Section 69. (e) Submerged Sexual Factors.

The criminal psychologist finds difficulties where hidden impulses are

at work without seeming to have any relation to their results. In such

cases the starting-point for explanation is sought in the wrong

direction. I say starting-point, because “motive” must be conscious, and

“ground” might be misunderstood. We know of countless criminal cases

which we face powerless because we do indeed know the criminal but are

unable to explain the causal connection between him and the crime, or

because, again, we do not know the criminal, and judge from the facts

that we might have gotten a clew if we had understood the psychological

development of the crime. If we seek for “grounds,” we may possibly

think of so many of them as never to approach the right one; if we seek

motives, we may be far misled because we are able only to bring the

criminal into connection with his success, a matter which he must have

had in mind from the beginning. It is ever easy for us when motive and

crime are in open connection: greed, theft; revenge, arson; jealousy,

murder; etc. In these cases the whole business of examination is an

example in arithmetic, possibly difficult, but fundamental. When,

however, from the deed to its last traceable grounds, even to the

attitude of the criminal, a connected series may be discovered and yet

no explanation is forthcoming, then the business of interpretation has

reached its end; we begin to feel about in the dark. If we find nothing,

the situation is comparatively good, but it is exceedingly bad in the

numerous cases in which we believe ourselves to have sighted and pursued

the proper solution.

Such a hidden source or starting-point of very numerous crimes is sex.

That it often works invisibly is due to the sense of shame. Therefore it

is more frequent in women. The hidden sexual starting-point plays its

part in the little insignificant lie of an unimportant woman witness, as

well as in the poisoning of a husband for the sake of a paramour still

to be won. It sails everywhere under a false flag; nobody permits the

passion to show in itself; it must receive another name, even in the

mind of the woman whom it dominates.

The first of the forms which the sexual impulse takes is false piety,

religiosity. This is something ancient. Friedreich points to the

connection between religious activity and the sexual organization, and

cites many stories about saints, like that of the nun Blanbekin, of whom

it was said, “eam scire desiderasse cum lacrimis, et moerore maximo,

ubinam esset praeputium Christi.” The holy Veronica Juliani, in memory

of the lamb of God, took a lamb to bed with her and nursed it at her

breast. Similarly suggestive things are told of St. Catherine of Genoa,

of St. Armela, of St. Elizabeth, of the Child Jesus, etc. Reinhard says

correctly that sweet memories are frequently nothing more or less than

outbursts of hidden passion and attacks of sensual love. Seume is

mistaken in his assertion that mysticism lies mainly in weakness of the

nerves and colic--it lies a span deeper.

The use of this fact is simple. We must discover whether a woman is

morally pure or sensual, etc. This is important, not only in violations

of morality, but in every violation of law. The answers we receive to

questions on this matter are almost without exception worthless or

untrue, because the object of the question is not open to view, is

difficult to observe, and is kept hidden from even the nearest. Our

purpose is, therefore, best attained by directing the question to

religious activity, religiosity, and similar traits. These are not only

easy to perceive, but are openly exhibited because of their nature.

Whoever assumes piety, does so for the sake of other people, therefore

does not hide it. If religious extravagance can be reliably confirmed by

witnesses, it will rarely be a mistake to assume inclination to more or

less stifled sexual pleasure.

Examples of the relationship are known to every one of us, but I want to

cite two out of my own experience as types. In one of them the question

turned on the fact that a somewhat old, unmarried woman had appropriated

certain rather large trust sums and had presented them to her servant.

At first every suspicion of the influence of sex was set aside. Only the

discovery of the fact that in her ostentatious piety she had set up an

altar in her house, and compelled her servant to pray at it in her

company, called attention to the deep interest of this very moral maiden

in her servant.

The second case dealt with the poisoning of an old, impotent husband by

his young wife. The latter was not suspected by anybody, but at her

examination drew suspicion to herself by her unctuous, pious appearance.

She was permitted to express herself at length on religious themes and

showed so very great a love of saints and religious secrets that it was

impossible to doubt that a glowing sensuality must be concealed

underneath this religious ash. Adultery could not be proved, she must

have for one reason or another avoided it, and that her impotent husband

was unsatisfactory was now indubitable. The supposition that she wanted

to get rid of him in order to marry somebody else was now inevitable;

and as this somebody else was looked for and discovered, the adduction

of evidence of her guilt was no longer difficult.

How captious it is to prove direct passion and to attach reasonable

suspicion thereto, and how necessary it is, first of all, to establish

what the concealing material is, is shown in a remark of Kraus,[265] who

asserts that the wife never affects to be passionate with her husband;

her desire is to seduce him and she could not desire that if she were

not passionate. This assertion is only correct in general. It is not,

however, true that woman has no reason for affectation, for there are

enough cases in which some woman, rendered with child by a poor man,

desires to seduce a man of wealth in order to get a wealthy father for

her child. In such and similar cases, the woman could make use of every

trick of seduction without needing to be in the least passionately

disposed.

Another important form of submerged sexuality is ennui. Nobody can say

what ennui is, and everybody knows it most accurately. Nobody would say

that it is burdensome, and yet everybody knows, again, that a large

group of evil deeds spring from ennui. It is not the same as idleness; I

may be idle without being bored, and I may be bored although I am busy.

