Section 66. (b) Menstruation.

We men, in our own life, have no analogy, not even a remote one, to this

essentially feminine process. In the mental life of woman it is of

greater importance than we are accustomed to suppose. In most cases in

which it may be felt that the fact of menstruation influences a crime or

a statement of facts, it will be necessary to make use of the court

physician, who must report to the judge. The latter absolutely must

understand the fact and influence of menstruation. Of course he must

also have general knowledge of the whole matter, but he must require the

court physician definitely to tell him when the event began and whether

any diseased conditions were apparent. Then it is the business of the

judge to interpret the physician’s report psychologically--and the judge

knows neither more nor less psychology, according to his training, than

the physician. Any text-book on physiology will give the important facts

about menstruation. It is important for us to know that menses begin, in

our climate, from the thirteenth to the fifteenth year, and end between

the forty-fifth and the fiftieth year. The periods are normally a solar

month--from twenty-seven to twenty-eight days, and the menstruation

lasts from three to five days. After its conclusion the sexual impulse,

even in otherwise frigid women, is in most cases intensified. It is

important, moreover, to note the fact that most women, during their

periods, show a not insignificant alteration of their mental lives,

often exhibiting states of mind that are otherwise foreign to them.

As in many cases it is impossible without other justification to ask

whether menses have begun, it is worth while knowing that most women

menstruate, according to some authorities, during the first quarter of

the moon, and that only a few menstruate during the new or full moon.

The facts are very questionable, but we have no other cues for

determining that menstruation is taking place. Either the popularly

credited signs of it (e.g., a particular appearance, a significant

shining of the eyes, bad odor from the mouth, or susceptibility to

perspiration) are unreliable, or there are such signs as feeling unwell,

tension in the back, fatigue in the bones, etc., which are much more

simply and better discovered by direct interrogation, or examination by

a physician.

If there is any suspicion that menstruation has influenced testimony or

a crime, and if the other, especially the above-mentioned facts, are not

against it, we are called upon to decide whether we are considering a

mental event, due to the influence of menstruation. Icard[255] has

written the best monograph on this subject.

Considering the matter in detail, our attention is first called to the

importance of the beginning of menstruation. Never is a girl more

tender or quiet, never more spiritual and attractive, nor more inclined

to good sense, than in the beginning of puberty, generally a little

before the menstrual periods have begun, or have become properly

ordered. At this time, then, the danger that the young girl may commit a

crime is very small, perhaps smaller than at any other time. And hence,

it is the more to be feared that such a creature may become the victim

of the passions of a roué, or may cause herself the greatest harm by

mistaken conduct. This is the more possible when the circumstances are

such that the child has little to do, though naturally gifted. Unused

spiritual qualities, ennui, waking sensitivity and charm, make a

dangerous mixture, which is expressed as a form of interest in exciting

experiences, in the romantic, or at least the unusual. Sexual things are

perhaps wholly, or partly not understood, but their excitation is

present and the results are the harmless dreams of extraordinary

experiences. The danger is in these, for from them may arise fantasies,

insufficiently justified principles, and inclination to deceit. Then all

the prerequirements are present which give rise to those well-known

cases of unjust complaints, false testimony about seduction, rape,

attempts at rape and even arson, accusing letters, and slander.[256]

Every one of us is sufficiently familiar with such accusations, every

one of us knows how frequently we can not sufficiently marvel how such

and such an otherwise quiet, honest, and peaceful girl could perform

things so incomprehensible. If an investigation had been made to see

whether the feat did not occur at the time of her first mensis; if the

girl had been watched during her next mensis to determine whether some

fresh significant alteration occurred, the police physician might

possibly have been able to explain the event. I know many cases of

crimes committed by half-grown girls who would under no circumstances

have been accused of them; among them arson, lese majeste, the writing

of numerous anonymous letters, and a slander by way of complaining of a

completely fanciful seduction. In one of these cases we succeeded in

showing that the girl in question had committed her crime at the time of

her first mensis; that she was otherwise quiet and well conducted, and

that she showed at her next mensis some degree of significant unrest and

excitement. As soon as the menses got their proper adjustment not one of

the earlier phenomena could be observed, and the child exhibited no

further inclination to commit crimes.[257]

Creatures like her undergo similar danger when they have to make

statements about perceptions which are either interesting in themselves,

or have occurred in an interesting way. Here caution must be exercised

in two directions. First: Discover whether the child in question was

passing through her monthly period at the time when she saw the event

under discussion, or when she was telling about it. In the former case,

she has told of more than could have been perceived; in the second case

she develops the delusion that she had seen more than she really had.

How unreliable the testimony of youthful girls is, and what mistakes it

has caused, are familiar facts, but too little attention is paid to the

fact that this unreliability is not permanent with the individuals, and

in most cases changes into complete trustworthiness. As a rule, the

criminal judge is almost never in a position to determine the

inconsistencies in the testimony of a menstruating girl, inasmuch as he

sees her, at most, just a few times, and can not at those times observe

differences in her love for truth. Fortunately the statements of newly

menstruating girls, when untrue, are very characteristic, and present

themselves in the form of something essentially romantic, extraordinary,

and interesting. If we find this tendency of transforming simple daily

events into extraordinary experiences, then, if the testimony of the

girl does not agree with that of other witnesses, etc., we are warned.

