Most of the inmates of prisons convicted
of sex crimes are the poor and wretched and the plainly
defective. Nature, in her determination to preserve
the species, has planted sex hunger very deep in the
constitution of man. The fact that it is necessary
for the preservation of life, and that Nature is always
eliminating those whose sex hunger is not strong enough
to preserve the race, has overweighted man and perhaps
all animal life with this hunger. At least it
has endowed many men with instincts too powerful for
the conventions and the laws that hedge him about.
Rape is almost always the crime of
the poor, the hardworking, the uneducated and the
abnormal. In the man of this type sex hunger is
strong; he has little money, generally no family; he
is poorly fed and clothed and possesses few if any
attractions. He may be a sailor away from women
and their society for months, or in some other remote
occupation making his means of gratifying this hunger
just as impossible. There is no opportunity for
him except the one he adopts. It is a question
of gratifying this deep and primal instinct as against
the weakness of his mentality and the few barriers
that a meagre education and picked-up habits can furnish;
and when the instinct overbalances he is lost.
Incest, which is peculiarly the crime
of the weak, the wretched and the poor, has a somewhat
different origin. Westermarck in his “History
of Human Marriage” shows that in the early
tribe there was no inhibition against the marriage
of blood relations; that the restriction then was
against the members of the tribe that used one tent;
these might or might not be blood relations.
The traditions and folk-ways against the marriage
of close relations grew from the familiarity that came
from the living together of brother and sister, for
instance, in one home. This feeling gradually
worked itself into custom and habit and from that into
folk-ways and laws. Sometimes we read accounts
of the marriage of a man and woman who found, after
years had gone by, that they were brother and sister
who had been separated in infancy and grew up without
knowledge of their relation to each other. Whether
Nature forbids the marriage of relatives by preventing
offspring or by producing imperfect offspring is a
doubtful question. Certain communities in Europe
have lived together so long that all are related and
still they seem to thrive. Considering the general
custom and feeling on the subject, however, the man
and woman who know that they are closely related and
who marry are different and weaker than the others;
and this may show in their offspring. Although
the subnormal may have no such feeling, they are judged
by the traditions and customs of the normal and on
that judgment are sent to prison.
Many sex crimes are charged to children
in the adolescent age; children who have no knowledge
of sex and its development and are helpless in the
strength of their newly-discovered feelings. This
class of offenders is almost always the inferior and
the poor who are moved by strong instincts which they
have not the natural feeling, the strength, the education,
nor the desire to withstand.
While most crimes against persons
are not directly due to economic causes, still the
indirect effect of property is generally present in
these crimes as well as others. The fact that
the poor and defective are generally the subjects
of prosecution and conviction in these offences shows
how closely economic conditions are related to all
crimes.
Other criminal statutes are of more
modern date, and as a rule involve not much more than
adultery, except in regard to the age of the girl
offender, which is generally placed below eighteen.
Still the sex age of neither boys nor girls can be
fixed by a calendar. It depends really upon development,
which is not the same with all people or in all environments.
Many girls of sixteen are more mature and have more
experience of life than others of twenty. Most
laws provide that below sixteen one cannot give consent
and that a sexual act is then rape. It is doubtful
if there should be any intermediate age between sixteen
and eighteen, where an act is not rape but still a
minor offence.