have been consummated; (3) when one of the parties is under age, or
unable to give valid consent; in some cases it appears possible to apply
Article 334 of the penal code, directed against habitual excitation to
debauch of young persons of either sex under the age of 21.

This method of dealing with unnatural offenses has spread widely, at first
because of the political influence of France, and more recently because
such an attitude has commended itself on its merits. In Belgium the law is
similar to that of the _Code Napoleon_, as it is also in Italy, Spain,
Portugal, Roumania, Japan, and numerous South American lands. In
Switzerland the law is a little vague and varies slightly in the different
cantons, but it is not severe; in Geneva and some other cantons there is
no penalty; the general tendency is to inflict brief imprisonment when
serious complaints have been lodged, and cases can sometimes be settled
privately by the magistrate.

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 pu