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15 Vand. L. Rev. 797 (1961-1962)
Psychosexuality and the Criminal Law

handle is hein.journals/vanlr15 and id is 813 raw text is: Psychosexuality and the Criminal Law
Ralph Slovenko* and Cyril Phillips0
All states have laws dealing with sexual conduct. All too often,
the authors feel, these laws aggravate rather than resolve the
problem of sexual misbehavior; furthermore, then freedom of the
individual is ofttimes unnecessarily limited. Cufrrsequently, a re-
thinking of the policy behind our sex laws is imperative in order
to determine precisely what restrictions are necessary and how
best to accomplish them.
It is common knowledge that sexual mores vary in every culture. Sexual
ethic and social structure are interrelated.1 Sexual morality is not the same
in an industrially advanced society as it is in a primitive agriculture regime
(the industrial revolution's influence upon sexual morals will so attest)2
Sexual mores vary in different parts of the same country (Puritan Massa-
chusetts and pioneer Wyoming could not be expected to develop the same
set of rules), and indeed between different social strata in the same one
Every society imposes regulations and codes upon sexual relations,3 and
•Tulane University School of Law.
*Tulane University School of Medicine, Department of Psychiatry and Neurology.
1. See Ford, A Brief Description of Human Sexual Behavior in Cross-Cultural
Perspective, in PsycnosExuAL DEvELopmNT r    HEALH AN    DISEASE (Hoch &
Zubin, eds. 1949). Ovid, the Roman poet, in his Art of Love tells the story of the
Sabine women and proves the respectable antiquity of the art of picking up a girl in
the theatre. All praise to Romulus, founder of Rome-You, Romulus, knew how your
men to pay. Grant me such wage and I'll enlist today. Freud in his essay, The
Taboo of Virginity, tells us that in the Philippines there were certain men whose
profession it was to deflower brides. And he tells us of the jus primae noctis (right
of the first night) of mediaeval feudal lords. See 4 FREUD, COLLECTED PAPEns 217,
229-230. In Japan public kissing is taboo, while the nude bathing of men and women
together is accepted. See GurrlrrlvcH, SEX OFFENsEs (1951).
2. Life insurance and other forms of private saving would practically cease to exist
if children were not reared by their biological parents. See RUssELL, MARrIAGE,
MoRALs (1929); Ponrrm & PHmTnmq, MARuAGE IN THE MODERN WoPLD (1956).
3. Aditudes toward perversions have always varied widely from culture to culture.
Ancient culture permitted a relatively free expression of sexual impulses. As Freud stated:
The most striking distinction between the erotic life of antiquity and our own no
doubt lies in the fact that the ancients laid the stress upon the instinct itself, whereas
we emphasize its object. The ancients glorified the instinct and were prepared on
its account to honour even an inferior object; while we despise the instinctual
activity in itself, and find excuses for it only in the merits of the object. Faun,
ThyxE CoNTRaBurToNs TO THE THEoRy OF SEX (1905). See also Friedman, Sexual

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