This protection by the State of man and not woman, turns upside down the nature of things. It looks as if men were the weaker vessel and women the stronger; as if woman were the seducer, and poor, weak man the seduced. The seduction-myth between Adam and Eve in Paradise continues to operate in our opinions and laws, and it says to Christianity: "You are right; woman is the arch seductress, the vessel of iniquity." Men should be ashamed of such a sorry and unworthy role; but this role of the "weak" and the "seduced" suits them;—the more they are protected, all the more may they sin.
Wherever men assemble in large numbers, they seem unable to amuse themselves without prostitution. This was shown, among other instances of the kind, by the occurrences at the German Schuetzenfest, held in Berlin in the summer of 1890, which caused 2,300 women to express themselves as follows in a petition addressed to the Mayor of the German capital: "May it please your Honor to allow us to bring to your knowledge the matters that have reached the provinces, through the press and other means of communication, upon the German shooting matches, held at Pankow from the 6th to the 13th of July of this year. The reports of the matter, that we have seen with indignation and horror, represent the programme of that festival with the following announcements, among others: 'First German Herald, the Greatest Songstress of the World;' 'A Hundred Ladies and Forty Gentlemen:' Besides these smaller cafes chantants and shooting galleries, in which importunate women forced themselves upon the men. Also a 'free concert,' whose gaily-clad waitresses, seductively smiling, brazenly and shamelessly invited the gymnasium students and the fathers of families, the youths and the grown men alike, to the 'shooting retreats.'... The barely dressed 'lady' who invited people to the booth of 'The Secrets of Hamburg, or a Night in St. Pauli,' should have been enough to justify her removal by the police. And then the shocking announcement, almost incredible of the much boasted about Imperial capital, and hardly to be believed by plain male and female citizens in the provinces, to the effect that the managers of the festival had consented to the employment, without pay, of 'young women' in large numbers, as bar-maids, instead of the waiters who applied for work.... We, German women, have thousands of occasions, as wives, mothers and as sisters, to send our husbands, children, daughters and brothers to Berlin in the service of the fatherland; we, consequently, pray to your Honor in all humbleness and in the confident expectation that, with the aid of the overpowering influence, which, as the chief magistrate of the Imperial capital, lies in your hand, you may institute such investigations of those disgraceful occurrences, or adopt such other measures as to your Honor may seem fit, to the end that a recurrence of those orgies may not have to be apprehended at the pending Sedan festival, for instance...." (!!)
During the session of the Reichstag, from 1892 to 1893, the united Governments made an effort to put an end to the contradiction that governmental practice, on the one hand, and the Criminal Code on the other, find themselves in with regard to prostitution. They introduced a bill that was to empower the police to designate certain habitations to prostitutes. It was admitted that prostitution could not be suppressed, and that, therefore, the most practical thing was to tolerate the thing in certain localities, and to control it. The bill—upon that all minds were agreed—would, if it became a law, have called again to life the brothels that were officially abolished in Prussia about 1845. The bill caused a great uproar, and it evoked a number of protests in which the warning was raised against the State's setting itself up as the protector of prostitution, and thereby favoring the idea that the use of prostitution was not in violation of good morals, or that the trade of the prostitute was such that the State could allow and approve of. The bill, which met with the strongest opposition both on the floor of the Reichstag and in the committee, was pigeon-holed, and dared not again come into daylight. That, nevertheless, such a bill could at all take shape reveals the embarrassment that society is in.
The administrative regulation of prostitution raises in the minds of men not only the belief that the State allows the use of prostitution, but also that such control protects them against disease. Indeed, this belief greatly promotes indulgence and recklessness on the part of men. Brothels do not reduce sexual diseases, they promote the same: the men grow more careless and less cautious.
Experience has taught that neither the establishment of houses of prostitution, controlled by the police, nor the supervision and medical inspection, ordered by the police, afford the slightest guarantee against contagion. The nature of these diseases is frequently such that they are not to be easily or immediately detected. If there is to be any safety, the inspection would have to be held several times a day. That, however, is impossible in view of the number of women concerned, and also of the costs. Where thirty or forty prostitutes must be "done" in an hour, inspection is hardly more than a farce; moreover, one or two inspections a week is wholly inadequate. The success of these measures also suffers shipwreck in the circumstance that the men, who transmit the germs of disease from one woman to another, remain free from all official annoyance. A prostitute, just inspected and found healthy, may be infected that same hour by a diseased man, and she transmits the virus to other patrons, until the next inspection day, or until she has herself become aware of the disease. The control is not only illusory: These inspections, made at command, and conducted by male, instead of female physicians, hurt most deeply the sense of shame; and they contribute to its total ruination. This is a phenomenon confirmed by many physicians. Even the official report of the Berlin Police Department admits the fact by stating: "It may also be granted that registration causes the moral sense of the prostitute to sink still lower."[104] Accordingly, the prostitutes try their utmost to escape this control. A further consequence of these police measures is that they make it extraordinarily difficult, even impossible, for the prostitute ever again to return to a decent trade. A woman, that has fallen under police control, is lost to society; she generally goes down in misery within a few years. Accurately and exhaustively did the fifth Congress at Geneva for Combatting Immorality utter itself against the police regulation of prostitutes, by declaring: "The compulsory medical inspection of prostitutes is an all the more cruel punishment to the woman, seeing that, by destroying the remnants of shame, still possible within even the most abandoned, such inspection drags down completely into depravity the wretched being that is subjected thereto. The State, that means to regulate prostitution with the police, forgets that it owes equal protection to both sexes; it demoralizes and degrades women. Every system for the official regulation of prostitution has police arbitrariness for its consequence, as well as the violation of civic guaranties that are safeguarded to every individual, even to the greatest criminal, against arbitrary arrest and imprisonment. Seeing this violation of right is exercised to the injury of woman only, the consequence is an inequality, shocking to nature, between her and man. Woman is degraded to the level of a mere means, and is no longer treated as a person. She is placed outside of the pale of law."
