until the world is made
aware of these facts."
But, while the law has had no more influence in repressing abnormal
sexuality than, wherever it has tried to do so, it has had in repressing
the normal sexual instinct, it has served to foster another offense. What
is called blackmailing in England, _chantage_ in France, and _Erpressung_
in Germany--in other words, the extortion of money by threats of exposing
some real or fictitious offense--finds its chief field of activity in
connection with homosexuality.[274] No doubt the removal of the penalty
against simple homosexuality does not abolish blackmailing, as the
existence of this kind of _chantage_ in France shows, but it renders its
success less probable.
On all these grounds, and taking into consideration the fact that the
tendency of modern legislation generally, and the consensus of
authoritative opinion in all countries, are in this direction, it seems
reasonable to conclude that neither "sodomy" (i.e., _immissio membri in
anum hominis vel mulieris_) nor "gross indecency" ought to be penal
offenses, except under certain special circumstances. That is to say, that
if two persons of either or both sexes, having reached years of
discretion,[275] privately consent to practise some perverted mode of
sexual relationship, the law cannot be called upon to interfere. It should
be the function of the law in this matter to prevent violence, to protect
the young, and to preserve public order and decency. Whatever laws are
laid down beyond this must be left to the individuals themselves, to the
moralists, and to social opinion.
At the same time, and while such a modification in the law seems to be
reasonable, the change effected would be less considerable than may appear
at first sight. In a very large proportion, indeed, of cases boys are
involved. It is instructive to observe that in Legludic's 246 cases
(including victims and aggressors together) in France, 127, or more than
half, were between the ages of 10 and 20, and 82, or exactly one-third,
were between the ages of 10 and 14. A very considerable field of operation
is thus still left for the law, whatever proportion of cases may meet with
no other penalty than social opinion.
That, however, social opinion--law or no law--will speak with no uncertain
voice is very evident. Once homosexuality was primarily a question of
population or of religion. Now we hear little either of its economic
aspects or of its sacril
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