, he may regress to any previous level so acceptable that one cannot find fault where pleasure was obtained. The stage with them. These include such sexual play of libido fixation determines the choice of as oral stimulation of the genitals, anal the anomaly. This mechanism of fixation intromission, spanking, biting, and so forth he used to explain the various sexual as long as these practices are acceptable anomalies which he felt merely represented to both partners and as long as the act either fixation at, or regression to, the ap- ends properly with the taking propriate childhood level of sexuality. place in the . Legally, however, most It may then be understood that the such acts are forbidden and punishable. sexual disturbances which are about to be The reality of the situation is that such described are due, according to this the- practices are common between married ory, to a fixation at an earlier level of sex- couples. Although such acts are unlikely ual development. The anomaly is, there- to come to judicial attention, the possibil- fore, due either to fixation or to regression ity that they will do so through pique or to such an early level of development.' 6 anger is always present. This happened in the case of a masochistic woman who Permissible Sex Acts could only achieve orgasm if she was spanked or slapped by her husband. He Before discussing sexual anomalies, a was unable to understand her sexual needs consideration of sex acts which are legally but she could easily provoke him to anger permissible will help to keep this discus- and thus get him to slap her. On one oc- sion oriented. In most states, only penile- casion, she provoked him too much and he vaginal sexual relations are permissible un- knocked out two of her front teeth. She der the law. These must take place be- swore out a warrant for assault because it tween a man and woman who are legally was too much for her narcissistic ego to married to each other. To be legally mar- have her self-image distorted by loss of her

16 CAVANAGH, FUNDAMENTAL PASTORAL COUN- teeth. A judge issued a peace warrant. SELINO 132 (1962). Now her sex pleasure is nil because her SEXUAL ANOMALIES husband is afraid to give her the sexual m) Pygmalionism stimulus she needs. n) Frottage o) Illusionary Cohabitation Classification of Sexual Anomalies 3) Sexual Disturbances which are In this grouping of sexual anomalies, it against Society will be clear that not all of them should In this group are included the offenses be classified as sexual offenses. None of which interfere with the unity of marriage. them, however, are without legal signifi- cance. Those having greater significance a) Fornication will be discussed more fully. The list, b) Adultery while not exhaustive, is sufficiently compre- c) Incest hensive to encompass the experience of d) Seduction most attorneys. e) Rape f) Artificial 1) Quantitative Disturbances of the Sex g) Triolism (Troilism) Drive h) Abduction In this type of disturbance, the sex drive i) Prostitution is increased or decreased in relation to the average: 4) Sexual Acts Contra Naturam a) Impotence In this type of disorder, the disturbance b) is such that it destroys the "natural order c) Frigidity of the act." d) Vaginismus a) Fellatio e) Nymphomania (Erotomania) b) Cunnilinctus f) Priapism c) Sodomy (Buggery) g) Satyriasis d) Masturbation 2) Qualitative Disturbances of the Sex e) Bestiality Drive f) Homosexual acts g) In this type of disturbance, the sexual h) Artificial arousal is the result of other than the usual stimulus. 5) Anomalies in Which the Sexual Ele- a) ment is not in Consciousness b) a) Kleptomania c) Transvestitism b) Pyromania d) Transexualism c) Others e) Fetishism Discussion f) Sadism Quantitative Disturbances of the Sex Act g) Masochism Impotence (Premature Ejaculation). Im- h) potence is the inability of the male or fe- i) male to perform the sex act completely. j) Coprophagia Impotence may be either (a) functional or k) Necrosadism () (b) organic. In the male, impotence may 1) Gerontosexuality appear in several guises. It, for example, 9 CATHOLIC LAWYER, WINTER 1963 may be erective impotence (the inability to Priapism. This condition is named after get an ), ejaculatory impotence Priapus, the son of Venus and Mercury, (the inability to expel seminal fluid), or who was the god of procreation. His stat- orgastic impotence (the inability to achieve ues represented him with an erect penis. full orgasm). Premature ejaculation, as its Priapism is a pathologic erection of the name implies, signifies ejaculation even be- penis unaccompanied by sexual desire. fore intromission (or at least before either Priapus has been adopted as a common partner is ready). Impotence is a condi- noun to mean the penis. This use is rare tion of great significance legally. This con- in psychiatry. dition is not only important to the attorney Satyriasis. This is a pathologic, compul- who handles marriage problems but it is sive, excessive degree of sexual desire in the also significant to the attorney who prac- male. It is similar to nymphomania in the tices criminal law. Many sexual offenses female and, like that condition, seldom occur because the individual is seeking the leads to conflict with the law. This is stimulus necessary to overcome his impo- so because, although the desire is exces- tence. The individual who has lost his sive, there is no qualitative disturbance in potency frequently becomes obsessed with its aim so that usually satisfaction is easily the idea that if he could receive a certain found. type of stimulus, he could then perform a Frigidity (Sexual anhedonia, anaesthesia, sex act quite satisfactorily. He may have anaphrodism, dyspareunia). Frigidity in previously experienced such stimulation or the female consists of varying degrees of (more likely) has enjoyed it in fantasy. loss of sexual desire, from complete indif- This stimulus may vary from some simple ference to complete revulsion. In the eval- form of stimulation such as pornographic uation of frigidity, it is important to bear pictures at one end of the scale to sadistic in mind that sexual orgasm is infrequent in murder at the other. women. It occurs in only twenty to forty Impotence may occur at any age, but it per cent of American married women. increases in frequency with advancing There are, however, indications that in the years. Not all bizarre forms of sexual acts new generation of married women, orgasm are the result of impotence but it is suf- is more frequent. Such an absence of or- ficiently frequent to be thought of as a gasm does not, of course, indicate lack of possible cause in every case. Some anoma- affection, desire, pleasurable erotic feelings lous acts merely add zest to the perform- or . This knowledge is im- ance; others actually make the act possible. portant because many men and women feel The impotent individual becomes in- that inability to achieve orgasm is an in- creasingly dangerous socially to the degree dication of lack of love, poor sexual tech- that he is obsessed by the need of vicarious nic (usually on the part of the husband), stimulation and the availability of such a or of extramarital affairs. None of these is stimulus to him. necessarily true. As a matter of fact, there In the female, impotence, if it occurs, have been and still are, occasionally, argu- is usually anatomical. In some cases which ments as to whether orgasm is pathological. are becoming less frequent, vaginismus Oliven, for example, states: may be a cause of impotence, There continues to be occasional contro- SEXUAL ANOMALIES

