Sexual offense

“ By violation of sexually immature individuals, the jurist understands all the possible immoral acts with persons under fourteen years of age that are not comprehended in the term rape. The term violation, in the legal sense of the word, comprehends the most horrible perversions and acts, which are possible only to a man who is controlled by lust and morally weak, and, as is usually the case, lacking in sexual power. ”

“ Whereas an increasing number of sexual offences has been the subject of frequent and serious judicial comment, especially in cases where young children were the victims, or the very serious nature of the charge connoted a perversion dangerous to the moral well-being of society ”

“ Sexual Perversions.—When we pass, on to sexual perversions, the inconsequences and mysticism of our present penal law become still more apparent. This code often prosecutes and punishes sexual actions which do no harm to any one, or which two persons practice of their own accord. ”

“ There must be proof of a 'habitual course of misconduct in sexual matters' on the part of the persons against whom a proceeding under the statute is directed, which has shown 'an utter lack of power to control their sexual impulses', and hence that they 'are likely to attack or otherwise inflict injury, loss, pain or other evil on the objects of their uncontrolled and uncontrollable desire'. ”

“ The increase of sexual offences during recent years and the disgust felt by all normally disposed people when contemplating cases of sexual perversion and assault upon young children have created a strong public opinion in favour of dealing with these offences as radically as circumstances will permit. ”

“ Having regard to the evidence before the Committee that many boys have been tempted and encouraged into sexual crime by the indecent conduct of girls themselves, in picture theatres and elsewhere, the time has arrived when boys should be protected by letting the girls know that they too commit an offence when they act towards boys in an indecent manner. ”

“ Enacting all matters relating to sexual offences in a single statute; (b)
criminalising all forms of sexual abuse or exploitation; (c)
repealing certain common law sexual offences and replacing them with new and, in some instances, expanded or extended statutory sexual offences, irrespective of gender ”

“ The coarser and more heinous sexual crimes are growing more frequent, although due allowance must be made for the increase of population. Indeed, the bulk of the records of the general sessions appears to be concerned with sexual immorality of almost every kind. ”

“ There are other facts to be reached in this direction showing the extent to which women's criminal acts are affected by sexual peculiarities. In the two great divisions of crime, that against persons and that against property, we find that the sexes are engaged in almost a constant ratio. ”

“ Wherever these superstitions prevail, it is obvious that public opinion and public justice will treat sexual offences with far greater severity than is meted out to them by peoples who, like most civilized nations, regard such misdemeanours as matters of private rather than of public concern, as sins rather than crimes, which may perhaps affect the eternal welfare of the individual sinner in a life hereafter, but which do not in any way imperil the temporal welfare of the innocent community as a whole. ”

“ Now, we learn from experience, that when a perversion is traced back to its origination in a chastisement endured during childhood, this chastisement was as a rule the customary whipping of the buttocks. Far less frequently, and indeed hardly over, are we told that any other form of punishment has initiated a sexual perversion. ”

“ The pimps of proxenetism are recruited from the dregs of society. In this domain, as in the others, penal law should not be put in force; the object should be the protection of society and the improvement of the criminal.
As regards prostitution itself, it cannot be made a misdemeanor without opening the door too widely to complete arbitrariness. The State cannot prevent a responsible adult from disposing of his own body, without introducing religion and metaphysics into legislation; but the State can require those who practice prostitution not to molest the public. ”

“ Counsel submitted that, since gross indecency charges were time-barred, the police acted unfairly when they charged the appellants with offences under the 1861 Act. But there was no reason for the police to refrain from pursuing the charges under the 1861 Act merely because other charges could not be pursued. Indecency charges are connected with sex. Charges under the 1861 Act are concerned with violence. The violence of sadists and the degradation of their victims have sexual motivations but sex is no excuse for violence. ”

“ We reiterate that this case involves the espousal of sexually immoral acts (here adultery) plus actual scenes of a suggestive and obscene nature.' (Emphasis in original.)
The opinion elsewhere, as indeed is also the case with §§ 122 and 122-a themselves when independently read in their entirety, is instinct with the notion that mere abstract expressions of opinion regarding the desirability of sexual immorality, unaccompanied by obscenity [6] or incitement, are not proscribed. ”

“ Few seem to even suspect that the seventh commandment has any bearing upon sexual conduct within the pale of matrimony. Yet if we may believe the confessions and statements of men and women, legalized prostitution is a more common crime than illicit commerce of the sexes. So common is the popular error upon this subject, and so strongly fortified by prejudice is it, that it is absolutely dangerous for a writer or speaker to express the truth, if he knows it and has a disposition to do so. ”

“ Matters are such under this unrighteous combination that however men may laugh at it and make jokes, they do not willingly travel with single unknown female companions in railway carriages. They know very well that for a man to have the finger of a woman pointed at him with a charge of a sexual offence is to secure that man's extinction, no matter what the verdict of a jury may be. ”

“ If our judges and juries had a little more knowledge of human psychology and a little less of the Code in their heads, they would have had some doubts on the mental integrity of the accused, and would have ordered an expert examination by a mental specialist. But, apart from this point, I put the question—can we expect from a woman, maternal sentiments for a child resulting from sexual surprise bordering on rape? ”

“ If any person shall wilfully or deceitfully entice or carry away a female child under the age of eighteen years with the intent or for the purpose of prostitution or illicit sexual intercourse, he shall be imprisoned not exceeding three years and be fined not exceeding five thousand dollars. ”

