e., _immissio membri in
anum hominis vel mulieris_) nor "gross indecency" ought to be penal
offenses, except under certain special circumstances. That is to say, that
if two persons of either or both sexes, having reached years of
discretion,[275] privately consent to practise some perverted mode of
sexual relationship, the law cannot be called upon to interfere. It should
be the function of the law in this matter to prevent violence, to protect
the young, and to preserve public order and decency. Whatever laws are
laid down beyond this must be left to the individuals themselves, to the
moralists, and to social opinion.
At the same time, and while such a modification in the law seems to be
reasonable, the change effected would be less considerable than may appear
at first sight. In a very large proportion, indeed, of cases boys are
involved. It is instructive to observe that in Legludic's 246 cases
(including victims and aggressors together) in France, 127, or more than
half, were between the ages of 10 and 20, and 82, or exactly one-third,
were between the ages of 10 and 14. A very considerable field of operation
is thus still left for the law, whatever proportion of cases may meet with
no other penalty than social opinion.
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