versy as to whether frigidity is a patho- Nymphomania. Nymphomania is exces- logic condition at all. A few observers sive sexual desire in the female. It is usu- feel that orgasm is not an integral part of ally psychogenic in origin, although I have female sexuality, but a faculty which the individual women may or may not seen at least two cases in which it was the achieve; and that the "doctrine of univer- result of the administration of hormones sal copulatory orgasm" tends to stigmatize for a menstrual disturbance. This condition a proportion of normal women as sexually may lead to extramarital relations or mas- deficient or disordered. However, clini- turbation because the average normal hus- cal consensus today favors the view that orgasm capacity is a normal part of female band cannot satisfy the sexual demands of sexuality, and that its absence constitutes a this type of individual. Some cases re- significant finding, both as a symptom and semble the "Don Juan complex" in the 17 as a potential pathogen. male, since in both cases it is an overcom- Vaginismus. Extreme degrees of frigidity pensation to prove the subject's heterosex- occur, in which there is not only revulsion uality. Such a condition seldom leads to for the act but physical inability to per- conflict with the law although it may lead form it due to spasm of the abductor mus- to chronic compulsive . cles of the thighs. This is called vaginismus. Erotic Transference. Erotic transference This may or may not be associated with is a frequent hazard of lawyers, clergymen, feelings of aversion for the act or for the and physicians. It is popularly known as partner. Such a condition, if primary (oc- "falling in love." Dalbiez feels that when curring from the beginning of the mar- an "unsatisfied woman with heavy arrears riage), may prevent consummation of the of both sensuality and sentiment to dis- marriage. In secondary types it may pre- pose of meets a confidant, she almost in- vent sexual relationships which had once evitably falls in love with him." He adds been satisfactorily established. There is that: some indication that this condition is less All those whose duty calls upon them to frequent than it once was. receive intimate revelations -confessors, physicians, or lawyers-run the risk of Vaginismus, also called in its lesser de- becoming objects of passion to the neu- grees dyspareunia, is more likely to come rotic women who confide in them. The to the attention of the domestic relations same misadventure naturally threatens attorney than to that of the criminal lawyer. psychoanalysts. It is, indeed, the common In some instances, however, where men risk run by all those whose office binds them to professional secrecy.' 9 have tried to have relations by physical force with a woman who suffered from The erotic transference may have serious vaginismus, and inflicted serious injury and embarrassing consequences when cer- upon her, criminal action may ensue. In tain emotionally disturbed women fall "in rare cases where muscular spasm occurs love with their doctor or lawyer." The after the initiation of intercourse, a con- characteristics of this form of erotism dition known as penis captiva may result.1 8 (which is always extensive, progressive, and aggressive), and which may pass from

17 OLIVEN, A MANUAL FOR THE PHYSICIAN 352 (1955). 19 DALBIEZ, PSYCHOANALYTICAL METHOD AND is Id. at 365. THE DOCTRINE OF FREUD 213-14 (1941). 9 CATHOLIC LAWYER, WINTER 1963 love to hate, with the risk of murder, have cut her off from sex and that she was liv- been frequently described. In the course ing an isolated life. That isolation was of professional experience, it is necessary not complete, however, was evidenced by the fact that she became pregnant. to set the limit on the affective transference At this point she began to devote her at- when it threatens to develop in the direc- tention to her obstetrician. Almost from tion of erotomania and become danger- the beginning she projected her own ous. 2 0 masochistic stimulation to the physician. Erotomania. Because of the importance She felt that the sight of her blood caused him to "have sexual orgasm." For this of erotic transference and to add emphasis reason she felt he did not do a blood test, to this importance, I would like to include and that he was sexually stimulated when in this section a brief description of Psy- she asked him to circumcise the baby. On choses Passionelle or pure erotomania, one occasion when she was to be exam- 21 which was first described by Clerambault. ined, she deliberately cut her finger on a In his description, he stated that the sub- venetian blind to see his reaction. She gleefully reported that as he fixed her ject of this disorder was usually a married finger, he was "having " over her woman who claimed that a man was in blood. love with her. This man was usually of a She stated quite frankly: "I am a lonely higher social status than the subject such as little girl who needs affection, and I like that of a lawyer, a physician or a clergy- my doctor. I've called him on the phone man. Although the subject states that she is and told him I was sick when I wasn't. I told him exactly how I felt. It is not unable to reciprocate because of fear, her unusual for a woman to get a crush on her attitude affects every aspect of her existence. obstetrician. She interprets all his acts as evidence of "I am in love with my doctor, or I think his love. Erotomania resembles an erotic I am. I am separated from my husband. transference closely enough to be mistaken I went to a lawyer about my husband' for it. It is, however, a more serious haz- and he is also bad off. He gets me by myself. He has to talk to me by the hour ard to the lawyer. It is a more serious and all he wants to do is talk about sex. threat and less easily handled than a trans- I told him I had no sex to waste." Here ference reaction. Erotomania may occur the projection is to another confidential without any encouragement from its sub- advisor. "I have called the doctor and ject.2 2 This case brings out many elements I have taunted him by writing him notes of erotomania; it also reveals strong mas- in Italian. I have sent him a piece of recording of an opera, and a bottle of ochistic elements: liquor and a big dry center piece. Should This patient was an attractive 25 year-old I go back to see him, or should I stay white married female. Her manner was away? I must admit I have a crush on seductive, and she was quite sensitive to my obstetrician." the response her coy and provocative man- One of the real dangers of such a person ner was receiving. After a quarrel with is her use of either veiled her husband she became bitter towards insinuations or him and complained loudly that he had outright lies to support her position. For example, the patient admitted later that 2Id. at 214. the following statement was not true. 21 CLERAMBAULT, OUVRE PSYCHIATRIQUE (1942). 22 ARIETI, 2 AMERICAN HANDBOOK OF PSYCHIA- My uncle is a police inspector, and he Ry 551-52 (1959). said that this doctor had been inviting a SEXUAL ANOMALIES

girl to his apartment. He disrobed her The average voyeur establishes a route completely and he cut her, or she cut him where he may expect the shades to be up, and then the police walked in. or where he can see in windows or where Qualitative Disturbances of the Sex Drive holes have been bored for purposes of ob- Voyeurism (Scopophilia). This condition servation. When he sees what he is looking is that generally referred to as Peeping or for, he is sexually aroused and may spon- Peeping Tomism. Looking or staring at a taneously ejaculate or masturbate. woman is an almost universal characteris- Exhibitionism. This is also a nuisance of- tic of adult males. Under ordinary circum- fense in which the subject, usually a male, stances, it can hardly be regarded as patho- exposes his genital organs, usually with the logical. Insistence on viewing the partner's penis erect 23 to a group of individuals who body as part of sex play should not be are as a rule strangers. 24 In the female, considered voyeurism. The voyeur seeks the are part of the genital system his view by stealth and usually as an end in and may also be exposed. According to itself. In many cases it is a compulsive act. some authors, the tendency of the female 2 5 In young children, peeping is frequent is to exhibit her whole body. but is usually the result of curiosity. This Children are natural exhibitionists and is frequently manifested in the "doctor their apparent lack of in running game" played by many young children. In around nude is to be considered normal. the course of the game, the children take This usually stops around the age of four turns being the "doctor" and performing or five and before this time, children of physical examinations on the "patient." opposite sexes may be allowed to mingle The child has a natural curiosity about in the nude and to bathe together. Any se- the bodily structure of others. Forcible vere repression of this tendency may re- repression of this tendency may lead in sult in an excessive sense of shame. The adult life to an intense sense of shame or normal of exhibitionism is horror when exposed to such sights. The pleasure in being looked at, as in the case normal adult sublimation of this tendency of actors, models and public speakers. The is in art, anatomy, or in certain forms of legal term "" is not an amusement as well as in normal sexual in- exact synonym of exhibitionism, but con- tercourse. tains all of its elements. These individuals As a rule, voyeurism is a nuisance of- tend to be over-conscientious and rigidly fense. In only rare instances is this type of moralistic in their personality. They may individual likely to approach his subject. be married but usually have an unsatisfac- In a few cases, such as an occasional men- tory . Although exhibitionists are tal defective or sociopathic personality, the not very aggressive, when they expose voyeurism may be a prelude to assault. themselves they intend to be seen and in- Voyeurism is an offense of males; the in- tend to "shock" their victims. There is a terest is exclusively in females. Some peepers are specialized and may be inter- at stool, or in chil- 23 OLIVEN, op. cit. supra note 17, at 403. ested only in women 24 ENGLISH & FINCH, INTRODUCTION TO PSY- dren, or in watching couples having inter- CHIATRY 273 (1954). course (mixoscopia). 25 Ibid. 9 CATHOLIC LAWYER, WINTER 1963

