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Alfred Kinsey — Part 2
Page 9
9 / 38
heals
We are aware af many people, espe- |
cially parents, believe that our present
sex laws (and the convictions obtained {
in their enforcement) are a powerful de- -
terrent against more sex crimes. Our
research, however, does not bear out ,
this view. It seems to be a rule that laws
cannot be expected to change sexual be-
havior very much; the laws can punish,
but not correct or cure, nor eVen prevent
to any great extent.
By the time of adolescence, or cer-
tainly by the time of adulthood, every
person’s sexual habits and preferences
seem to be quite rigidly established—
partly by innate physical and glandular
factors, partly by social conditioning,
partly by the rather mysterious forces
that the psychoanalysts find at work in
our childhoods. The homosexual, for ex-
ample, is not a homosexual by choice
but by force of circumstance. He cannot
help being a homosexual and cannot
change, except possibly through psy-
chiatric treatment. To us, these circum-
stances are grounds enough to ask: If he
conducts his homosexual activity in
private and only with other homosexuals,
why should society be concerned?
Adultery is another problem of our
society that is more complex than most.
of us think. Even aside from religious or
moral considerations, society certainly
has a stake in preventing adultery, for
the family is the whole basis of our social
structure; and one apparently obvious
way to insure that marriages will last is
to discourage sexual gratification with
anyone except the legal husband or the
legal wife. But a closer look shows that |
this ideal may not always fit the bio-|§
logical truth, A man and wife can be
mismated sexually; or they can become
sexually unattractive; or years of in-
timacy can produce the urge for novelty.
Unaoubteaty many marriages are
broken up by a husband or a wife who
has become sexually dissatisfied. If the
law, social custom and moral considera-
tions permitted gratification outside the
marriage, doubtless many of these mar-
riages would survive, as they do in the} !
Latin American and Southern European | +
countries, where affairs with a mistress ' i
or a lover are condoned. On the other ||
hand, there is a great deal to be said ,
against extramarital dalliances even on -
wthe_sigplest practical grounds. They :'
usually involve jealousy and Yfiction,” ,
and can lead to emotional involvement
“that—uttimately breaks up the mee——
riage anyway, or makes it a mockery.
The entire matter is fraught with nu-
ances of practicality, morality, religious
attitudes and the complicated structure
of human emotions. It is far too delicate
@ question to be solved by a law that
simply states that the man or woman
who commits adultery must go to prison
and be supported there by society.
Even under the kind of law I have
suggested, many problems of enforce-
ment and justice would remain, What
should society do, for example, about
men who commit statutory rape with
girls under 16, and about the girls who
get involved? If these men were “sex
fiends” who deliberately set out to se-
duce the girls, then the message of our
report would be that suciety should be
alert to the danger of a large group of
vicious Don Juans preying on the inno-
cent and immature. But in 110 cases
where we had both the prisoner’s story
and the official record for verification, it
turned out that in 99 of them there was
agreement that the girl had done ab-
solutely nothing to discourage the man.
AMR E mene Re
‘
Some of the men we found in prison
could not possibly have known that the
girl was under 16—she looked, dressed
and acted more mature. The men were,
in a sense, victims of a deception—and
so, in a pathetic way, were the girls
themselves. Many girls in their early
teens hate the idea,of being so young.
Some of them will do anything in their
power to seem old and wise beyond their
years. They have older friends who are
going out with mature young men, and
they try their best to keep up. Usually
they merely seek companionship; they
want to make friends and have a good
time. They do not necessarily want
F sexual experience, and may even fear it,
j yet come to consider it the price they
i
=
ce cts gem ne mR AT
must pay. Or they may become trapped
by their own masquerade; they are not
experienced enough to have learned the
fine art of escaping unwanted sexual
relations, and after so carefully contriv-
| ing the pretense of sophistication, they
| find it unbearable to back out at the last
| minute and reveal themselves as child-
ish frauds. Are these girls really “ba
or just unfortunate? And are their boy-
i x criminals or just ordinary
young men who have made a mistake
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