We have said that almost all offences are punished by fines only. Of the few offences which are felt to require a heavier punishment, the one most seriously regarded is incest. For this offence, which is held to bring grave peril to the whole house, especially the danger of starvation through failure of the PADI crop, two punishments have been customary. If the guilt of the culprits is perfectly clear, they are taken to some open spot on the river-bank at some distance from the house. There they are thrown together upon the ground and a sharpened bamboo stake is driven through their bodies, so that they remain pinned to the earth. The bamboo, taking root and growing luxuriantly on this spot, remains as a warning to all who pass by; and, needless to say, the spot is looked on with horror and shunned by all men. The other method of punishment is to shut up the offenders in a strong wicker cage and to throw them into the river. This method is resorted to as a substitute for the former one, owing to the difficulty of getting any one to play the part of executioner and to drive in the stake, for this involves the shedding of the blood of the community.
The kind of incest most commonly committed is the connection of a man with an adopted daughter, and (possibly on account of this frequency) this is the kind which is most strongly reprobated. It is obvious also that this form of incest requires a specially strong check in any community in which the adoption of children is a common practice. For, in the absence of severe penalties for this form of incest, a man might be tempted to adopt female children in order to use them as concubines. We find support for this view of the ground of the especially severe censure on incest of this form in the fact that intercourse between a youth and his sister-by-adoption (or VICE VERSA) is not regarded as incest, and the relation is not regarded as any bar to marriage. We know of at least one instance of marriage between two young Kenyahs brought up together as adopted brother and sister.[178] Of other forms of incest the more common (though, it should be said, incest of any form is very infrequent) are those involving father and daughter, brother and sister, and brother and half-sister.
The punishment of the incestuous couple does not suffice to ward off the danger brought by them upon the community. The household must be purified with the blood of pigs and fowls; the animals used are the property of the offenders or of their family; and in this way a fine is imposed.
When any calamity threatens or falls upon a house, especially a great rising of the river which threatens to sweep away the house or the tombs of the household, the Kayans are led to suspect that incestuous intercourse in their own or in neighbouring houses has taken place; and they look round for evidences of it, and sometimes detect a case which otherwise would have remained hidden. It seems probable that there is some intimate relation between this belief and the second of the two modes of punishment described above; but we have no direct evidence of such connection.[179]
All the other peoples also, except the Punans, punish incest with death. Among the Sea Dayaks the most common form of incest is that between a youth and his aunt, and this is regarded at least as seriously as any other form. It must be remembered that, owing to the frequency of divorce and remarriage among the Sea Dayaks, a youth may find himself in the position of step-son to half a dozen or more divorced step-mothers, some of them perhaps of his own age, and that each of them may have several sisters, all of whom are reckoned as his aunts; therefore he must walk warily in his amorous adventures.
Sexual perversion of any form is, we think, extremely rare among the pagan tribes of Borneo. We have never heard of any case of homosexuality on good authority, and we have never heard any reference made to it; and that constitutes, to our thinking, strong evidence that vice of that kind is unknown among most of the tribes. It is not unknown, though not common, among the Malays and Chinese, and, if cases occur sporadically among the pagans, they are presumably due to infection from those quarters.
Homicide
Kayans, as we have seen, have no scruple in shedding the blood of their enemies, but they very seldom or never go to war with other Kayans; and the shedding of Kayan blood by Kayans is of rare occurrence. To shed human blood, even that of an enemy, in the house is against custom. Nevertheless murder of Kayan by Kayan, even by members of the same house, is not unknown. In a wanton case, where two or more men have deliberately attacked another and slain him, or one has killed another by stealth, the culprit (or culprits) would usually be made to pay very heavy compensation to relatives, the amount being greater the higher the social status and the greater the wealth of the culprit; the amount may equal, in fact, the whole of his property and more besides; and he might, in order to raise the amount, have to sell himself into slavery to another, slavery being their only equivalent to imprisonment. The relatives would probably desire to kill the murderers; but the chief would generally restrain them and would find his task rendered easier by the fact that, if they insist on taking the murderer's life, they would forfeit their right to compensation.[180] The amount of the compensation to be paid would not depend upon the social standing of the murdered man, but the fine paid to the house or chief would be heavier in proportion to his rank. But we have knowledge of cases in which chiefs have, with the approval of the house, had a murderer put to the sword. The murderer who has paid compensation has, however, by no means set himself right with the household; they continue to look askance at him. Set fights or duels between men of the same house are very rare. If a Kayan of one house kills one of another, his chief would see that he paid a proper compensation to the relatives, as well as a fine to his own house. If a man killed his own slave, he would be liable to no punishment unless the act were committed in the house; but public opinion would strongly disapprove.
'Running AMOK' is not unknown among Kayans, though it is very rare. If a man in this condition of blind fury kills any one, he is cut down and killed, unless he is in the house; in which case he would be knocked senseless with clubs, carried out of the house into the jungle, and there slain.
Drunkenness during an act of criminal violence is regarded as a mitigating circumstance, and the fines and compensation imposed would be of smaller amount than in a case of similar crime deliberately committed.