(b) Practically, the question is open to dispute. Older moralists held that toleration was actually more beneficial to the common good than suppression. But under the conditions of the present time many moralists think it is a mistake to give any recognition to prostitutes, and much less to houses of prostitution. Even in large cities, where alone the license could be beneficial, the purposes of toleration are not fulfilled; for the moral evil seems to be greater, since an appearance of legality is given to prostitution, its practice is facilitated, its habitats become dens of every kind of iniquity, and the purpose of segregation is not realized; the physical evils also are not lessened, but perhaps increased, for even with medical inspection of prostitutes, syphilis and gonorrhea cannot be prevented.
2529. Defloration and Rape.—Defloration and rape are distinct species of lust, for each of them in its very concept includes a special and notable deformity not found in other species of impurity.
(a) Defloration is unlawful carnal knowledge of a woman who is virginal in body (1488 a). It has the special deformity of depriving the woman of the physical integrity that is most highly prized among all the unmarried of her sex, or at least of her own self-respect, and of setting her on the way to become a strumpet rather than an honorable wife or spinster. Some authors do not consider defloration a special sin unless it is done by violence, or unless injury is done the parental right over the virgin; and even the authors who consider unforced defloration a special sin hold that the new or additional malice in it is slight and venial, and therefore not a necessary matter of confession. The first sin of fornication by a male is not a special sin, because the consequences are not so serious for the man as for the woman, but of course seduction is always a special sin, whether the injured party be male or female.
(b) Rape is physical or moral coercion (i.e., force or fear) employed against any person (male or female, married or single, pure or corrupt), or against his or her guardians, to compel him or her to an act of lust. It has the special deformity of inflicting bodily injury on the person ravished. The sin of rape should not be confused with the canonical crime of rape, which consists in abduction, and which is an impediment to marriage (Canon 1074); nor with seduction, as when an innocent person is deceived into believing that an act of impurity is lawful, or is tricked into sin by false promises of marriage. Equivalent to rape is the carnal knowledge of a person drugged, hypnotized, or otherwise unconscious, or the seduction of an infant. A person who is ravished is obliged to deny all consent internally, and to resist or make outcry when this is possible (see 2497 a).
2530. Adultery.—Adultery is also a distinct species of lust.—(a) Definition.—Adultery is sexual intercourse with the husband or wife of another. If the sin is committed only in desire, there is mental adultery; if the paramours allow themselves unlawful familiarities without intercourse, or if a married person is guilty of solitary lust, there is imperfect adultery.
(b) Sinfulness of Adultery.—Adultery is a grave sin, since it is an act of impurity and is expressly forbidden in the sixth commandment (Exod., xx. 14), and is classed among the sins that exclude from the kingdom of heaven (I Cor., vi. 9, 10). It is a special sin, because it is a violation of the faith pledged in the contract and Sacrament of Matrimony, and an injury to the right of one’s spouse and of the conjugal state (Matt., xix. 5; Rom., vii. 3; I Cor., vii. 39). Even though a husband gives his wife permission to commit adultery or vice versa, the injustice remains, for though the individual is not formally injured, the married state is injured, since no married person has the right to give a permission opposed to the sacredness of the marriage vows (Denzinger, n. 1200).
(c) Degrees of Malice.—There are three degrees of malice in adultery. The first is that in which a married man sins with a single woman; the second that in which a married woman sins with a single man; the third that in which a married man sins with another man’s wife. The second is worse than the first, on account of its consequences (e.g., sterility, uncertainty of paternity, rearing of an illegitimate child in the family); the third is worse than the second, because in addition to the consequences just mentioned, it contains a double injustice (viz., unfaithfulness to an innocent wife and unfaithfulness to an innocent husband), and it multiplies the sin. If an adulterer’s husband or wife is also unfaithful, the injustice is lessened, but not removed; for not merely the two married persons are to be considered, but also the children, the family, society, and God; and the wrong done by one of the parties does not take away the right to fidelity pledged absolutely to all of these in marriage.
(d) Effects.—The party whose marriage rights have been injured by adultery was permitted under some former civil codes to kill a wife taken in adultery. But such laws were against justice and charity: against justice since no guilty person should be put to death unheard, and no injured person should be judge and accuser in his own case; against charity, since by such summary vengeance the adulteress would be sent to death in the midst of sin and without opportunity for repentance. The remedies of Canon Law for the innocent spouse will be noted below (2542).
2531. Incest.—Incest is impurity committed with a person related to one within the degrees in which marriage is forbidden.
(a) It is impurity, internal or external. Internal desires are mental incest, while external unconsummated (e.g., kisses) or consummated (e.g., intercourse) acts are actual incest.