Still greater assurance is easy to gain, by examining persons who know

the girl well on her trustworthiness and love of truth before this time.

If their statements intensify the suspicion that menses have been an

influence, it is not too much to ask directly, to re-examine, and, if

necessary, to call in medical aid in order to ascertain the truth. The

direct question is in a characteristically great number of cases

answered falsely. If in such cases we learn that the observation was

made or the testimony given at the menstrual period, we may assume it

probably justifiable to suspect great exaggeration, if not pure

invention.

The menstrual period tends, at all ages from the youngest child to the

full-grown woman, to modify the quality of perception and the truth of

description. Von Reichenbach[258] writes that sensitivity is intensified

during the menstrual period, and even if this famous discoverer has said

a number of crazy things on the subject, his record is such that he must

be regarded as a clever man and an excellent observer. There is no doubt

that his sensitive people were simply very nervous individuals who

reacted vigorously to all external stimulations, and inasmuch as his

views agree with others, we may assume that his observation shows at

least how emotional, excitable, and inclined to fine perceptions

menstruating women are. It is well-known how sharpened sense-perception

becomes under certain conditions of ill-health. Before you get a cold in

the head, the sense of smell is regularly intensified; certain headaches

are accompanied with an intensification of hearing so that we are

disturbed by sounds that otherwise we should not hear at all; every

bruised place on the body is very sensitive to touch. All in all, we

must believe that the senses of woman, especially her skin sensations,

the sensations of touch, are intensified during the menstrual period,

for at that time her body is in a “state of alarm.” This fact is

important in many ways. It is not improbable that one menstruating woman

shall have heard, seen, felt, and smelt, things which others, and she

herself, would not have perceived at another time. Again, if we trace

back many a conception of menstruating women we learn that the boundary

between more delicate sensating and sensibility can not be easily drawn.

Here we may see the universal transition from sensibility to acute

excitability which is a source of many quarrels. The witness, the

wounded, or accused are all, to a considerable degree, under its

influence. It is a generally familiar fact that the incomparably larger

number of complaints of attacks on women’s honor, fall through. It would

be interesting to know just how such complaints of menstruating women

occur. Of course, nobody can determine this statistically, but it is a

fact that such trials are best conducted, never exactly four weeks after

the crime, nor four weeks after the accusation. For if most of the

complaints of menstruating women are made at the period of their menses,

they are just as excited four weeks later, and opposed to every attempt

at adjustment. This is the much-verified fundamental principle! I once

succeeded by its use in helping a respectable, peace-loving citizen of a

small town, whose wife made uninterrupted complaints of inuriam causa,

and got the answer that his wife was an excellent soul, but, “gets the

devil in her during her monthlies, and tries to find occasions for

quarrels with everybody and finds herself immediately much insulted.”

A still more suspicious quality than the empty capacity for anger is

pointed out by Lombroso,[259] who says that woman during menstruation is

inclined to anger and to falsification. In this regard Lombroso may be

correct, inasmuch as the lie may be combined with the other qualities

here observed. We often note that most honorable women lie in the most

shameless fashion. If we find no other motive and we know that the woman

periodically gets into an abnormal condition, we are at least justified

in the presupposition that the two are coordinate, and that the periodic

condition is cause of the otherwise rare feminine lie. Here also, we are

required to be cautious, and if we hear significant and not otherwise

confirmed assertions from women, we must bear in mind that they may be

due to menstruation.

But we may go still further. Du Saulle[260] asserts on the basis of

far-reaching investigations, that a significant number of thefts in

Parisian shops are committed frequently by the most elegant ladies

during their menstrual period, and this in no fewer than 35 cases out of

36, while 10 more cases occurred at the beginning of the period.

Other authorities[261] who have studied this matter have shown how the

presentation of objects women much desire leads to theft. Grant that

during her mensis the woman is in a more excitable and less actively

resisting condition, and it may follow she might be easily overpowered

by the seductive quality of pretty jewelry and other knickknacks. This

possibility leads us, however, to remoter conclusions. Women desire more

than merely pretty things, and are less able to resist their desires

during their periods. If they are less able to resist in such things,

they are equally less able to resist in other things. In handling those

thefts which were formerly called kleptomaniac, and which, in spite of

the refusal to use this term, are undeniable, it is customary, if they

recur repeatedly, to see whether pregnancy is not the cause. It is well

to consider also the influence of menstruation.

Menstruation may bring women even to the most terrible crimes. Various

authors cite numerous examples in which otherwise sensible women have

been driven to the most inconceivable things--in many cases to murder.

Certainly such crimes will be much more numerous if the abnormal

tendency is unknown to the friends of the woman, who should watch her

carefully during this short, dangerous period.

The fact is familiar that the disturbances of menstruation lead to

abnormal psychoses. This type of mental disease develops so quietly

that in numerous cases the maladies are overlooked, and hence it is more

easily possible, since they are transitive, to interpret them commonly

as “nervous excitement,” or to pay no attention to them, although they

need it.[262]

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 33 / 79 章