Of how little use police control is, England furnishes a striking illustration. In the year 1866 a law was enacted on the subject for places in which soldiers and marines were garrisoned. Now, then, while from 1860 to 1866, without the law, the lighter cases of syphilis had declined from 32.68 to 24.73 per cent., after a six years' enforcement of the new law, the percentage of diseased in 1872 was still 24.26. In other words, it was not one-half per cent. lower in 1872 than in 1866; but the average for these six years was 1-16 per cent. higher than in 1866. In sight of this, a special Commission, appointed in 1873, to investigate the effect of that law, arrived at the unanimous conclusion that "the periodical inspection of the women who usually have sexual intercourse with the personnel of the army and navy, had, at best, not occasioned the slightest diminution in the number of cases," and it recommended the suspension of periodical inspections.
The effects of the Act of Inspection on the women subjected thereto were, however, quite different from those on the troops. In 1866, there were, to every 1,000 prostitutes, 121 diseases; in 1868, after the law had been in force two years, there were 202. The number then gradually dropped, but, nevertheless, still exceeded in 1874 the figure for 1866 by 16 cases. Under the Act, deaths also increased frightfully among the prostitutes. In 1865 the proportion was 9.8 to every 1,000 prostitutes, whereas, in 1874 it had risen to 23. When, towards the close of the sixties, the English Government made the attempt to extend the Act of Inspection to all English cities, a storm of indignation arose from the women. The law was considered an affront to the whole sex. The Habeas Corpus Act,—that fundamental law, that protects the English citizen against police usurpation—would, such was the sentiment, be suspended for women: any brutal policeman, animated by revenge or any other base motive, would be free to seize any decent woman on the suspicion of her being a prostitute, whereas the licentiousness of the men would remain unmolested, aye, would be protected and fed, by just such a law.
Although this intervention in behalf of the outcasts of their sex readily exposed the English women to misrepresentation and degrading remarks from the quarter of narrow-minded men, the women did not allow themselves to be held back from energetically opposing the introduction of the law that was an insult to their sex. In newspaper articles and pamphlets the "pros" and "cons" were discussed by men and women; in Parliament, the extension of the law was, first, prevented; its repeal followed later. The German police is vested with a similar power, and cases that have forced themselves into publicity from Berlin, Leipsic and other cities, prove that its abuse—or be it "mistakes" in its exercise—is easy; nevertheless, of an energetic opposition to such regulations naught is heard. Even in middle class Norway, brothels were forbidden in 1884; in 1888 the compulsory registration of the prostitutes and the inspection connected therewith were abolished in the capital, Christiania; and in January, 1893, the enactment was made general for the whole country. Very rightly does Mrs. Guillaume-Schack remark upon the "protective" measures adopted by the State in behalf of the men: "To what end do we teach our sons to respect virtue and morality if the State pronounces immorality a necessary evil; and if, before the young man has at all reached mental maturity, the State leads woman to him stamped by the authorities as a merchandise, as a toy for his passion?"
Let a sexually diseased man, in his unbridled career of licentiousness, contaminate ever so many of these poor beings—who, to the honor of woman be it said, are mostly driven by bitter want or through seduction to ply their disgraceful trade,—the scurvy fellow remains unmolested. But woe to the woman who does not forthwith submit to inspection and treatment! The garrison cities, university towns, etc., with their congestion of vigorous, healthy men, are the chief centers of prostitution and of its dangerous diseases, that are carried thence into the remotest corners of the land, and everywhere spread infection. The same holds with the sea towns. What the moral qualifications are with a large number of our students the following utterance in a publication for the promotion of morality may give an idea of: "With by far the larger number of students, the views entertained upon matters of morality are shockingly low, aye, they are downright unclean."[105] And these are the circles—boastful of their "German breed," and "German morals"—from which our administrative officers, our District Attorneys and our Judges are in part recruited.
"Thy sins shall be visited upon the children unto the third and fourth generation." This Bible sentence falls upon the dissipated and sexually diseased man in the fullest sense of the word, unhappily also upon the innocent woman. "Attacks of apoplexy with young men and also women, several manifestations of spinal debility and softening of the brains, all manner of nervous diseases, affections of the eyes, cariosity, inflammation of the intestines, sterility and atrophy, frequently proceed from nothing else than chronic and neglected, and, often for special reasons, concealed syphilis.... As things now are, ignorance and lightheadedness also contribute towards turning blooming daughters of the land into anaemic, listless creatures, who, under the burden of a chronic inflammation of the pelvis, have to atone for the excesses committed by their husbands before and after marriage."[106] In the same sense does Dr. Blaschke utter himself:[107] "Epidemics like cholera and smallpox, diphtheria and typhus, whose visible effects are, by reason of their suddenness, realized by all, although hardly equal to syphilis in point of virulence, and, in point of diffusion, not to be compared therewith, yet are they the terror of the population ... while before syphilis society stands, one feels inclined to say, with frightful indifference." The fault lies in the circumstance that it is considered "improper" to talk openly of such things. Did not even the German Reichstag stop short before a resolution to provide by law that sexual diseases, as well as all others, shall be treated by Sick-Benefit Associations?