Crimes Against Sexual Morality

Criminal Law and Sexual Morality

The following information about Sexual Morality is from the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States by the Best American and European Writers.
“In the middle ages the church used to punish every kind of unchastity as an ecclesiastic transgression, but it is known how widespread sexual profligacy was in the middle ages among the clergy and laity, and how openly it was practiced. Loose women were not only tolerated, but public brothels were considered necessary institutions in a city. They frequently were the property of the lords of the country or city; they were leased out by them, or kept for them by brothel masters or mistresses whom they appointed. Private brothels were licensed, and stood under the protection of public authority, but had to pay certain taxes. In most German cities brothels had to be tolerated under police supervision, and the laws against simple prostitution, as a rule, remained void of effect.

In Germany it was mainly the work of Cella on crimes and transgressions in the matter of unchastity (1786), that paved the way for the opinion that simple incontinence, which appears only as vice, without offending the rights of others, or creating public scandal, is not punishable.

Where brothels are tolerated, they should be subjected to strict supervision, not only in the interest of sanitary police, but, above all, to prevent their becoming hot-beds of vice. It is desirable to give prostitutes the possibility of emancipating themselves from the control of panders and brothel-keepers. The strongest objection against the toleration of brothels consists in this, that in most cases the return to a good life is rendered impossible to their inmates.”

Introduction to Crimes Against Sexual Morality

A number of crimes involve sexual conduct. Rape, which has already been discussed as a crime against the person, is sometimes classified among these crimes. Fornication and adultery, in jurisdictions where these are crimes, are generally misdemeanors rather than felonies. Sodomy, incest, and bigamy are generally classified as felonies. Prostitution is probably the most common crime involving sex. There has been a modern trend in the United States to eliminate or restrict the scope of criminal statutes regulating sexual conduct, especially sexual activities among consenting adults.” (1)

Resources

Notes and References

• Information about Crimes Against Sexual Morality in the Encarta Online Encyclopedia

Guide to Crimes Against Sexual Morality

In this Section

Crimes Against Sexual Morality (including Fornication, Adultery, Sodomy, Incest, Bigamy and Prostitution).