“ On appeal, Herren argues that this evidence was improperly excluded.
The crime of rape encompasses sexual intercourse or deviate sexual activity with a person who is incapable of consent because she is physically helpless or mentally incapacitated. ”

“ Whereas the commission of sexual offences in the Republic is of grave concern, as it has a particularly disadvantageous impact on vulnerable persons, the society as a whole and the economy;
Whereas women and children, being particularly vulnerable, are more likely to become victims of sexual offences, including participating in adult prostitution and sexual exploitation of children ”

“ Promote legislation to classify sexual harassment as a criminal offence, considering as an aggravating factor in determining the penalty for sexual offences the fact that the offence was committed against an indigenous woman ”

“ Simple police regulations are sufficient for this purpose, but they are very necessary to protect women and children, and occasionally young men, against importunities or sexual obsessions, against sexual solicitation, or even against assault or other offenses, such as incitement to masturbation, obscene words and gestures, etc. ”

“ In paragraph 3, after “Rape” insert “under the law of Scotland or Northern Ireland”.
(3) For paragraph 9 substitute—
“9. An offence under any of the following provisions of the Sexual Offences Act 2003— (a) sections 1 or 2 (rape, assault by penetration) ; (b) section 4 (causing a person to engage in sexual activity without consent) , where the activity caused involved penetration within subsection (4) (a) to (d) of that section; (c) section 5 or 6 (rape of a child under 13, assault of a child under 13 by penetration) ”

“ But corporal punishment entails other dangers, in addition to the risk of the origination or the awakening of a sexual perversion. Certain children, having experienced sexual stimulation as a result of such punishment, will endeavour to secure its repetition. I have known cases in which sexual perverts have deliberately misconducted themselves in school, in order to be punished, and thus to enjoy voluptuous sensations. ”

“ Limits of Penal Law in the Sexual Domain.—If we would avoid injustice and ridiculous contradictions, we should keep to the principle that penal justice has only the right to intervene in cases where individuals or society are injured, or run the risk of being injured. ”

“ Whereas the prevalence of the commission of sexual offences in our society is primarily a social phenomenon, which is reflective of deep-seated, systemic dysfunctionality in our society, and that legal mechanisms to address this social phenomenon are limited and are reactive in nature, but nonetheless necessary ”

“ In other cases, well-educated young men and women have no idea that unchaste conduct with children is an offence which may entail severe punishment, even in cases in which the child's genital organs are not touched.
It should not need demonstration that such sexual malpractices on children may have serious consequences for these latter. A girl may suffer most severely, alike morally and socially, even though defloration has not been effected. It is quite conceivable that in such a way a girl may be brought to prostitution. ”

“ Criminal statistics prove the sad fact that sexual crimes are progressively increasing in our modern civilization. [1] This is particularly the case with immoral acts with children under the age of fourteen. The moralist sees in these sad facts nothing but the decay of general morality, and in some instances comes to the conclusion that the present mildness of the laws punishing sexual crimes, in comparison with their severity in past centuries, is in part responsible for this. ”

“ Let us apply these principles to adultery. The state can no more prohibit it or punish it by law than any other illegitimate satisfaction of the sexual impulse. ”

“ In reaching this conclusion I have regard to the information available in these appeals and of such inferences as may be drawn therefrom. I appreciate that there may be a great deal of information relevant to these activities which is not available to your Lordships. When Parliament passed the Sexual Offences Act 1967 which made buggery and acts of gross indecency between consenting males lawful it had available the Report of the Committee on Homosexual Offences and Prostitution (the Wolfenden Report) (Cmnd 247 (1957) ) , which was the product of an exhaustive research into the problem. ”

“ Consider a case, for example, in which one193 who masturbates would otherwise transmit venereal infection to another, or would injure another by illegitimate sexual intercourse. In cases of perverse sexual practices in which the offender's liability to punishment was under discussion in the law court, I have more than once called attention to this point. Take the case of a man whose sexual impulse is directed towards children, and who finds great difficulty in restraining himself from sexual malpractices against children. ”

“ All kinds of subterfuges are employed by the sexual pervert to make the punishment appear harmless and legitimate. Schoolmasters find this comparatively easy, inasmuch as they are able to allege misconduct such as would ordinarily be visited with a verbal reprimand, if not completely overlooked, as the reason for a whipping. ”

“ From this it follows that, under the Penal Code a man having sexual intercourse with his own wife, with or without her consent, if she is above ten years of age, shall not be 96considered to have committed the offence of rape. But the Act that has just been passed, in amendment of the above provision in the Penal Code, raises the age of consent from ten to twelve years, and provides that a man having sexual intercourse with his own wife, even with her consent, shall be considered to be guilty of the offence of rape, if the wife be of any age under twelve completed years. ”

“ Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively. 3.
Robbery, where serious bodily harm has been inflicted on the victim. 4.
Assault, where serious bodily harm has been inflicted on the victim. [5.
Indecent assault.] ”. Act 23 of 1957 Sexual Offences Act 1. The amendment of section 1 by the insertion after the definition of “court” of the following definition:
‘“female” means a female person 18 years or older;’. ”

“ Clergymen and publicists in various parts of the world have been declaiming about illicit sexual practices and their effects on young people, but this is the first time that any Government has set up a Committee to sift the available data on sexual misbehaviour with a view to finding the cause and suggesting a remedy. ”

“ Any person who, with intent or while he reasonably ought to have foreseen the possibility that any person may have unlawful carnal intercourse, or commit an act of indecency, with any other person for reward, performs for reward any act which is calculated to enable such other person to communicate with any such person, shall be guilty of an offence. ”