and entered into a detail of the transaction, which is not necessary to quote. The medical evidence showed that the prisoner was not in any way diseased. "After a few words from Chief Justice Monahan, the jury at once acquitted the prisoner, who was discharged, with, however, that suspicion against his character which, among persons of his own class, is not easily eradicated, while the unhappy child was stigmatized as a young prostitute, who had acquired gonorrhea when little more than nine years of age!"

Another interesting case where the charge of rape was brought against a man with malintent, and where the person violated was a young girl, is the following: Here, however, the crime had been committed, but by another man. Thus a tradesman of irreproachable character was accused by a woman of having violated her daughter, who was but eleven years of age, and of having communicated to her a gonorrhea. The child was of a very scrofulous constitution. The labia majora was separated and flaccid, the clitoris unusually developed, the entrance of the vagina inflamed, and painful to the touch, and the hymen obviously stretched. There was also a copious urethral discharge. The opinion given by Dr. Casper was, that a complete penetration had not taken place, but efforts by the male organ, affected with gonorrhea, had been made to effect it. The further progress of the case showed the truth of this opinion, but not of the accusation, for the defendant was found perfectly free from disease, and the cross-examination developed the fact, that the mother, after having fruitlessly endeavored to extort money from the tradesman, had delivered the child to her own paramour, a journeyman living in the same house, whom she knew to be affected with gonorrhea. She then threatened to denounce the tradesman, unless he gave her money.

198. Rape by women.- Rape by females is comparatively rare, but still well established. An instance of this kind is related by Casper in which a child only six years of age received a gonorrhea from his governess with whom he slept. In another and far more horrible. case, a mother satiated her unnatural lust with her own son, nine years of age, upon whose body, however, no traces of the crime were perceptible. Two cases have occurred in France,75 in one of which a female of eighteen years obliged a boy under fifteen years to comply with her wishes; and in another a girl of eighteen was charged with rape on two children, the one of thirteen and the other only eleven

"Casper, Gericht. Med., II., 129. See "Ann. d'Hyg., 1847, I., p. 463. also Klin. No ellen, 1863, p. 15.

years of age. She was affected with syphilis, which she communicated to the children. It is stated, also, that, from a narrowness of the vagina, she was unable to gratify her propensities with adults. The only means by which the rape by a woman can be established through medical evidence is where gonorrhea or syphilis has been thus communicated.

CHAPTER IV.

UNNATURAL CRIMES.

199. Sexual abuse.

200. Pederasty.

201. Sodomy.

202. Pederasty with animals.

199. Sexual abuse.- In addition to rape there are recognized certain other immoral acts which may come into the courts as distinct charges, or need to be considered in connection with the cases of rape. The sexual abuse of children or irresponsible persons, independent of sexual connection, is by no means rare, though the proof is frequently difficult. Infection with a venereal disease is probably the most frequent evidence of such abuse, and yet many cases of purely accidental transmission of such diseases must be admitted. Habits of masturbation arising from such teaching are frequent. Injuries are not often found, though destruction of the hymen or its dilation, especially in such countries as India, where the early marriage of the girls is sought by the parents, is well known.

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200. Pederasty.-Pederasty, or coitus in ano, is a very frequent form of unnatural crime. Tardieu states that on two occasions the sudden descent of the Parisian police upon certain dens of vice resulted in the capture of eighty-seven persons in the one and fiftytwo in the other, found flagrante delicto. The evidence of the person taking the active part is not characteristic. Tardieu describes the result of numerous repetitions of the act as producing a small, pointed glans penis; but Hofmann2 considers this condition to be found as well in other persons. The evidence in the person taking the passive part is equally unsatisfactory, though there have been described a funnel-shaped depression of the nates, a smooth, patulous condition of the sphincter ani, and possibly the scar of old lacerations. After the first act of the sort the passive party may show fissures,

'See Tardieu, Attentats aux Mœurs, p. 123; Parent-Duchalet, De la Prostitution dans la Ville de Paris, Vol. I., p. 225; and Casper, Vierteljahrschr. f. gericht. Med. Bd. I., H. I.; also Ibid.

Bd. VII., H. 2. For an historical account of the vice, see Geschichte der Lustsuche im Alterthume, etc., Julius Rosenbaum, Halle, 1845.

* Hofmann, Gericht. Med., p. 164.

excoriations, or lacerations in the anus, or acute inflammation of the rectal mucous membrane. The presence of venereal disease of the rectum is always a very suspicious circumstance. The presence of semen in the rectum would be positive proof if disease of the genital tract, with a fistula leading into the rectum, could be excluded. But demonstration of semen in such a case would need to follow pretty closely upon the act. Casper3 demonstrated the presence of semen upon the shirt of a boy of eight years who had been abused by a boy of fourteen and a half years of age. Casper also describes pederasty against the will of the passive party, which he considers more difficult than rape.

201. Sodomy.-Sodomy, or sexual connection between human beings and animals, usually occurs between a man and a female animal (mare, cow, or goat, more rarely with bitch), and would come to the courts probably only as an offense against the animal. One such case is reported by Kutter, where a man was caught in the act of having connection with a mare. A hair from the mare was found under the prepuce and around the glans of the man; blood was found on his pants and shirt, and a bloody discharge from the vagina of the mare. But laceration of a mare by the penis of a man would certainly be very unusual. In some cases it may be possible to demonstrate human spermatozoa in the vagina of the animal. Roose cites two other such cases of sodomy, where a man had connection with a mare. Cases of intercourse between woman and a male animal are not very rare. One has been reported from San Francisco and one from Washington, D. C. Hofmann says that all, so far, have been with dogs. He cites the case of Pfaff, where, as proof of the offense, the hairs of the dog were found between the labia of the woman. In the Philadelphia Medical and Surgical Reporters there is described a case of vaginitis due to connection with a dog.

202. Pederasty with animals.—Instances of pederasty between animals and men are also on record. As a rule the man takes the passive

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Casper, Gericht. Med., p. 208.

Kutter. Vierteljahrsch. f. gericht. Med., 1865, II., 355.

In Witthaus and Becker's Medical Jurisprudence; 1 Va. Cas. 307; and 8 C. & P. 417.

'Hofmann's Gericht. Med.

'Pfaff, Das Haar in forensischer Beziehung, 1866, p. 79. See also Schauenstein, Lehrbuch d. gericht. Med., 1875, p. 161; and Maschka, Handbuch d. gericht. Med., p. 190.

Med. and Surg. Reporter, Phila., July 22, 1893, p. 155.

part and a male animal the active part. Such cases, however, deserve scarcely more than to be mentioned, as their medico-legal significance is but slight.

For instances of pederasty between Brouardel, Ann. d'Hyg. Pub., 1884, p. men and animals, see Tardieu, Attentats 528; and Virchow's Jahresberichte, aux Mœurs, 1878, p. 12; Bouley and 1887, p. 483, and Ibid. 1888, p. 447.