2 rather constant tendency on the part of the sertive wife or mother. 1 In almost every exhibitionist to return to the same spot, case, this element is found to some extent. more or less at the same time, and to the Exhibitionism is the seeking of love and same group. Homosexual individuals may resembles the love dances of savages and also have this same tendency. Age is not even the behavior of male animals to at- a constant factor although most of the tract females.211 Arieff and Rotman be- cases tend to occur later in life. lieve that it is the most common sexual In most cases, the subject will experience offense (thirty-five per cent of all sexual pronounced restlessness and tension before offenses) ° As a rule it responds to psy- he goes to "look for an opportunity. '2 6 In chotherapy and environmental manipula- the exhibitionist group there is a com- tion. As in other anomalies, exhibitionism pulsive and sexualized need to look and to is abnormal only when it takes extreme, be looked at. In most cases they are fear- fixated or compulsive forms. ful of indulging in a normal sexual experi- Transvestitism. In this condition, sexual ence so that the exposure tends to dis- satisfaction is derived from the wearing of place or rule out this type of experience. the apparel of the other sex or leading their In some cases, the exposure may serve as kind of life. Most of these individuals are an adequate sexual experience; others will homosexually oriented although they may masturbate or have a spontaneous ejacula- not engage in homosexual acts. Their sex- tion at the time of the exposure. ual satisfacton may be complete as a result Some authors divide exhibitionists into of their way of life and no other sexual three types (a) visual-the type described outlet is necessary. Transvestites may be above, (b) verbal-those who speak to of either sex. They should be distinguished women in obscene language, e.g., those from female impersonators who may wear who call and make lewd remarks on the women's clothing for the purpose of night telephone, (c) ideal-those who have an club performances or as homosexual pros- intense interest in showing lewd pictures titutes. or books. Transexualism. In this more advanced There may be many different etiological state of transvestitism, the male sexual or- factors in exhibitionism. For example, Na- gans are removed and an artificial vulva ville and Duboise-Ferriere suggest that it is created by plastic surgery. There is a can be caused by , hyposex- homosexual background in all such cases. uality, feeble-mindedness, chronic psy- In this country, this condition is relatively chosis, epilepsy, constitutional psychop- infrequent. athy, delirium, nudism, or accidental fac- Fetishism. According to Krafft-Ebing, tors. 27 There are many who agree with the the fetishist is always a man. In this suggestion of Rickles that it occurs mainly anomaly the sexual interest is displaced in timid men who are dominated by an as- 28 Rickles, Exhibitionism, 95 J. OF NERVOUS & MENTAL DISEASE 11-17 (1942). 29 ELLIS & ABARBANEL, THE ENCYCLOPEDIA OF 26 OLIVEN, op. cit. supra note 17, at 404. SEXUAL BEHAVIOR 808 (1961). 27 Naville & Duboise-Feriere, Etude sur l'ex- 30 Arieff & Rotman, Psychiatric Inventory of 100 hibitionisme, 19 SCHWEIZ. NEUROL. U. PSYCHIAT. Cases of Indecent Exposure, 47 ARCH. NEUROL. 79-84, 575 (1938). & PSYCHIAT. 495-98 (1942). SEXUAL ANOMALIES from the whole body to some part of it. the subject of the disturbance is a homo- For example, the sexual interest may be sexual. Such feelings may occur only in only in a woman's shoe or crippled joint. fantasy or lead only to masturbation. It It may extend to more normal aspects of becomes a legal concern when put into ac- the body such as a lock of hair, or in a tion against unwilling subjects whether they symbolic way, by touching a woman's be adults or children. or other parts of her body. The Sadistic acts may vary from subtle hu- fetish may be an article of clothing (fre- miliation to degrading acts, from mild quently underclothing) which serves as a spanking to lust-murder. In their milder stimulus to sexual arousal. This may be degrees, such acts may serve as a source followed by masturbatory activity. Most of to married couples as of these individuals are afraid of sexual re- a preliminary to the sex act. The man may lations in the usual way so a substitute is make his wife kneel before him, or spank picked. In this way the fetishist is able to her if she refuses. Biting and pinching are avoid the anxiety which would occur if he not unusual. These sexual stimulating acts were to attempt normal relations. are morally correct and should be legally Although this would appear at first acceptable if they are agreeable to both glance to be a relatively benign anomaly, parties and if the act culminates with ejacu- it may lead to serious mutilation and lation taking place in the vagina. even murder if the fetish is part of the sex- Sadistic acts become perverse when the ual anatomy of the woman. cruelty replaces the sex act; when the sadis- Sadism. Cruelty is a normal character- tic act becomes an end in itself. In such istic of children to some degree. We have cases, the man may actually physically in- all seen children pull the wings from flies jure the woman. It is almost always the or throw a cat off the roof to see how he male who performs the act; sadism is rare will land. Any sudden and severe attempt in women. Alcohol may release such reac- to suppress this tendency may result in a tions. fear of one's self in competition with oth- A typical situation apparently based on ers and a reluctance to try to control a situ- a sadistic type of reaction is the unmoti- ation through fear of hurting others. The vated attack headlined recently in our local normal adult sublimation is in competition, papers. A young girl walking home from in the struggle for existence, and in such the movies or from work is followed by a medical specialties as surgery. The adult man who may or may not have been drink- equivalents are sadism and masochism. ing. Since he knows that she will become Naturally one cannot permit a child to alarmed if he does so, he may follow display overt cruelty in his play, but on closely so as to enjoy her anxiety when the other hand, one should not respond to she realizes she is being followed. He his childish cruelty with cruel methods has usually chosen an area in which few of suppression. people are in the street. As the passers- In sadism, sexual pleasure even to or- by become less frequent he may attempt gasm is derived from the infliction of pain to accompany her, but whether he does or humiliation upon a person of the other so or not, or whether she refuses him or sex, or upon a person of the same sex if not, he will attack her with blows, knife 9 CATHOLIC LAWYER, WINTER 1963 slashes, or kicks of various degrees of se- be the primary purpose of the murder. In verity. Occasionally the girl is seriously some cases, the body parts may be eaten injured. The attack, which seems unpro- (anthropophagia) .32 voked, is for the purpose of relieving the For a long period before the murder, assailant's sadistic tension. the sadistic killer has an increasing sense As sadism becomes more severe, the vio- of sexual tension. He anticipates, plans his lence of the acts becomes greater. More deed in fantasy; he may recognize the severe beatings of the , fre- "wrongness" of his intended act but the quently associated with elaborate rituals, urge may persist. He may be leading an may be insisted upon. In such cases, some active sex life but the insistent urge to degree of impotence may be a factor. sadistic murder persists. 33 Scratching, biting, and sticking needles into Masochism. This condition is the con- the body are not infrequent. These may trary of sadism. The subject in this case occur with or without coitus. desires to be humiliated, degraded or hurt Murder associated with sadistic acts is by a member of the other sex as a means an extension of these practices. The sadis- of sexual stimulation. This anomaly de- tic murderer may accidently kill his sexual rives its name from Leopold von Sacher partner as a result of allowing his sex play Masoch (1836-1895), an Austrian novel- to get out of hand but her death is more ist, whose characters indulged in variegated likely to occur as a necessary condition to sex activity during which they derived his sexual arousal. This type of murderer sexual pleasure from being cruelly treated. is frequently a quiet, apparently well-be- Krafft-Ebing defined masochism as: haved man of indefinite age. He is usually A peculiar perversion of the psychical quite particular in regard to his personal vita sexualis in which the individual af- cleanliness. The background of such indi- fected, in sexual feeling and thought, is viduals is rich in neurotic traits. controlled by the idea of being completely and unconditionally subject to the will of The typical lust murder is characterized by a person of the opposite sex, of being periodic outbreaks. Cutting and stab- treated by this person as by a master, bing, particularly of the breasts and geni- humiliated and abused. This idea is col- talia, occur as do sucking, licking, or ored by sexual feeling; the masochist lives mouthing the wounds. Biting the skin or in fancies in which he creates situations drinking the blood may also occur. Erec- of this kind, and he often attempts to real- tion and ejaculation may be followed by ize them. 34 violation of the dying or injured victim. • . . The behavior is accompanied by in- Masochism occurs in two types (a) the tense sexual pleasure and excitement, and ideal in which the desires are strictly psy- the pervert usually behaves normally un- chic and begin and end in fantasy, (b) the 31 til the next outbreak. active type in which there is a desire to There may be dismemberment and mu- carry the process into actual practice. The tilations of the female body. In some cases, 32 JACOBY, THE UNSOUND MIND AND THE LAW the sexual parts of the body are amputated 344-45 (1918). and saved for later erotic acts. This may 33 OLIVEN, A MANUAL FOR THE PHYSICIAN 352 (1955). 31 ELLIS & ABARBANEL, op. cit. supra note 29, 34 KRAFFT-EBING, PSYCHOPATHIA SEXUALIS 115 at 806. (1908). SEXUAL ANOMALIES

