uty of society is to make responsible
the one who has committed the dangerous or injurious act, and to
punish him if he has done harm. Here, on the contrary, one only of
the culprits (the prostitute) is compelled to keep to her vile trade,
while the man who makes use of her, and often infects her, is free
from any responsibility. Moreover, the State has no right to act
against responsible persons under the pretext that their future
sentiments or actions would have dangerous consequences for others;
this would lead to arbitrary abuse of power. The insane, and habitual
criminals make the only exceptions, for their abnormal and
irresponsible cerebral organization is a perpetual danger to society.
There is one question, however, which arises: Can prostitution in
itself be regarded as a misdemeanor punishable by law? If this were
the case, the client would have to be punished as well as the
prostitute; or both of them be sent to reformatories. This is the only
logical consequence, for in such cases the two contractors are equally
guilty, and also equally dangerous as regards infection.
How, therefore, can the system be justified which brands and inscribes
the prostitute only; which is not content with tolerating her vile
trade instead of punishing it, but gives it official sanction, causing
her to fall lower and lower; which finally, to crown the work,
licenses the proxenetism which exploits her vice? It is difficult to
imagine more complete hypocrisy, or a more contradictory system.
In former times when slavery was allowed, men's will and pleasure were
sufficient to justify such measures, which created for their profit a
class of female pariahs; and this was frankly and openly admitted.
Nowadays, the equal rights of women which are officially recognized in
civilized countries no longer allow it, and hygienic arguments only
can give such modern barbarity the hypocritical appearance of
justification. Lunatics and criminals are only locked up as a measure
of safety, and to attempt to improve them; but their bodies are not
allowed to become an object of commerce for the pleasure of other
members of society.
But the results of honestly interpreted statistics contradict the
apparent justification of the regulation of prostitution, in the name
of hygiene. It is intended to furnish men with a means of coitus free
from danger; but the facts prove that venereal disease has not been
diminished by this means. The false security
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