Section 68. (d) Erotic.

A question which is as frequent as it is idle, concerns the degree of

sexual impulse in woman. It is important for the lawyer to know

something about this, of course, for many a sexual crime may be more

properly judged if it is known how far the woman encouraged the man, and

in similar cases the knowledge might help us to presume what attitude

feminine witnesses might take toward the matter. First of all, the needs

of individual women are as different as those of individual men, and as

varied as the need for food, drink, warmth, rest, and a hundred other

animal requirements. We shall be unable to find any standard by

determining even an average. It is useless to say that sexual

sensibility is less in woman than in man; because specialists contradict

each other on this matter. We are not aided either by Sergi’s[264]

assertion, that the sensibility is less than the irritability in woman,

or by Mantegazza’s statement, that women rarely have such powerful

sexual desire that it causes them pain. We can learn here, also, only by

means of the interpretation of good particular observations. When, for

example, the Italian positivists repeatedly assert that woman is less

erotic and more sexual, they mean that man cares more about the

satisfaction of the sexual impulse, woman about the maternal instinct.

This piece of information may help us to explain some cases; at least we

shall understand many a girl’s mistake without needing immediately to

presuppose rape, seduction by means of promises of marriage, etc. Once

we have in mind soberly what fruits dishonor brings to a girl,--scorn

and shame, the difficulties of pregnancy, alienation from relatives,

perhaps even banishment from the paternal home, perhaps the loss of a

good position, then the pains and sorrows of child-birth, care of the

child, reduction of earnings, difficulties and troubles with the child,

difficulties in going about, less prospect of care through

wedlock,--these are of such extraordinary weight, that it is impossible

to adduce so elementary a force to the sexual impulse as to enable it to

veil the outlook upon this outcome of its satisfaction.

The well-known Viennese gynaecologist, Braun, said, “If it were

naturally so arranged that in every wedlock man must bear the second

child, there would be no more than three children in any family.” His

intention is, that even if the woman agrees to have the third child, the

man would be so frightened at the pains of the first child-birth that he

never again would permit himself to bear another. As we can hardly say

that we have any reason for asserting that the sexual needs of woman are

essentially greater, or that woman is better able to bear more pain than

man, we are compelled to believe that there must be in woman an impulse

lacking in man. This impulse must be supposed to be so powerful that it

subdues, let us say briefly, all the fear of an illegitimate or

otherwise undesirable child-birth, and this is the impulse we mean by

sexuality, by the maternal instinct.

It would seem as if nature, at least in isolated cases, desires to

confirm this view. According to Icard there are women who have children

simply for the pleasure of suckling them, the suckling being a pleasant

sensation. If, now, nature has produced a sexual impulse purely for the

sake of preserving the species, she has given fuller expression to

sexuality and the maternal instinct when she has endowed it with an

especial impulse in at least a few definite cases. This impulse will

explain to the criminalist a large number of phenomena, especially the

accommodation of woman to man’s desires; and from this alone he may

deduce a number of otherwise difficultly explainable psychical

phenomena.

There is, of course, a series of facts which deny the existence of this

impulse--but they only seem to. Child-murder, the very frequent cruelty

of mothers to their children, the opposition of very young women to

bearing and bringing up children (cf. the educated among French and

American women), and similar phenomena seem to speak against the

maternal instinct. We must not forget, however, that all impulses come

to an end where the opposed impulse becomes stronger, and that under

given circumstances even the most powerful impulse, that of

self-preservation, may be opposed. All actions of despair, tearing the

beard, beating hands and feet together, rage at one’s own health, and

finally suicide may ensue. If the mother kills her own child, this

action belongs to the same series as self-damage through despair. The

more orderly and numerous actions and feelings in this direction, e.g.,

the disinclination of women toward bearing children, may be explained

also by the fact that it is the consequence of definite conditions of

civilization. If we recall what unnatural, senseless, and half crazy

habits with regard to nutrition, dressing, social adjustments, etc.,

civilization and fashion have forced upon us, we do not need to adduce

real perversity in order to understand how desire for comfort, how

laziness and the scramble for wealth lead to suppression of the maternal

instinct. This may also be called degeneration. There are still other

less important circumstances that seem to speak against the maternal

instinct. These consist primarily in the fact that the sexual impulse

endures to a time when the mother is no longer young enough to bear a

child. We know that the first gray hair in no sense indicates the last

lover, and according to Tait, a period of powerful sex-impulsion ensues

directly after the climacterium. Now of what use, so far as child-birth

is concerned, can such an impulse be?

But because natural instincts endure beyond their period of purposive

efficiency, it does not follow that they are unconnected with that

efficiency; we eat and drink also when the food is superfluous as

nourishment. Wonderfully as nature has adjusted the instincts and

functions to definite purposes, she still has at no point drawn fixed

boundaries and actually destroyed her instrument where the need for it

ceased. Just because nature is elsewhere parsimonious, she seems

frequently extravagant; yet that extravagance is the cheapest means of

attaining the necessary end. Thus, when woman’s passion is no longer

required for the function of motherhood, its impulsion may yet be

counted on for the psychological explanation of more than one criminal

event.

What is important, is to count the maternal instinct as a factor in

criminal situations. If we have done so, we find explanations not only

of sexual impropriety, but of the more subtle questions of the more or

less pure relation between husband and wife. What attitude the woman

takes toward her husband and children, what she demands of them, what

she sacrifices for them, what makes it possible for her to endure an

apparently unendurable situation; what, again, undermines directly and

suddenly, in spite of seemingly small value, her courage in life;--these

are all conditions which appear in countless processes as the

distinguishing and explaining elements, and they are to be understood in

the single term, “maternal instinct.” For a long time the

inexplicability of love and sexual impulse were offered as excuses, but

these otherwise mighty factors had to be assigned such remarkable and

self-contradictory aspects that only one confusion was added to another

and called explanation. Now suppose we try to explain them by means of

the maternal instinct.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 35 / 79 章