extreme of this state is the masochistic Necrophilia. Necrophilia is a desire to suicide. This is the result of self-inflicted have sexual relations with a dead body. It practices which are carried too far and get is uncommon. beyond the subject's voluntary control. Gerontosexuality. In this condition a The following case is fairly typical of young person desires sexual relations with mild masochism: an old man or woman. In some cases, it In the last few years this patient had diffi- may be difficult to decide whether the in- culty in becoming aroused enough to have terest of a young boy or girl is the old an orgasm easily. She experimented to seek satisfactory means of stimulation. Her man or woman or his money. If, however, husband described this as follows: "Often he prefers relations per se with the older during these preliminaries she would bite person, it is probably an anomaly. me. I would then slap her buttocks bard Pygmalionism. This is a relatively un- and this would immediately excite her." common anomaly in which the individual "One evening when we were coming home from a party I remember breaking off a develops a sexual interest in statues. This switch from a bush in the yard and tell- may manifest itself clinically (a) by mas- ing her that I was going to switch her turbating and ejaculating on the statue or bare bottom with it. Almost as soon as (b) by having a woman pretend to be a we got into the house she could hardly statue and then arousing her to life by ap- wait to go to bed. At other times I would propriate take a belt and slap my hand with it or sexual stimuli. It may be that slap the bed along side her. She seemed some cases of necrophilia belong in this to become worked up very rapidly. I have category. whacked her with a belt several times. Frottage. A frotteur is an individual Never too hard, but occasionally she has who gains sexual satisfaction by rubbing cried out that it wasn't hard enough. Sev- eral times she has said while we were in against women in crowds, streetcars or the bedroom prior to marital relations, busses. It is a nuisance offense. 'You want to beat me, don't you.' If I Illusionary Cohabitation. This condi- said 'Yes,' she would cringe away and pre- tion is so common that in most cases it tend to be afraid. If I grabbed her and paddled her backside with my hand she should probably not be considered an ab- would be excited in a few moments." normality. It consists of looking at a Coprophilia. In this condition the sex- clothed woman and imaging her naked. If, ual stimulus is displaced from the woman however, such a use of the imagination to her excrement. The feces then becomes leads to mental or even actual masturba- a cause of sexual stimulation. Similar dis- tion, it assumes the significance of an anom- placement may occur to any bodily excre- aly. This condition is unlikely to come to tion. Watching the excretory act may also the attention of the law. serve as a sexual stimulus. Coprophagia. In this anomaly, due to Sexual Disturbanceswhich are Against a displacement, the eating of the woman's Marriage feces serves as a sexual stimulus. In a sim- Fornication. This is an act of inter- ilar way, there may be a desire to eat or course between two persons, neither of drink other secretions or excretions as a whom is married. The significance of this source of sexual satisfaction. condition from the standpoint of our pres- 9 CATHOLIC LAWYER, WINTER 1963 ent discussion is that in most jurisdictions, have had cases under observation where it is a violation of the penal code. This is lengthy incestuous relations took place, and where the recollection of the events another act which, when performed be- occurring during the night was completely tween consenting adults, should be made absent in the morning. 36 legal. Although complete incest is unusual in Adultery. This is an act of sexual inter- psychiatric patients, sexual petting and course between two persons, at least one of fondling by both parents of their children whom is married. Adultery is a violation is not unusual. This is a frequent source of of the penal code in most jurisdictions. It sexual conflict in the child in later life. As is a statute infrequently invoked and then uncomplicated a crime as incest would usually out of spite or pique. As with for- seem to be, confusions, disparities and un- nication, consenting acts between adults necessary complexities exist within the in- should be legalized. Such a change would cest statutes of the various states. it have no effect on its frequency and Seduction. In "King John," Shakespeare, would, to a large extent, remove the pos- in these lines, describes the essence of se- sibility of blackmail. duction: Incest. Incest is with King Richard Coeur-de-Lion was thy an individual related within forbidden de- father: grees (depending on the local statute) of By long and vehement suit I was seduc'd blood relationship. It usually takes place To make room for him in my husband's between mother and son, father and daugh- bed. Heaven lay not my transgression to my ter, brother and sister and among cousins. charge! Although incest is frequently mentioned by Thou art the issue of my dear offense, psychiatric patients, it seldom occurs as a Which was so strongly urged, past my de- 37 real act. The concept of the oedipal situa- fence. tion is based on incest. The oedipal teach- The words "long and vehement suit" con- ing of psychoanalysis has caused much dis- stitute the difference between rape and se- cussion, e.g., Freud wrote: duction. This condition has no special None of the discoveries of psychoanalyti- psychiatric interest. cal research has evoked such embittered Rape. The legal and medical literature contradiction, such furious opposition, and differ widely in regard to the terminology also such entertaining acrobatics of criti- used for rape. The term itself is common cism, as this indication of the incestuous impulses of childhood which survive in to both disciplines and is understood by 35 the unconscious. both in the same way. Other terms sound From the legal standpoint, this comment strange to medical ears and are quite likely of Stekel's is important: to be misunderstood. Perkins discusses Boys wander at night to mother's and these terms: girls to father's bed. Noctambulism is fre- The ancient term for the act (sexual in- quent among brothers and sisters, and I tercourse) itself was "carnal knowledge"

