Scientific investigation has proved in recent years that a very large proportion of persons in whom abnormal sexual inclinations are manifested possess them from their earliest childhood, that they cannot divert them into normal channels, and that they are powerless to get rid of them. In these cases, then, legislation is interfering with the liberty of individuals, under a certain misconception regarding the nature of their offence.
Those who support the present laws are therefore bound to prove that the coercion, punishment, and defamation of such persons are justified either (1) by any injury which these persons suffer in health of body or mind, or (2) by any serious danger arising from them to the social organism.
Experience, confirmed by scientific observation, proves that the temperate indulgence of abnormal sexuality is no more injurious to the individual than a similar indulgence of normal sexuality.
In the present state of over-population, it is not to be apprehended that a small minority of men exercising sterile and abnormal sexual inclinations should seriously injure society by limiting the increase of the human race.
Legislation does not interfere with various forms of sterile intercourse between men and women: (1) prostitution, (2) cohabitation in marriage during the period of pregnancy, (3) artificial precautions against impregnation, and (4) some abnormal modes of congress with the consent of the female. It is therefore in an illogical position, when it interferes with the action of those who are naturally sterile, on the ground of maintaining the numerical standard of the population.
The danger that unnatural vices, if tolerated by the law, would increase until whole nations acquired them, does not seem to be formidable. The position of women in our civilisation renders sexual relations among us occidentals different from those of any country--ancient Greece and Rome, modern Turkey and Persia--where antiphysical habits have hitherto become endemic.
In modern France, since the promulgation of the Code Napoleon, sexual inversion has been tolerated under the same restrictions as normal sexuality. That is to say, violence and outrages to public decency are punished, and minors are protected, but adults are allowed to dispose as they like of their own persons. The experience of nearly a century shows that in France, where sexual inversion is not criminal _per se_, there has been no extension of it through society. Competent observers, like agents of police, declare that London, in spite of our penal legislation, is no less notorious for abnormal vice than Paris.