The sexual question

by Auguste Forel

As regards prostitution itself, it cannot be made a misdemeanor without opening the door too widely to complete arbitrariness. The State cannot prevent a responsible adult from disposing of his own body, without introducing religion and metaphysics into legislation; but the State can require those who practice prostitution not to molest the public. It has, therefore, the right to punish solicitation in the streets by fine or imprisonment, especially in often repeated offenses. It can also give persons of both sexes, who are victims of venereal disease, the right of claiming damages by civil law. The legality of this right of indemnity has been much contested. In my opinion it is legitimate when the State no longer tolerates or regulates prostitution; but so long as it does this, and submits prostitutes to obligatory medical treatment, the States takes the responsibility of their health. Under the régime of regulation, an infected person could logically claim damages from the State, or, at any rate from the pimps of licensed proxenetism.

The question of responsibility is quite different when prostitution is free. The sexual intercourse of a free prostitute with a man may be regarded as a private contract in which each party has the same rights and obligations. If one of the two contractors deceives the other by concealing venereal disease, the latter has the right to claim damages, if there is sufficient proof of infection from this source.

The right of indemnity does not, however, constitute the principal point. In order to successfully combat prostitution and venereal disease, fundamental social reforms are necessary.

(1). First of all the system of exploitation of the poor by the rich should be put an end to, the work of the poor being remunerated at its true value. This requires a social transformation of the relations between capital and labor.

(2). The use of narcotics, and especially alcohol, should be suppressed.

(3). The false modesty concerning sexual intercourse should be done away with.

(4). The public should be instructed in the dangers of venereal disease and in the means of preventing contamination. The only certain means of curing them consists in not contracting them.

(5). Cleanliness should be universally encouraged, especially in sexual intercourse.

(6). Preventive measures should be employed in every coitus, the object of which is not procreation.

(7). The treatment of venereal diseases in hospitals should be carried out in a decent and humane manner, so as not to shock the modesty of either sex, especially women, and so that patients need not be ashamed of submitting to medical treatment. Nowadays the venereal divisions of hospitals often more resemble brothels. This state of things makes it impossible for any woman with a particle of modesty to stay in these places. It is evident that women who are more or less virtuous, and even the better class of prostitutes, will avoid such hospital treatment as much as possible, and will thereby become the worst sources of infection.