36 ROBINSON, ENCYCLOPAEDIA SEXUALIS (1936). 37 Shakespeare, King John, Act I, Scene I. Words 35 FREUD, THE INTERPRETATION OF DREAMS (3d spoken by Lady Faulconbridge, Mother of the ed. 1933). Bastard. SEXUAL ANOMALIES

and this is found in some of the recent question of donor insemination has not yet cases and existing statutes. The phrase been directly the subject of decision by the "sexual intercourse," more common to- courts.' It is possible that in the United day apart from legal literature, is also found in recent cases and existing statutes. States it would also legally constitute adul- Either term, when the reference is to tery. Semour, Koerner and Guttmacher rape, is sometimes coupled with the word suggest procedures to obviate the difficul- "ravish." And unlawful intercourse with ties of adultery and illegitimacy. Gutt- a girl under the is often macher suggests that delivery of the woman characterized as "carnal knowledge and abuse."3 1 be performed by some doctor other than the one who performed the insemination. It would be best if we could all speak the This is suggested so that the doctor who de- modern language. Rape is unlawful sexual intercourse with a female person without 9 land, 2 NEW PROBLEMS IN MEDICAL ETHICS consent.3 her 26-30; GEMELLI, ARTIFICIAL INSEMINATION; Psychiatrically, several aspects of rape Willink, Legal Aspects of Artificial Insemination, are of interest. Accusations of rape, for 158 THE PRACTITIONER 349 (1947). The edi- torial staff of the British Medical Journal held example, should be carefully scrutinized that it is generally agreed that a child con- because they frequently represent the ful- ceived by artificial insemination from a donor fillment of a fantasy. Young girls with would be illegitimate. Editorial: Artificial In- semination, 109 JUST. P. 194, 448 (1945). hysterical personalities are especially prone 41 In Strnad v. Strnad, 190 Misc. 786, 78 N.Y.S. to make such false accusations. Other 2d 390 (Sup. Ct. 1948), the former wife of questions frequently asked of psychiatrists Strnad attempted to prevent him from visiting are: whether a woman can be raped while her child who, she declared, was conceived by donor insemination. The judge in this case re- she is asleep; could a woman awakened at fused to make any decision on the question of night have intercourse with another man donor insemination since it was not the im- believing it was her husband; can a woman mediate issue in the case. See also Greenhill, Artificial Insemination: Its Medico-legal Impli- be physically overpowered by a man suf- cations, in SYMPOSIUM ON MEDICO-LEGAL PROB- ficiently to permit rape? These questions LEMs 43-87 (Levinson ed. 1948). Judge Gib- could only be answered after an examina- son E. Corman in Doornbos v. Doornbos, No. tion of the individual patient. 54 S. 14981 (Super. Ct., Cook Cty. Dec. 13, 1954) said: "Homologous artificial insemination Artificial Insemination. The medical and (when the specimen of used is obtained eugenic problems in artificial insemination from the husband of the woman) is not con- trary to public policy and good morals, and does are mild compared to the legal difficulties. not present any difficulty from the legal point According to both French and English of view. Heterologous artificial insemination law, a wife who becomes artificially insem- (when the specimen of semen used is obtained from a third party or donor) with or without inated by a donor (either by consent of her the consent of the husband is contrary to pub- husband or without his consent) is guilty lic policy and good morals, and constitutes adul- of adultery. 4 In the United States, the tery on the part of the mother. A child so con- ceived is not a child born in wedlock and there- fore is illegitimate. As such it is the child of 3 8 PERKINS, CRIMINAL LAW 113 (1937). the mother, and the father has no right or in- 39 Id. at 110. terest in said child." The Ontario (Canada) 40 Savatier, Artificial Insemination and the Law Supreme Court in 1921 (58 D.L.R. 251) also of France, 2 NEW PROBLEMS IN MEDICAL ETHICS declared that heterologous artificial insemination 15-19; Larere, Artificial Insemination in Eng- constituted adultery. 9 CATHOLIC LAWYER, WINTER 1963 livers the child could honestly say that, thing of undue species, and this is called so far as he knows, the husband of the bestiality. Thirdly, by copulation with an undue sex, male with male, or female with woman is the father of her child. Gutt- female, as the Apostle states: 43 and this macher recognizes that lying is involved is called the vice of sodomy. Fourthly, by here but he insists that it is a permissible not observing the natural manner of copu- lie. I wonder, then, arguing from the per- lation, either as to undue means, or as to other monstrous and bestial manners of missibility to falsify birth records in these 44 circumstances, if Guttmacher would say copulation. that it is also permissible for the poor to Note that St. Thomas uses the term sod- print their own counterfeit money when- omy to refer to homosexual acts between 4 2 ever they feel the pinch of circumstances either sex. Most of the statutes I was able to review are vague and seem to consider Triolism. This is a condition in which sodomy and acts contra naturam as syno- a man shares his wife or girl friend with nyms. For example, all subjects seem in- another man. The husband may compel cluded in this typical statute: his wife to have sexual relations with another man while he watches. This con- Every person who shall carnally know, or shall have sexual intercourse in any man- dition has rather obvious psychiatric im- ner with any animal or bird, or shall plications. Its legal implications are clear. carnally know any male or female by Abduction. As a rule abduction has no the anus () or with the mouth or tongue or shall attempt intercourse with particular psychiatric significance. 45 a dead body is guilty of Sodomy. Sexual Acts Which Are Contra Naturam It would be better to reserve the term sod- The reason these acts are considered as contra naturam is explained in this way omy for entry of the penis into the rectum by St. Thomas: of either the male or female and to use the more accurate terms for other acts "against Wherever there occurs a special kind of deformity whereby the venereal act is nature." rendered unbecoming, there is a determin- Fellatio. In fellatio, the act is performed ate species of lust. This may occur in two by inserting the penis into the mouth of the ways: First, through being contrary to partner. This term is more frequently used right reason, and this is common to all to refer to the complete act in which the lustful vices; secondly, because, in addi- tion, it is contrary to the natural order ejaculation takes place in the mouth, the of the venereal act as becoming to the human race: and this is called the un- natural vice. This may happen in several 43 ROMANS 1: 26-27: "For this cause God has given them up to shameful lusts; for their women ways. First, by pollution, with- have exchanged the natural use for that which out any copulation, for the sake of ven- is against nature, and in like manner the men ereal pleasure. This pertains to the sin also, having abandoned the natural use of the of uncleanness which some call eflem- woman, have burned in their lusts one towards inacy. Secondly, by copulation with a other, men with men doing shameful things and receiving in themselves the fitting recompense of their perversity." 42 Guttmacher, The Role of Artificial Insemina- 44SUMMA THEOLOGICA, 11-II, q. 154, art. 12 tion in the Treatment of Human Sterility, 19 (Benziger ed. 1947). BULL. OF THE NEW YORK ACADEMY OF MEDI- 45 ELLIS & ABARBANEL, THE ENCYCLOPEDIA OF ciNE 590 (1943). SEXUAL BEHAVIOR 626 (1961). SEXUAL ANOMALIES ejaculate usually being swallowed. Oral sexes at all ages. Masturbation is not un- stimulation of this type by the woman is a common in small children. Many writers relatively common act between married believe that the practice is universal, but couples, but if the ejaculation does not there is no proof of this. It is more frequent take place in the oral cavity, it is not fel- in boys than girls. In small infants, the latio properly speaking. Fellatio is a com- process should -not be called masturbation mon practice among homosexuals as well because it has nothing specifically to do as heterosexual individuals. with sex but is merely a part of the child's Cunnilinctus. This is a practice in which exploration of his body. He finds a part the vulva is orally stimulated by the male which is pleasurable when touched and partner. The woman may be stimulated to consequently he tends to touch it repeat- orgasm. The pleasure to the man may be edly because of the pleasure involved. such that he will achieve his orgasm as a Forcible attempts at repression of mastur- result of his act. More frequently, how- bation may lead to thumb-sucking, nail- disorders, ever, cunnilinctus is merely a source of biting, tics, or other neurotic development of stimulation to both parties and will be fol- among which might be the lowed by some other type of relationship. compulsive masturbation. Masturbation is more frequent in women after middle life This term is probably derived Sodomy. and in males during adolescence. from Sodom, an ancient Palestinian city Masturbation may be solitary or be per- which was destroyed according to Genesis, formed with one or more partners. The XVIII and XIX, because of the preva- latter form is referred to as mutual mas- lence there of unnatural sex relations. The turbation. It is probably the most common term is today most commonly used to des- sexual practice employed between female ignate coitus per anum, performed between homosexuals. homosexual partners. It may, however, Bestiality. This term refers to sexual in- take place between heterosexual partners. tercourse between humans and animals. If it is performed with a person of the same Although the condition is not frequent, it is sex, it is known by the moralists as perfect not rare. Most commonly it is practised by sodomy; when it occurs between persons boys and young men in remote areas, not of opposite sex-imperfect sodomy. In so much because of a preference for ani- some modern texts the term is used for mals but because of a lack of human asso- coitus of humans with animals. 40 A better ciation. In urban communities, it is sel- and more commonly used term for this ac- dom practiced by men but relations or at- tivity is bestiality. tempted relations between middle-aged Masturbation. Masturbation refers to women and their pets are not rare. all forms of sexual self-gratification. The Homosexuality. Before attempting to de- re- impulse to such an act may occur as a fine homosexuality, it is important to sult of psychic stimuli, either homosexual realize that until recently, practically or heterosexual, or local physical stimula- nothing was known of the state of being tion of the genital parts. It occurs in both a homosexual although there was knowl-

