Fetichism is criminal only as it relates to theft, Summary of indecency or petty assaults. Homosexuality is Psychopathic criminal within the limitations laid down in the stat-Anoraalies ute-books. Even where not accurately defined in the common-law canon, it is still criminal in the sense that it contravenes conventional decency, and menaces the vested interests of society. Effemination and Viraginity are not criminal, per se, save as they may become so in outraging the moral sense, or trespassing upon the rights of others; Androgyny and Gynandry being properly included in the same category.
Imbecility is obviously non-criminal, in its sexual, as well as other acts; as is Dementia also. The sexual acts of Epilepsy, and Periodical Insanity, are only non-criminal during acute attacks of the maladies; at other times the mind being, ordinarily, sufficiently clear to establish legal responsibility. The sexual acts of Hysteria may, or may not, be criminal, as the hysterical seizure takes on a cerebral, or purely sexual, character; most of such neuroses manifesting themselves in a morbid activity of the sexual function; Satyriasis and Nymphomania belonging to the same group of mixed neuro-psychoses. Masturbation, as a vice, is criminal; as a pathological symptom, it is non-criminal. The impulse to Exhibition may arise from disease, alcoholism, excessive venery, and innate vicious propensities; frequently producing the anomaly in individuals of otherwise perfectly sound mentality; the same anomaly manifesting itself, quite frequently in cases of weak or disordered brain function. Frottage is only forensically important as indicating, with almost absolute certainty, a neurotic and degenerate foundation; the latter "conditioned," as Krafft-Ebing remarks, "by violent libido and diminished virility." It is therefore non-criminal, for the most part, in its manifestations. Rape and Lubt-murder I have already sufficiently defined. Violation is the act, in a great majority of cases, of a man not mentally but morally weak; controlled by lust, and lacking in sexual power. In such cases it is invariably criminal. Many of the cases of violation, however, do rest upon a pathological basis; as in the case of old men who assault children. Bestiality is nearly always criminal; therefore little attention has ordinarily been given in medical jurisprudence to this class of offenders. Still, Krafft-Ebing records several cases where such offenders were weak-minded;' Kowalewaky, one who suffered from ecstasy and religious paranoia;1 and Boeteau, another who was "physically degenerate, irresponsible, and an invalid, not a criminal.* The rule, however, is, notwithstanding what some writers have urged to the contrary,* that bestiality is simply a manifestation of low morality, lack of opportunity for natural indulgence, and great sexual desire. Necrophilia is, presumably, always pathological and non-criminal. Incest is rarely due to mental disease; being rather the result of alcoholic indulgence, intense lust, and defective moral education; and Lesbianism and Orastupration are included, in this work, under the head of Homosexuality.