SEXUAL CRIMES.

Most authors who treat of the correlation between criminality and economic conditions, have devoted their attention to economic crimes especially, and have had little or nothing to say about sexual crimes. Man’s sexual instincts, they say, have nothing to do with the economic life, they are a factor apart, and accordingly there is no relation between criminal sexuality and economic conditions.

We flatter ourselves that we shall be able to show that their opinion is erroneous, that a relation between sexual criminality and economic conditions does exist, although it is by nature less direct than that between economic crimes and the mode of production.

Having already remarked that the social forms of the sexual life (marriage and prostitution) are, in the last analysis, determined by the mode of production, we will not return to this topic. And it does not fall within the province of this work to speak of the relation of the intensity of the sexual life in general to economic conditions. From history we see that the sexual life plays now a greater, now a smaller part. It would be hard to admit that the causes of these changes are within man and not outside of him, particularly when very evident causes are to be found in the environment. Who does not see that the intensity of the sexual life of the upper classes of Rome of the decadence is explained by the exaggerated luxury, the idle existence of this group, and the dependent position of a part of the women (slaves).

In our present society the relation between the sexual life and economic conditions is equally clear. Everyone knows that the sexuality which occupies a very great place in that part of the bourgeoisie which passes its life in idleness and prodigality, is the consequence of this manner of living. On the other hand the low intellectual condition of the proletariat is the cause of a sexual life much more intense than it would be if the environment permitted a harmonious development of the whole nature. Engels, in his “Condition of the Working-class in England”, says of the English proletarians, what is applicable [[609]]to the workers in other countries also. “Next to intemperance in the enjoyment of intoxicating liquors, one of the principal faults of English working-men is sexual license. But this, too, follows with relentless logic, with inevitable necessity out of the position of a class left to itself, with no means of making use of its freedom. The bourgeoisie has left the working-class only these two pleasures, while imposing upon it a multitude of labors and hardships, and the consequence is that the working-men, in order to get something out of life, concentrate their whole energy upon these two enjoyments, carry them to excess, surrender to them in the most unbridled manner.”[469]

Further the dependent economic position of woman in our present society is also a factor of the increase of the intensity of the sexual life (especially prostitution).

However, it is not this question but sexual criminality upon which we must fix our attention. Here also we must divide the crimes into groups, as they differ too much among themselves to be treated of together. We shall take up in order, then: A. Adultery; B. Rape and indecent assault upon adults; C. Rape and indecent assault upon children.

A. Adultery.

It has been said, “the history of property is also that of theft.” In the same way we may say that the history of monogamy is also that of adultery, or in other words, that there is no monogamy without adultery. There must be, therefore, powerful and constant causes occasioning this offense. As we have seen above when we were setting forth briefly the history of marriage, adultery by the man was a permitted act at different stages of the social development.[470] If we ask why men committed this permitted act, but one reason can be alleged; they are not monogamous by nature. On the part of the woman the same act constituted, on the other hand, most often a very serious offense, threatened with the most severe penalties, which did not, however, prevent adultery on her side also. The cause is not different for the two sexes; women, too, are not monogamous by nature, though perhaps more nearly so than men.

From what we have just said the etiology of this crime is fixed. The only difference between the present and the past is that adultery [[610]]by the man also is punished in our time—there is no change in the etiology of the crime. It may be said that the fundamental cause of adultery is to be found in the nature of man, then, and that it is thus anthropological and not social. I cannot admit this view of the matter any more than I can believe that the ultimate cause of theft is the necessity of eating in order to live. If the fundamental cause of the offense of which we are treating is to be found in man, it would be present always and everywhere without reference to the environment. Sociology shows however, that this is not so. Up to a certain degree of social development men and women alike have been free in this respect; in other cases it is only the woman who is forced to remain true to her husband; and at times both have been compelled to remain faithful. Consequently, for one who does not consider society as an immovable body, but sees that everything is in motion, the fundamental cause of this crime is to be found in the structure of society itself, which in certain cases, prohibits a man from satisfying his natural inclinations. When the polygamous tendencies are stronger than the pressure of society a crime is committed.