that the offspring
of such unions are not slightly tainted by the mere fact of such
concentrated incest, but these cases are comparatively so rare that
they do not contribute to any appreciable extent, as incest, in
causing degeneration of the race; the factor which causes degeneration
is here mental disease, which arises from other hereditary causes,
chiefly of blastophthoric origin.
From what we have said it results that a penal action for incest
should only take place in the case of minors or insane persons, abuse
of strength or power, or rape. The measures of civil law should
suffice to reduce other cases of incest to a minimum.
The disgust which the generality of men feel for sexual union between
brothers and sisters, and especially between parents and children, is
the best protection against incest. The elimination of alcoholism, the
superintendence of the insane, and the improvement of our social
organization are much more likely than penal laws to lead to the
gradual disappearance of incest.
=Assaults on Minors.=--All assaults on minors should naturally be
prosecuted. But prosecution should take a different form according as
the culprit is affected with a pathological perverse disposition, or
whether it is simply a question of abuse of confidence committed by a
normal man. A master who, having no sexual anomaly, commits assaults
on young girls, his pupils, should be deprived of the right of
teaching in girls' schools, for it is only there that he is dangerous.
If, on the other hand, he is affected with perversion (pederasty,
etc.), further measures for protection should be taken against him;
according to the circumstances.
=Sexual Perversions.=--When we pass, on to sexual perversions, the
inconsequences and mysticism of our present penal law become still
more apparent. This code often prosecutes and punishes sexual actions
which do no harm to any one, or which two persons practice of their
own accord. Such cases may be suitable for moral or medical treatment,
but should never justify a penal prosecution. This applies to all the
manipulations of onanism, pederasty, masochism, fetichism, etc., which
take place between adults by mutual agreement.
What is the use of prosecuting inverts? It is a fortunate thing for
society that these psyhcopaths are contented with their mutual sexual
intercourse, the result of which is sterile and therefore does no harm
to posterity. The real crime is the marriage of an in
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