46 HINsIE & SHATZKY, PSYCHIATRIC DICTIONARY edge of homosexual acts. This naturally 493 (1953). lead to the concept that sodomy was an 9 CATHOLIC LAWYER, WINTER 1963 exclusively homosexual act and that all This aversion and abhorrence should homosexual individuals were perverts. not be understood to mean a total absence Homosexuals, also called inverts, may be of ability to have heterosexual relations perverted but they are not necessarily so. on the part of all homosexuals. It is not A pervert is an individual, homosexual or uncommon to see an individual who is heterosexual, who finds his complete sex- known to be a homosexual pushing a baby ual satisfaction in a manner which frus- carriage. Even in the presence of disgust trates the primary purpose of the sex act. and revulsion, one may carry out an un- It is important to realize that perversion pleasant task, and although with practice refers to complete satisfaction, not merely it may become more tolerable, it practically the use of such methods of stimulation for never becomes acceptable. In the case of sexual arousal. A homosexual or invert, the homosexual, the task may become more therefore, is not a pervert unless he per- acceptable by fantasying an homosexual forms perverse acts. It is important to companion. Disgust and aversion for sex- accept the concept that sexual inversion is ual contacts will persist, especially in the a way of thinking and feeling, not merely male homosexual, as long as he is an in- a way of acting. The performance of homo- vert. sexual acts is not in itself evidence of Oliven emphasized these feelings of inversion. Homosexuality, it must be noted, aversion: is not an entity in itself but is merely a These men are attracted exclusively symptom of some underlying disorder, toward men. Erotic situations involving probably a neurosis. Salzman expresses this an attractive woman leave them indiffer- ent or even fill them with repugnance or same thought: 48 vague fear. A definition in terms of behavior is pre- ferable, since homosexuality is a symptom The term homosexuality is often used of underlying personality distortion and indiscriminately to include such nonsexual not of a single integrated psychiatric syn- 7 concepts as dependency, aggression, com- drome.4 petition, domination, and submission. The The condition, however, is sufficiently term should, however, be restricted only clear-cut that it may be defined and de- to behavior which has orgiastic satisfaction 49 scribed per se. as its object. In homosexuality, there is a deviation of Anomaly, in The Invert, gives this de- the sex feelings away from their proper finition: heterosexual object to a sexual object of A homosexual person (or invert) is one the same sex. Homosexuality may be de- who, though apparently physically normal, fined, therefore, as a state in which the is entirely unsusceptible to the sexual and sexual object is a person of the same sex emotional attraction of his, or her, own 0 and in which there is a concomitant aver- sex.5 sion or abhorrence to sexual relations with 48 OLIVEN, A MANUAL FOR THE PHYSICIAN 431 members of the opposite sex. (1955). 49 Ovsey, The Homosexual Conflict, 17 PSYCHIA- 4 Salzman, The Concept of Latent Homosexu- TRY 245 (1954). ality, 17 THE AMERICAN J. OF PSYCHOANALYSIS 0 ANOMALY, THE INVERT AND HIS SOCIAL AD- 167 (1957). JUSTMENT 6 (1948). SEXUAL ANOMALIES It is important, therefore, to make a in which the individual so affected is sex- clear distinction between the state of being ually interested in members of both sexes. a homosexual and the way of acting like a It occurs usually when he is isolated from homosexual. There is no legal imputability the preferred sex and because of a strong, to the state of being a homosexual, but poorly discriminating sex drive, he will there is a definite legal imputability to sexually accept the same sex. This is most acting like a homosexual. likely to occur in prisons, in isolated mili- Oliven emphasizes other aspects of the tary posts and similar situations. This is homosexual state: not true homosexuality and resembles it This is a chronic, usually lifelong disorder only in its externals. Such individuals of the total personality, although in a usually prefer the heterosexual object. The number of cases its only apparent mani- term bisexual is derived from the biological festation is the abnormal direction of the fact that the urogenital tracts of the two sex drive. Homosexuality is basically a medical (probably chiefly psychiatric) sexes derive from a common embryonic problem. But because of its relative in- origin. Because the embryo contained cell curability, the fairly frequent tendency material from the glands of both sexes, of these patients to seduce others, and it was originally called hermaphroditic. because of the almost instinctive ani- This unfortunate description opened the mosity the homosexual inspires in many door to indiscriminate normal people, in practice it has remained speculations on rather more a social than a strictly medi- man's and appeared to offer a cal problem.51 scientific basis for the explanation of Homosexuals are usually classified as: homosexuality. Krafft-Ebing (1840-1903) adopted this idea and introduced it into (1) True homosexuals, also called Psy- psychiatry. In 1905 when Freud published cho-sexual homosexuals. his Contributions to the Theory of Sex, (2) Pseudohomosexual or Bisexuals. he followed the lead of Krafft-Ebing. He (3) Constitutional homosexuals. later changed some of his ideas and as True homosexuality or psychosexual late as 1933, he stated that he had merely "carried over the notion homosexuality is the condition defined of bisexuality into above. These individuals have no sexual mental life.1152 This biological concept has interest in members of the opposite sex. withered away and is seldom seriously con- They may, however, seek them out as sidered as representative of the genesis of intellectual or social companions. This homosexuality. condition is usually considered to be ac- Constitutional homosexuality is a term quired in early life and to be psychogenic which was used by those who felt that the in nature. It is this condition with which condition was inborn and consequently un- we are concerned when discussing the changeable. There is no scientific proof of homosexual state. this theory. Pseudohomosexuality, sometimes er- Pedophilia. There is confusion not only roneously called bisexuality, is a condition in the law but in psychiatric terminology

