[86] R. Schmoelder, Punishment of fornication as a trade.
[87] J. Kuehn. Prostitution in the nineteenth century from the standpoint of police sanitation.
[88] Dr. Fock—Prostitution in its ethical and sanitary aspect.
[89] Dr. H. Severus—Prostitution and the state.
[2.—Prostitution and the State.]
State supervision and organization of prostitution does not exist in the German empire as it does in France; prostitution is merely tolerated. Disorderly houses are prohibited by law and procurers may be severely punished. But notwithstanding these laws in many German cities, among others in Mayence, Magdeburg, Altona, Kiel, Nuremberg, Worms, Freiburg, Leipsic, Regensburg, Hamburg, Augsburg, Wuerzburg, disorderly houses exist that are tolerated by the police.[90] This seems an incredible state of affairs and its contradiction to the laws must be well known to our government officials. According to German law, persons renting an apartment to a prostitute are subject to punishment. On the other hand, the police are obliged to tolerate thousands of prostitutes and to protect them in their trade if they submit to the prescribed rules, for instance, to regular examination by a physician. But if the state makes concessions to prostitutes and supports them in the plying of their trade, it is necessary for them to have a residence also; in fact, it becomes necessary to public health and order that their trade should be carried on in definite quarters. What contradictions! On the one hand the state officially recognizes prostitution; on the other hand it persecutes and punishes prostitutes and procurers. Moreover, this attitude of the state confirms, that to modern society, prostitution is a sphynx whose riddle it cannot solve. Religion and morality condemn prostitution, the laws punish it, and yet the state tolerates and protects it. In other words, our society that prides itself on its morality, its piety, its civilization and culture must suffer itself to be polluted by the slow poison of immorality and corruption. Still another conclusion follows from these conditions: the Christian state admits that marriage is insufficient and that the man is justified in seeking illegitimate satisfaction of the sexual impulse. The woman is taken into consideration by this same state only, inasmuch as she yields to the illegitimate satisfaction of male lust, that is, becomes a prostitute. The police supervision and control of enlisted prostitutes does not include the men who mingle with the prostitutes, which ought to be a matter of course if the medical surveillance were to be partly effective at least, quite disregarding the fact that justice demands that the law should be equally applied to both sexes.
This protection of the man from the woman by the state overturns the nature of conditions. It appears as if men were the weaker, and women the stronger sex, as if women were the seducer, and poor, weak man the seduced. The myth of temptation of Adam and Eve in Paradise continues to influence our conceptions and laws and sustains the Christian assumption, that “woman is the great seducer, the source of sin.” Men ought to be ashamed of the pitiable and unworthy part they are playing, but it is pleasing to them to be regarded as “weak” and as “victims of seduction” for the more they are protected the more they may sin.
Wherever men come together in great numbers, they do not seem to be able to enjoy themselves without prostitution. That was seen among other instances by the occurrences at the rifle match in Berlin during the summer of 1890. These occurrences caused 2,300 women to sign a petition to the mayor of the German capital, which read as follows: “We beg your honor to permit our quoting what has been reported in regard to this festival by the press and other sources. These reports, which we read with the greatest indignation and disgust, among other things thus described the entertainments provided at the festival: ‘First, German Herold, greatest Café Chantant of the world’; hundred ladies and forty gentlemen; besides small variety shows and rifle ranges from which exceedingly obtrusive women molested the men; furthermore free concerts, where lightly garbed waitresses boldly and unrestrained, with seductive smiles forced their attentions alike on men and youths, on college boys and fathers of families. But the ‘lady’ who was almost nude and who invited them to visit the booths ‘The Secrets of Hamburg, or a Night in St. Pauli,’ might at least have been removed by the police. But the worst, something that plain men and women from the provinces can hardly accredit to the far-famed capital of the empire, was the fact that the committee on arrangements had permitted, that instead of waiters, young women in great numbers were engaged as waitresses and bar-maids without pay. We German women, as mothers, wives and sisters, frequently have occasion to send our brothers, husbands, sons and daughters to Berlin in service of the fatherland, and so we beg your honor, trusting to your influence as chief executive of the national capital to investigate these occurrences and to prevent a repetition of these orgies, especially at the forthcoming celebration of the victory at Sedan.”
During all large festivals, including the national ones, when men come together in great numbers, similar scenes occur.[91]
The German governments made frequent attempts to do away with the contradiction that exists between the legal theories and actual practice in regard to prostitution. They introduced bills among other things, which authorized the police to assign definite places of residence to the prostitutes. It was admitted that prostitution could not be suppressed and that it would therefore be better to limit it to certain places and to control it. Such a law—on this all were agreed—would have reinstated the public brothels that had been officially abolished in Prussia during the forties of the last century. The introduction of these bills caused great excitement and aroused much protest. It was stated that the state by extending protection to vice spread the opinion that prostitution was not averse to morality and was an officially sanctioned trade. These bills that met with much opposition in Parliament, have until now, remained unsettled. But their very introduction shows the predicament of the state.