2525. Fornication Compared with Other Sins.—(a) It is less serious than those that offend a divine good (e.g., unbelief, despair, hatred of God, irreligion), or human life (e.g., abortion), or the human goods of those already in being (e.g., adultery). (b) It is more serious than sins that offend only an external good (e.g., theft), or that are opposed only to decency in the marriage state (e.g., unbecoming kisses of husband and wife).
2526. Circumstances of Fornication.—(a) Circumstances that aggravate the malice are the condition of the person with whom the sin is committed (e.g., that the female is a widow, or the employee of the man, or his ward, or a minor).
(b) Circumstances that add a new malice to fornication are of various kinds. Thus, previous circumstances are the distinct desires of the sin entertained beforehand, the solicitation and scandal of the other party or parties with whom the sin was committed; concomitant circumstances are the quality of the persons (e.g., fornication is sacrilegious if one of the parties is consecrated to God, and also, according to some, if one party is a Christian and the other an infidel; it is unjust if one of the couple is betrothed to a third party), or the quality of the act itself (e.g., if it is performed onanistically, though pollution may be excused if it results accidentally from the good purpose to discontinue the sinful act); subsequent circumstances are injury done to the partner in sin (e.g., by refusal to pay the support or restitution due) or to the offspring (e.g., by exposure, abortion, neglect).
Whether the fornication of an engaged person with a third party is a distinct species of sin is disputed. (a) According to some, it is a distinct species, or at least a form of adultery on account of the infidelity. (b) According to others, it is a distinct species if the guilty party is the woman, but not if it is the man, for the infidelity of the former is a far more serious matter than the infidelity of the latter. (c) According to still others, it is never a distinct species, since engagement to marry is a dissoluble agreement and the injury to the contract is therefore not a notable one. In this last opinion the manner of the sin is an aggravating circumstance, not a distinct species that has to be declared in confession.
2527. Forms of Fornication.—There are three special forms of fornication, which are all the same essentially, but which differ accidentally in malice or in results.
(a) Thus, ordinary fornication is that which is committed with a woman who is neither a harlot nor a concubine. This sin is in itself the least grave of the three, since it is not so harmful as whoremongering, nor so enduring as concubinage. Ordinary fornication also has its degrees of bad and worse: thus, engaged persons who sin together habitually are worse than those who sin only occasionally, and circumstances such as artificial onanism and abortion add to the guilt.
(b) Whoremongering is fornication committed with a harlot, that is, with a woman who makes a business of illicit intercourse and hires herself out for pay to all comers. Rarely does a harlot choose her life from passion or love, but is dragged in by white slavers, or enters from poverty, or after disgrace, or the like. This sin is worse than ordinary fornication from the viewpoint of propagation, since few harlots become mothers. But its most dire consequences are visited on the guilty persons themselves and on society: for the life of a prostitute is a most degrading slavery; to her patrons she communicates the most terrible diseases, which are then carried to innocent wives and children, and to the innocent she often becomes a cause of ruin, seeking her trade in the streets and public places. Today, according to reliable newspaper reports, many men and women have become rich in the terrible business known as the white-slave traffic. This horrible abuse has grown into a vast international machine which is efficiently organized, and which profits not only from prostitution, but from many other kinds of crime. The patrons of brothels, therefore, cooperate with the crying injustice that is often done the fallen woman, and with the criminals who destroy souls and bodies for their own advantage.
(c) Free love is fornication committed with one’s concubine, that is, with a woman who is not a public harlot but who has contracted with one man for habitual sexual intercourse as if they were man and wife. According to reports, this is quite common in Europe, where lawful marriage is very often preceded by free unions. The trial marriage advocated by some in this country, in which paramours agree to live together as husband and wife for a certain term of years or at pleasure, also falls under the category of concubinage. This sin is worse than mere whoremongering in one respect, namely, that it includes the purpose to continue in the state of sin, at least for a certain length of time. Moreover, there is often the public scandal and contempt for public opinion which other kinds of fornication may be free from. One who practises concubinage is living in a proximate occasion of sin, and hence he cannot be absolved unless he dismisses the concubine, if they cohabit, or agrees to keep away from her, if they do not cohabit.
2528. The State and Places of Prostitution.—It is clear that civil government has no right to support or provide places of prostitution, or to give permission for its practice, since fornication is intrinsically evil. But what should be said of toleration or license given to prostitutes by the public authority?
(a) Theoretically, the civil power has the right to give toleration or license; for, if the common welfare will suffer from a greater evil unless a lesser evil is suffered to go on, the lesser evil should be endured, and it is certain that there are greater evils than prostitution (such as rape and unnatural crimes of lust).