52 FREUD, NEW INTRODUCTORY LECTURES ON 51 OLIVEN, op. cit. supra note 48, at 430. PSYCHOANALYSIS (1933). 9 CATHOLTC LAWYER, WINTER 1963 concerning the meaning of the word pedo- all their pubic hair, admire or even kiss philia. A more popular term has been their mirror image. Most of these men masturbate 54 pederasty. The latter term, however, is a great deal. associated with sodomy in the thinking of The aggressive type of compulsive pedo- both professions. Since this is not true, the philia is more frequently directed against term is better discarded. Pedophilia should children of the other sex. In this type, in- be understood to mean a sexual anomaly stead of tenderness the subject is cruder, relating to children. A satisfactory defini- crueler and more aggressive. He may tion is that given by Oliven: physically harm the child and may occa- Pedophilia is a collective term for any sionally panic and kill although this is type of abnormal interest in a child on accidental rather than intentional. Not all the part of an adult, whether in a nature the conduct of the aggressive pedophiliac is of infatuation, molestation, abuse or a cruel. It may vary from intimate fondling pathologic desire to inflict pain. Much and playful spanking to attempts to have overlapping of motives and personality disorders can be found among the abusers the child masturbate him, to masturbating of children. 53 against the child's body, or to rape at- tempts. Pedophiia may be classified as Compul- Both types are a serious danger in the sive pedophilia (pedophilia ) and community. Chronic alcoholics are fre- Symptomatic pedophilia (pedophilia sex- quent in this group. In such cases, latent ualis). homosexuality may be activated. Neither (1) Compulsive pedophilia is a chronic type tends to change from one sex to the disorder occurring most frequently in men. other in succeeding instances. It manifests itself in a compulsive abnormal Both types must be distinguished from fondness for younger children. It may be Dorian Love in which the aggressor is a divided further into two types: (a) Tender homosexual who prefers relations with an and (b) Aggressive. adolescent male. The tender type of compulsive pedo- (2) Symptomatic pedophilia may occur philia is almost always directed toward at any age past adolescence and in about young boys by an adult male who may be ten per cent of the cases, it occurs in wom- married although he frequently has diffi- en. This condition differs from compulsive culty in relating to women with whom, pedophilia in that it is symptomatic of however, he is capable of being fond. His some underlying condition such as mental heterosexual drive may be quite deficient deficiency or organic brain disease. These but he is usually not completely impotent. individuals are at least as much a danger in Masturbation in such individuals is fre- the community as the compulsive pedo- quent. philiac and less susceptible to treatment. In some of these deviates the impression prevails that they are vastly "attached to Artificial Birth Control. So much has themselves" (narcissism), or rather to been written about the fact that artificial their own childhood image of themselves. birth control is against the natural law For instance, they may shave repeatedly

53 OLIVEN, op. cit. supra note 48, at 409. 54 d. at 410. SEXUAL ANOMALIES that no further comment will be made here. this law over a nine year period, only 783 In Connecticut, the sale and advertisement were found to be in need of specialized of birth control devices is still illegal. treatment. Parole experience with this group has been excellent. Of the 475 in- Prostitution. This condition is included dividuals granted parole through May 31, here only for the sake of completeness. The 1960, only 81 have violated that parole- legal and psychiatric implications of pros- a rate (17 per cent) considerable lower titution are too extensive for a brief treat- than that found with parole granted to the general prison population. It is particu- ment. larly noteworthy that only 43, or 9 per Anomalies in Which the Sexual Element cent of the total paroled, violated their is not in Consciousness parole by commission of a further sex There are many conditions, of which offense. For individuals who have been pyromania and kleptomania have been discharged following a period of institu- tional treatment and parole supervision, mentioned, in which the sexual factor is the results are even more outstanding. not clearly in consciousness. It may, in Through May 31, 1960, 414 individuals fact, be completely unconscious. Space were discharged from departmental con- does not permit a lengthy discussion of this trol: only 29, or 7 per cent of this group, committed a new offense following dis- subject but an example may help. A young 55 charge. man developed a compulsive desire to set fires to the extent of over several million The Illinois Commission Report con- dollars before he was caught. He had dis- cludes: "Not more than about 5% of con- 56 covered that the jumping flames, the victed sex offenders are dangerous." Paul excitement of the firefighting, and the sense W. Tappan reported: of power he experienced were sexually There are very few aggressive and dan- gerous sex offenders exciting. He would set the fire, go off a safe in the criminal popu- lation. Most of the deviates are mild and distance and watch the excitement. As the submissive, more an annoyance than a 57 excitement increased, he would ejaculate menace to the community. spontaneously. He concluded: Recidivism in Sex Offenders Our sex offenders are among the least The sexual psychopath laws are based recidivous of all types of criminals. They do not characteristically repeat as do our on a number of assumptions, many of burglars, arsonists, and thugs. 8 which are not proven. One of the principle In addition, other studies have conclud- assumptions is that there is a high degree ed that the danger represented by sex of recidivism in sexual offenders. It seems offenders is overemphasized9 to be assumed not only that the sex offen- der is more dangerous than other offenders, 55 2 MASSERMAN, CURRENT PSYCHIATRIc THERA- but that he has higher rates of recidivism PIES 179 (1962). than other criminals. Statistics are incom- 56 ILLINOIS COMM'N ON SEX OFFENDERS, RE- PORT TO THE SIXTY-EIGHTH GENERAL ASSEM- plete in regard to recidivism but those BLY 11 (1953). available do not support this view. 57 Tappan, Sentences for Sex Criminals, J. CRim. Pacht et al., reporting on their experience L., C. & P.S. 332-36 (1951). 5s Id. at 336. with the Wisconsin Sex Crimes Law, state: 59 LINDMAN & MCINTYRE, THE MENTALLY Dis- Of 1,605 male offenders examiied under ABLED AND THE LAW 304 n.48 (1961). 9 CATHOLIC LAWYER, WINTER 1963

Closely related to recidivism is the responsible because his offense represents theory that sex deviates progress from absence of control over normal temptations sex crimes to major sex crimes of and normal sexual desire. force and . The studies undertaken I find it hard to accept the concept of have proved that such is not the case.60 For sexual . This concept seems to example, Guttmacher and Weihofen6l presume responsibility in all areas of con- stated "it is believed that sex offenders reg- duct except the sexual.2 Many of the ularly progress from minor sex offenses statutes include the words "not insane." such as exhibitionism to major offenses like For example, the "sexual psychopath" is forced rape. Such a graduation is almost defined in the following terms in the Dis- unknown." trict of Columbia Code: All students of the subject do not agree "Sexual psychopath" means a person, on the. findings recorded above. Davidson, not insane, who by a course of repeated for example, states that "both the dynamics misconduct in sexual matters had evi- of sex psychopathy and the actual statistics denced such lack of power to control his sexual impulses as to be dangerous to seem to contradict that optimism (that the other persons because he is likely to at- is not a repeater). Davidson tack or otherwise inflict injury, loss, pain, 63 does not, however, present any convincing or other evil on the object of his desires. figures. (Emphasis added.) My own experience has been that, in In the District of Columbia, "insanity" offenses involving physical contact with is defined as: another person, the rate of repetition is A condition in which an individual is in- low. In those offenses not involving bodily capable of managing his own affairs, and contact, the repeat rate is quite high. Pro- is not a fit person to go at large or to go gression from a mild anomaly to a more unrestrained, and if permitted to remain serious one has not happened in my ex- at liberty in the District of Columbia, the rights of persons and property will be perience. jeopardized or the preservation of public peace imperiled and the commission of Responsibility of the Sexual Offender 64 crime rendered probable. Some psychiatrists are reluctant to admit If we substitute this meaning for the that anyone is "normal," i.e., "responsi- word "insane" in the above definition, the ble," on the theory that no one is free of latter portion seems redundant. The Code some personality distortion. They appar- implies that the sexual aspect of personality ently feel that since the act which has been can be isolated from the rest. This is im- committed is foreign to their own person- possible. A man is a psychosomatic unit. ality, that it is abnormal. This is certainly He functions as a whole. The basic prob- not true. It is especially not true of sexual lem here is that the sexual manifestation is disorders. It is also true that in many cases isolated from the rest of the personality. the sex offender should be considered

62 LINDMAN & MCINTYRE, op. cit. supra note 59, 6Od. n.51. at 318. 61 GUTTMACHER & WEIHOFEN, PSYCHIATRY AND 63 D.C. CODE ANN. §22-3503 (1951). THE LAW 111 (1952). 64D.C. CODE ANN. §21-311 (1951). SEXUAL ANOMALIES

