FREE BOOKS

Author's List




PREV.   NEXT  
|<   386   387   388   389   390   391   392   393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410  
411   412   413   414   415   416   417   418   419   420   421   422   423   424   425   426   427   >>  
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
PREV.   NEXT  
|<   386   387   388   389   390   391   392   393   394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410  
411   412   413   414   415   416   417   418   419   420   421   422   423   424   425   426   427   >>  



Top keywords:

opinion

 

France

 
homosexuality
 

social

 

penalty

 
chantage
 
blackmailing
 
reasonable
 

offense

 

repressing


called
 

proportion

 

sexual

 
considerable
 
change
 
modification
 
effected
 

prevent

 

matter

 
violence

protect

 

function

 

interfere

 

relationship

 

preserve

 
public
 

individuals

 

perverted

 

decency

 

Whatever


moralists

 

uncertain

 
evident
 

economic

 

aspects

 

sacril

 

primarily

 
question
 

population

 

religion


operation

 

observe

 

instructive

 

Legludic

 

involved

 
including
 
victims
 

aggressors

 

practise

 

activity