Psychopathia sexualis: With especial reference to contrary sexual instinct
3. When the sexual instinct is perverse (states of psychical
426 words | Chapter 56
degeneration). It may, at the same time, be intensified.
Cases of sexual delinquency that occur outside of states of mental
defect, degeneration, or disease, can never be excused on the ground of
irresponsibility.
In many cases, instead of an abnormal psychical condition, a neurosis
(local or general) is found. Inasmuch as the transitions from a neurosis
to a psychosis are easy, and elementary psychical disturbances are
frequent in the former, and constant in profound perversion of the
sexual life, the neurotic affection—_e.g._, impotence, irritable
weakness, etc.—exerts an influence on the motive of the incriminating
act; and a just judge, notwithstanding the lack of legal
irresponsibility due to mental defect or disease, will recognize the
circumstances which ameliorate the heinousness of the crime.
For various reasons the practical jurist will, in all cases of sexual
crimes, call medical experts to make a psychiatric examination.
To be sure, his own conscience and judgment must be the guides when
necessity makes them his only reliance. Under the following
circumstances _indices_ are given which point to a pathological
condition:—
The accused is senile. The sexual crime is committed openly, with
remarkable cynicism. The manner of obtaining sexual satisfaction is
silly (exhibition), or cruel (mutilation or murder), or perverse
(necrophilia, etc.).
From what experience teaches, it may be said that, among the sexual acts
that occur, rape, mutilation, pederasty, _amor lesbicus_, and bestiality
may have a psycho-pathological basis.
In case of lust-murder,—in as far as it goes beyond murder itself,—and
likewise in case of mutilation of corpses, psychopathic conditions are
probable.
Exhibition and mutual masturbation make pathological states seem very
probable. Masturbation of another and passive onanism may occur in
connection with senile dementia and contrary sexual feeling, but also
with mere sensuality.
Cunnilingus and fellare (penem in os mulieris arrigere) have not thus
far been shown to depend upon psycho-pathological conditions.
These horrible sexual acts seem to be committed only by sensual men who
have become satiated or impotent from excessive indulgence in a normal
way. Pædicatio mulierum does not seem to be psychopathic, but rather a
practice of married men of low morality, who wish to prevent pregnancy;
and of satiated cynics in non-marital sexual indulgence.
The practical importance of the subject makes it necessary that the
sexual acts threatened with punishment as sexual crimes be considered by
jurists from the stand-point of the medico-legal expert. Thus there is
an advantage gained, in that the psycho-pathological acts, according to
circumstances, are placed in the right light by comparison with
analogous acts that fall within the domain of physiological psychology.
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