Psychopathia sexualis: With especial reference to contrary sexual instinct

degeneration). It may, at the same time, be intensified. Cases of sexual delinquency that occur outside of states of mental defect, degeneration, or disease, can never be excused on the ground of irresponsibility. In many cases, instead of an abnormal psychical condition, a neurosis (local or general) is found. Inasmuch as the transitions from a neurosis to a psychosis are easy, and elementary psychical disturbances are frequent in the former, and constant in profound perversion of the sexual life, the neurotic affection—_e.g._, impotence, irritable weakness, etc.—exerts an influence on the motive of the incriminating act; and a just judge, notwithstanding the lack of legal irresponsibility due to mental defect or disease, will recognize the circumstances which ameliorate the heinousness of the crime. For various reasons the practical jurist will, in all cases of sexual crimes, call medical experts to make a psychiatric examination. To be sure, his own conscience and judgment must be the guides when necessity makes them his only reliance. Under the following circumstances _indices_ are given which point to a pathological condition:— The accused is senile. The sexual crime is committed openly, with remarkable cynicism. The manner of obtaining sexual satisfaction is silly (exhibition), or cruel (mutilation or murder), or perverse (necrophilia, etc.). From what experience teaches, it may be said that, among the sexual acts that occur, rape, mutilation, pederasty, _amor lesbicus_, and bestiality may have a psycho-pathological basis. In case of lust-murder,—in as far as it goes beyond murder itself,—and likewise in case of mutilation of corpses, psychopathic conditions are probable. Exhibition and mutual masturbation make pathological states seem very probable. Masturbation of another and passive onanism may occur in connection with senile dementia and contrary sexual feeling, but also with mere sensuality. Cunnilingus and fellare (penem in os mulieris arrigere) have not thus far been shown to depend upon psycho-pathological conditions. These horrible sexual acts seem to be committed only by sensual men who have become satiated or impotent from excessive indulgence in a normal way. Pædicatio mulierum does not seem to be psychopathic, but rather a practice of married men of low morality, who wish to prevent pregnancy; and of satiated cynics in non-marital sexual indulgence. The practical importance of the subject makes it necessary that the sexual acts threatened with punishment as sexual crimes be considered by jurists from the stand-point of the medico-legal expert. Thus there is an advantage gained, in that the psycho-pathological acts, according to circumstances, are placed in the right light by comparison with analogous acts that fall within the domain of physiological psychology.