In reference to the special directions touching brothels and prostitutes, the document provides, “as a leading point, that every thing which exceeds the mere gratification of the natural passions, and tends to the advancement of debauchery, or the misuse of our toleration of a necessary evil, must be prevented;” and accordingly the women are prohibited from increasing their attractions “by painting or distinguishing attire,” and also from soliciting passengers in the public streets, or at the doors or windows of their houses, “as this is not only in contravention to public morals, but especially perilous to male youth; and such means of increasing the gains of people seeking their livelihood in this manner is not to be tolerated.” For similar reasons, the keepers of houses were restrained from offering wines or other strong drinks to their visitors, although it is admitted “they can not be prevented from providing refreshments,” yet stimulants are forbidden, “because they are great inducements to debauchery, whereby other excesses may be caused.”
The orders farther provide that no woman shall become a resident in a house of prostitution without previously appearing before the police, and obtaining permission from them; and the police are directed not to allow this permission to any female under age, unless they are satisfied that she has previously made a trade of prostitution. The section containing this stipulation is prefaced by a statement that “keepers of these houses seek especially to obtain blooming young girls, who can not be procured without infamous seduction, calculated to lead to debauchery.”
In reference to precautions against infection, it provides that the prostitutes and keepers of houses shall be instructed by some competent surgeon in the signs of venereal diseases, so that they may detect it in their visitors or themselves; also that any man communicating infection to a prostitute may be sentenced to make ample compensation if the woman can identify him; and farther, that the punishment inflicted upon girls infecting their visitors shall also be inflicted on the housekeepers, “as, although they may be innocent, their being included in the punishment for an incident of their trade is for the general weal.” All fines received were to accrue to the medical institutions provided for the cure of syphilis.
Again, it was deemed that “the venereal disease was much extended by common street-walkers,” and no women but such as resided in the known houses, where medical visits of inspection were constantly paid, were to be tolerated, and the night-watch were instructed to arrest those common women who were in the habit of plying their trade in the streets after dark—a portion of the penalty exacted being awarded to the officers who made such arrests, “to encourage their zeal.” But they were strictly cautioned against annoying innocent persons, “inasmuch as blunders in such matters create ill impressions against the authorities, and because the honor and happiness of the person might be irretrievably injured, so that it would be better to pass over a guilty person here and there, than to inculpate a single innocent one.” The royal rescript concludes by directing that a strict surveillance be kept over the females of the garrison, many of whom are stated, in very plain language, to be of improper character.
These directions were subsequently embodied in the general statute, or law of the land (landrecht), and upon that the police regulations which we quote hereafter were based.
The statute formally declares procurers and procuresses liable to imprisonment for from six months to three years in the House of Correction, with “a welcome and farewell;” Anglice, a sound whipping when admitted, and another when discharged. In the cases of parents or guardians who may aid in or connive at the prostitution of their children or wards, the term of imprisonment is doubled, and made more severe. It requires all common women to reside in the tolerated houses “under the eye of the state,” which houses are only to be permitted in populous cities, and “not elsewhere than in retired and back streets therein, the consent of the police authorities having been first obtained.” And in any case where a house of prostitution was established without this consent, or in defiance of the public orders, the keeper was to be liable to one or two years’ imprisonment. The police are strictly commanded to keep all tolerated houses under strict and constant surveillance; to make frequent visits in company with medical men, so as to check the progress of venereal disease; to prevent the sale of intoxicating liquors therein; to see that no woman was introduced without the knowledge and permission of the authorities, under a fine of fifty thalers, for each offense; and, more especially, that no innocent female was, by force or deceit, compelled or induced to live therein; which latter offense imposes “a public exhibition,” in the stocks or pillory, we presume, and from six to ten years’ imprisonment, with “welcome and farewell,” on the keeper, who was not to be allowed to keep such a house again under any circumstances.
The police are farther enjoined to see that the mistress of the house informs the authorities of the pregnancy of any woman residing in the house as soon as she is aware of it herself, but if it is concealed she (the mistress) is liable to imprisonment, especially if a secret birth takes place. The mistress is required to take charge of any woman who becomes pregnant, if there is no public institution to which she can be removed, and is at liberty to seek compensation from the father of the child, or, if he can not be found, she has a claim upon the mother. The child must be removed from the house as soon as it is weaned, and is to be cared for at the public cost if the parents have not means to do so.
If the keeper of the house, or the inmates themselves, conceal any venereal infection from the knowledge of the police, they render themselves liable to imprisonment from three months to a year, with “welcome and farewell.”
If thefts, assaults, or other offenses occur in such houses, the keeper is, in all cases, liable to the injured party, who can not in any other way obtain his indemnity, and is also suspected of complicity in the offense so long as the contrary can not be substantiated; and if it is proved that he did not exert all his power to prevent such occurrences, his neglect is to be punished by fine or imprisonment.
No woman desirous of leaving a tolerated house to change her mode of life, and support herself honestly, can be retained against her inclination, and no difficulties may be thrown in the way of her doing so; nor will the master be allowed to force her to remain, even though she may be in his debt, under the penalty of the loss of his permission from the police.