The individual should not be judged on the (better called an unresisted urge) which basis of symptoms. appears to me best is: If we can accept the statement made An unresisted urge is one which, because above that, psychiatrically, "those offenses of mental illness, so far causes the indi- which are significant are those which, fol- vidual to lose his power of choice in re- gard to particular acts that in spite of the lowing a repetitive obsessional fantasy, fact that he may recognize an act as lead to compulsive acts of forced sexual wrong, he feels so impelled to act that he assault either on adults or children," then is unable to adhere to what he considers the problem of responsibility is greatly right. 6 clarified. A few terms need definition: Put in philosophical terms, this could be Repetitive means frequently repeated. expressed as follows: An unresisted urge Obsessional is derived from obsession is one which has developed so excessively which "is an overpowering, persistent, and at the expense of the other psychic powers irrational idea accompanied by feelings of that in comparison to this urge, the other tension and fear."65 Such an obsession powers exert negligible influence upon rea- may, of course, vary in degrees of severity. son when it is called upon to make a judg- ment. This urge occupies the focal point of Fantasy or daydreaming is "the act or consciousness. Because it occupies this state of dwelling amid people or scenes central point, it becomes the basis upon created by the imagination."' 6 which the intellect represents an object or Compulsive is derived from compulsion some course of activity as desirable to the which "isan overpowering, unreasonable will. urge to perform certain actions and is asso- In other words, this urge has developed ciated with the development of tension or 6 7 to such a degree that its occupancy of the anxiety if the act is not performed. whole field of consciousness for the indi- Forced means against the wish or will vidual precludes the entrance into con- of the individual attacked. sciousness of other notions which might In evaluating responsibility, therefore, tend to represent the urge as undesirable. the above factors must be considered. Since the urge is presented to the will only The question of "irresistible impulse" as something desirable to fulfill, the indi- would certainly arise if these conditions are vidual wills to satisfy the urge. This occurs present. Each case must be considered on not as an isolated temporary mental illness, its own merits and there will quite likely but as part of a continuing illness which be differences of opinion between psychia- both antedates and succeeds this particular trists. This will result because the degree of act. Instances of acts of short duration are compulsion will be a matter of the judg- more likely to be the result of sudden pas- ment of each psychiatrist. sion or anger and are not properly consi- The definition of irresistible impulse dered under this title. 9 There are three rules under which the

65 CAVANAGH & McGOLDRICK, FUNDAMENTAL PSYCHIATRY 264 (1958). 68 Cavanagh, A Psychiatrist Looks at the Dur- 66 Id. at 122. ham Decision, 5 CATHOLIC U.L. REV. 26 (1955). 67 Id. at 265. 69 Id. at 27. 9 CATHOLIC LAWYER, WINTER 1963

responsibility of the sexual offender may be his primary diagnosis. There will usually considered. be no problem in applying either the 1) The M'Naghten Rule70 M'Naghten or the A.L.I. Rules to sexual 2) The Proposed American Law Insti- offenders except for the inevitable differ- 7 1 tute Rule ence of opinions between psychiatrists. The 72 3) The Durham Rule Durham Rule presents a different problem. The Durham Rule. The use of the Dur- In applying any of these rules, it is im- ham Rule in sex offenses leads to even portant that it be applied to the basic more confusion than in other types of crim- personality disturbance of the individual. inal cases. Under this rule, the individual It should not be applied to a symptom. Just is not guilty if his crime was the product as a diagnosis of "hallucinations" would of mental illness or defect. As this rule not be considered an adequate diagnosis, has been interpreted by the courts in the neither is exhibitionism nor voyeurism. The District of Columbia, the only area in responsibility of the individual depends on which it has been accepted, almost any type of psychiatric disorder would result 70 "[Als these two questions appear to us to be in a finding of not guilty. If, as seems to more conveniently answered together, we sub- mit our opinion to be that the jury ought to be be the tendency, the sexual symptom is told in all cases that every man is to be pre- accepted as a diagnosis, then no one having sumed to be sane, and to possess a sufficient de- a sexual problem would be considered re- gree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; sponsible. If, for example, pedophilia is and that to establish a defence on the ground of accepted as a basic diagnosis rather than insanity, it must be clearly proved that, at the a symptom, then under the Durham Rule time of committing the act, the accused was lab- such an individual would oring under such a defect of reason, from dis- always be "not ease of the mind, as not to know the nature and guilty by reason of mental illness" in all quality of the act he was doing, or, if he did his offenses against children. This is so know it, that he did not know he was doing because it is obvious that if pedophilia is what was wrong." M'Naghten's Case, 10 Cl. & Fin. 200, 203, 208, 8 Eng. Rep. 718, 720, 723 the diagnosis, then it is equally obvious (H.L. 1843). that the crime against the child is the 71,"(1) A person is not responsible for criminal "product of his illness." Thus, also, the conduct if at the time of such conduct as a homosexual result of a mental disease or defect he lacks would be "not guilty" because substantial capacity either to appreciate the crim- any homosexual offense would be the prod- inality of his conduct or to conform his conduct uct of his illness. On the contrary, the to the requirements of law. (2) The terms homosexual is as responsible as the hetero- 'mental disease or defect' do not include an ab- normality manifested only by repeated criminal sexual individual for equivalent offenses. or otherwise anti-social conduct." MODEL PENAL ,Conclusions. (1) The sexual offender CODE, Appendix A, §4.01 (Tent. Draft No. 4, will in many cases be legally responsible. 1955). Substantially the same formula has been adopted by the Governor's Conference on the (2) His responsibility will depend on his Defense of Insanity of the State of New York basic disorder, not his sexual offense. (3) and by H.R. 7052, 87th Cong., 1st Sess. (1961), His responsibility will also depend on the introduced in Congress by Representative Davis degree of Georgia. of compulsiveness involved in his 72 Durham v. United States, 214 F.2d 862 (D.C. condition. (4) The M'Naghten and the Cir. 1954). American Law Institute Rules may be SEXUAL ANOMALIES applied without difficulty. Under the Dur- to conviction ratio is nearly 30 to 40 mil- 73 ham Rule, the problem will be much more lion to 300. complicated because of its failure to define Conclusion adequately "cause." This is one of the An attempt has been made to present fatal defects of the Durham Rule which in brief outline form the classification and has undoubtedly contributed to keeping it basic psychopathology of sexual anomalies. from being adopted by all jurisdictions ex- It is suggested that legal and psychiatric cept the District of Columbia. (5) Many terminology be brought up to date. This problems would be avoided if the laws would include adopting the term sexual could be changed to permit consenting anomaly as a substitute for sexual per- sexual acts between competent adults. version because it is more meaningful. It Enforcement of many of the present sex is also suggested that consenting sexual laws is impossible. The report of the acts between competent adults be legalized. Group for the Advancement of Psychiatry, This would bring the law into conformity for example, comments: with the modern knowledge of sex. Most Moreover, if they were strictly enforced sexual offenders are a nuisance rather than we should be indeed witness to a colossal a danger to the community. The recidivism travesty reaching all levels of American rate is low in offenses involving physical society. Absolute law enforcement would contact but high in noncontact offenses. perforce touch about 95% of the total male population. In contrast to the uni- An enlightened and progressive approach versality of illegal sexual behavior actu- to these problems and the development of ally only a meager number of persons falls an enthusiastic communication between the into the law enforcement net to suffer law and psychiatry can only lead to the inordinate punishment for the conduct of betterment of society-the end which gives many. In one category alone recent statistical studies bring to light that 6 to each science its meaning.

million homosexual acts take place each 7 GROUP FOR THE ADVANCEMENT OF PSYCHIA- year for every 20 convictions. In the area TRY, REPORT No. 9, PSYCHIATRICALLY DEVIATED of extra-marital copulation the frequency SEX OFFENDERS (1950).