Main  Contacts  
Table of contents
PREFACE
INTRODUCTION-1.1
INTRODUCTION-1.2
INTRODUCTION-1.3
INTRODUCTION-1.4
INTRODUCTION-1.5
INTRODUCTION-1.6
INTRODUCTION-1.7
FOOTNOTES-1
FOOTNOTES-2
THE STUDY OF SEXUAL INVERSION
SEXUAL INVERSION IN MEN-1
SEXUAL INVERSION IN MEN-2
SEXUAL INVERSION IN MEN-3
HISTORY-1-2-3-4
HISTORY-5
HISTORY-6
HISTORY-7-8
HISTORY-9
HISTORY-10-11-12
HISTORY-13-14
HISTORY-15
HISTORY-16-17-18-19
HISTORY-20
HISTORY-21 (begin)
HISTORY-21 (end)
HISTORY-22-23-24
HISTORY-25
HISTORY-26
HISTORY-27
HISTORY-28-29-30-31-32
HISTORY-33
SEXUAL INVERSION IN WOMEN-1
SEXUAL INVERSION IN WOMEN-2
SEXUAL INVERSION IN WOMEN-3
SEXUAL INVERSION IN WOMEN-4
HISTORY-34-35-36-37
HISTORY-38
HISTORY-39.1
HISTORY-39.2
HISTORY-39.3
HISTORY-39.4
FOOTNOTES
THE NATURE OF SEXUAL INVERSION-1
THE NATURE OF SEXUAL INVERSION-2
THE NATURE OF SEXUAL INVERSION-3
THE NATURE OF SEXUAL INVERSION-4
FOOTNOTES
THE THEORY OF SEXUAL INVERSION-1
THE THEORY OF SEXUAL INVERSION-2
THE THEORY OF SEXUAL INVERSION-3
CONCLUSIONS-1
CONCLUSIONS-2
CONCLUSIONS-3
CONCLUSIONS-4
FOOTNOTES
APPENDIX A
APPENDIX B-1
APPENDIX B-2-3-4
INDEX OF AUTHORS

 

The only large European countries in which homosexuality _per se_ remains 

a penal offense appear to be Germany, Austria, Russia, and England. In 

several of the German States, such as Bavaria and Hanover, simple 

homosexuality formerly went unpunished, but when the laws of Prussia were 

in 1871 applied to the new German Empire this ceased to be the case, and 

unnatural carnality between males became an offense against the law. This 

article of the German Code (Section 175) has caused great discussion and 

much practical difficulty, because, although the terms of the law make it 

necessary to understand by _widernatuerliche Unzucht_ other practices 

besides _paedicatio_, not every homosexual practice is included; it must be 

some practice resembling normal coitus. There is a widespread opinion that 

this article of the code should be abolished; it appears that at one time 

an authoritative committee pronounced in favor of this step, and their 

proposition came near adoption. The Austrian law is somewhat similar to 

the German, but it applies to women as well as to men; this is logical, 

for there is no reason why homosexuality should be punished in men and 

left unpunished in women. In Russia the law against homosexual practices 

appears to be very severe, involving, in some cases, banishment to Siberia 

and deprivation of civil rights; but it can scarcely be rigorously 

executed. 

 

The existing law in England is severe, but simple. Carnal knowledge _per 

anum_ of either a man or a woman or an animal is punishable by a sentence 

of penal servitude with not less than three years, or of imprisonment with 

not more than two years. Even "gross indecency" between males, however 

privately committed, has been since 1885 a penal offense.[270] The clause 

is open to criticism. With the omission of the words "or private," it 

would be sound and in harmony with the most enlightened European 

legislation; but it must be pointed out that an act only becomes indecent 

when those who perform it or witness it regard it as indecent. The act 

which brought each of us into the world is not indecent; it would become 

so if carried on in public. If two male persons, who have reached years of 

discretion, consent together to perform some act of sexual intimacy in 

private, no indecency has been committed. If one of the consenting parties 

subsequently proclaims the act, indecency may doubtless be created, as may 

happen also in the case of normal sexual intercourse, but it seems 

contrary to good policy that such proclamation should convert the act 

itself into a penal offense. Moreover, "gross indecency" between males 

usually means some form of mutual masturbation; no penal code regards 

masturbation as an offense, and there seems to be no sufficient reason why 

mutual masturbation should be so regarded.[271] The main point to be 

insured is that no boy or girl who has not reached years of discretion 

should be seduced or abused by an older person, and this point is equally 

well guaranteed on the basis introduced by the _Code Napoleon_. However 

shameful, disgusting, personally immoral, and indirectly antisocial it may 

be for two adult persons of the same sex, men or women, to consent 

together to perform an act of sexual intimacy in private, there is no 

sound or adequate ground for constituting such act a penal offense by law. 

 

One of the most serious objections to the legal recognition of private 

"gross indecency" is the obvious fact that only in the rarest cases can 

such indecency become known to the police, and we thus perpetrate what is 

very much like a legal farce. "The breaking of few laws," as Moll truly 

observes, regarding the German law, "so often goes unpunished as of this." 

It is the same in England, as is amply evidenced by the fact that, of the 

English sexual inverts, whose histories I have obtained, not one, so far 

as I am aware, has ever appeared in a police-court on this charge. 

 

It may further be pointed out that legislation against homosexuality has 

no clear effect either in diminishing or increasing its prevalence. This 

must necessarily be so as regards the kernel of the homosexual group, if 

we are to regard a considerable proportion of cases as congenital. In 

France homosexuality _per se_ has been untouched by the law for a century; 


Page 1 from 5: [1]  2   3   4   5   Forward