8. Incest.
(Austrian Statutes, § 132; Abridgment, § 189; German Statutes, § 174.)
The preservation of the moral purity of family life is a product of civilization;[[148]] and feelings of intense displeasure arise in an ethically intact man at thought of lustful feeling toward a member of the same family. Only great sensuality and defective ideas of laws and morals can lead to incest.
Both conditions may, in tainted families, be operative. Drinking and a state of intoxication in men; weak-mindedness which does not allow the development of the feeling of shame, and which, under certain circumstances, is associated with eroticism in females,—these facilitate the occurrence of incestuous acts. External conditions which facilitate their occurrence are due to defective separation of the sexes among the lower classes.
As a decidedly pathological phenomenon, the author has found incest in states of congenital and acquired mental weakness, and infrequently in cases of epilepsy and paranoia.
In many of the cases, probably a majority, it is not possible, however, to find a pathological basis for the act which so deeply wounds not only the tie of blood, but also the feeling of a civilized people. But in many of the cases reported in literature, to the honor of humanity, the presumption of a psychopathic basis is possible.
In the Feldtmann case (Marc-Ideler, vol. i, p. 18), where a father constantly made immoral attacks on his adult daughter, and finally killed her, the unnatural father was weak-minded and, besides, probably subject to periodical mental disease. In another case of incest between father and daughter (loc. cit., p. 247), the latter, at least, was weak-minded. Lombroso (Archiv. di Psichiatria, viii, p. 519) reports the case of a peasant, aged 42, who practiced incest with his daughters, aged, respectively, 22, 19, and 11; he even forced the youngest to prostitute herself, and then visited her in a brothel. The medico-legal examination showed predisposition, intellectual and moral imbecility, and alcoholism.
There was no mental examination in the case reported by Schürmeyer (Deutsche Zeitschr. für Staatsarzneikunde, xxii, H. 1), in which a mother laid her son of five and a half years on herself, and practiced abuse with him; and in that given by Lafarque (Journ. Méd. de Bordeaux, 1874), where a girl, aged 17, laid her brother, aged 13, upon herself, brought about membrorum conjunctionem, and performed masturbation on him.
The following cases are those of tainted individuals: Magnan (Ann. méd.-psych., 1885) mentions an unmarried woman, aged 29, who, though indifferent toward other children or even men, suffered frightfully in the presence of her nephew, and could scarcely control her impulse to cohabit with him. This sexual peculiarity continued only as long as the nephew was quite young.
Legrand (Ann. méd.-psych., May, 1876) mentions a girl, aged 15, who seduced her brother into all manner of sexual excesses on her person; and when, after two years of this incestuous practice, her brother died, she attempted to murder a relative. In the same article there is the case of a married woman, aged 36, who hung her open breast out of a window, and indulged in abuse with her brother, aged 18; and also the case of a mother, aged 39, who practiced incest with her son, with whom she was madly in love, became pregnant by him, and induced abortion.
Through Casper we know that depraved mothers in large cities sometimes treat their little daughters in a most horrible fashion, in order to prepare them for the sexual use of debauchees. This crime belongs elsewhere.