At best, boredom may be called an attitude which the mind is thrown into

because of an unsatisfied desire for different things. We speak of a

tedious region, a tedious lecture, and tedious company only by way of

metonymy--we always mean the emotional state they put us into. The

internal condition is determinative, for things that are boresome to one

may be very interesting to another. A collection, a library, a lecture,

are all tedious and boresome by transposition of the emotional state to

the objective content, and in this way the idea of boredom gets a wide

scope. We, however, shall speak of boredom as an emotional state. We

find it most frequently among girls, young women, and among undeveloped

or feminine men as a very significant phenomenon. So found, it is that

particular dreamful, happy, or unhappy attitude expressed in desire for

something absent, in quiet reproaches concerning the lack of the

satisfaction of that desire, with the continually recurring wish for

filling out an inner void. The basis of all this is mainly sex. It can

not be proved as such mathematically, but experience shows that the

emotional attitude occurs only in the presence of sexual energy, that it

is lacking when the desires are satisfied, but that otherwise, even the

richest and best substitution can offer no satisfaction. It is not

daring, therefore, to infer the erotic starting-point. Again we see how

the moralizing and training influence of rigidly-required work

suppresses all superfluous states which themselves make express demands

and might want complete satisfaction.

But everything has its limits, and frequently the gentle, still power of

sweet ennui is stronger than the pressure and compulsion of work. When

this power is present, it never results in good, rarely in anything

indifferent, and frequently forbidden fruit ripens slowly in its shadow.

Nobody will assert that ennui is the cause of illicit relations, of

seduction, of adultery and all the many sins that depend on it--from

petty misappropriations for the sake of the beloved, to the murder of

the unloved husband. But ennui is for the criminal psychologist a sign

that the woman was unsatisfied with what she had and wanted something

else. From wishing to willing, from willing to asking, is not such a

great distance. But if we ask the repentant sinner when she began to

think of her criminal action we always learn that she suffered from

incurable ennui, in which wicked thoughts came and still more wicked

plans were hatched. Any experienced criminal psychologist will tell you,

when you ask him, whether he has been much subject to mistakes in trying

to explain women’s crimes from the starting-point of their ennui. The

neighborhood knows of the periods of this ennui, and the sinner thinks

that they are almost discovered if she is asked about them. Cherchez la

femme, cherchez l’amour; cherchez l’ennui; and hundreds of times you

find the solution.

Conceit, too, may be caused by hidden sexuality. We need only to use the

word denotatively, for when we speak of the conceit of a scholar, an

official, or a soldier, we mean properly the desire for fame, the

activity of getting oneself praised and recognized. Conceit proper is

only womanish or a property of feminine men, and just as, according to

Darwin, the coloration of birds, insects, and even plants serves only

the purposes of sexual selection and has, therefore, sexual grounds, so

also the conceit of woman has only sexual purpose. She is conceited for

men alone even though through the medium of other women. As Lotze wrote

in his “Mikrokosmus,” “Everything that calls attention to her person

without doing her any harm is instinctively used by woman as a means in

sexual conflict.” There is much truth in the terms “means” and “sexual

conflict.” The man takes the battle up directly, and if we deal with

this subject without frills we may not deny that animals behave just as

men do. The males battle directly with each other for the sake of the

females, who are compelled to study how to arouse this struggle for

their person, and thus hit upon the use of conceit in sexual conflict.

That women are conceited does not much matter to us criminal

psychologists; we know it and do not need to be told. But the forms in

which their conceit expresses itself are important; its consequences and

its relation to other conditions are important.

To make use of feminine conceit in the court-room is not an art but an

unpermissible trick which might lead too far. Whoever wants to succeed

with women, as Madame de Rieux says, “must bring their self-love into

play.” And St. Prospère: “Women are to be sought not through their

senses--their weakness is in their heart and conceit.” These properties

are, however, so powerful that they may easily lead to deception. If the

judge does not understand how to follow this prescription it does no

good, but if he does understand it he has a weapon with which woman may

be driven too far, and then wounded pride, anger, and even suggestion

work in far too vigorous a manner. For example, a woman wants to defend

her lover before the judge. Now, if the latter succeeds by the

demonstration of natural true facts in wounding her conceit, in

convincing her that she is betrayed, harmed, or forgotten by her

protected lover, or if she is merely made to believe this, she goes, in

most cases, farther than she can excuse, and accuses and harms him as

much as possible; tries, if she is able, to destroy him--whether rightly

or wrongly she does not care. She has lost her lover and nobody else

shall have him. “Feminine conceit,” says Lombroso, “explains itself

especially in the fact that the most important thing in the life of

woman is the struggle for men.” This assertion is strengthened by a long

series of examples and historical considerations and can serve as a

guiding thread in many labyrinthine cases. First of all, it is important

to know in many trials whether a woman has already taken up this

struggle for men, i.e., whether she has a lover, or wishes to have a

lover. If it can be shown that she has suddenly become conceited, or her

conceit has been really intensified, the question has an unconditionally

affirmative answer. Frequently enough one may succeed even in

determining the particular man, by ascertaining with certainty the time

at which this conceit first began, and whether it had closer or more

distant reference to some man. If these conditions, once discovered, are

otherwise at all confirmed, and there are no mistakes in observation,

the inference is inevitably certain.

We learn much concerning feminine conceit when we ask how a man could

have altered the inclination of a woman whose equal he in no sense was.

It is not necessary in such cases to fuss about the insoluble riddle of

the female heart and about the ever-dark secrets of the feminine soul.

Vulpes vult fraudem, lupus agnum, femina laudem--this illuminates every

profundity. The man in question knew how to make use of laudem--he knew

how to excite feminine conceit, and so vanquished others who were worth

much more than he.

This goes so far that by knowing the degree of feminine conceit we know

also the vivacity of feminine sexuality, and the latter is

criminologically important. Heinroth[266] says, “The feminine

individual, so long as it has demands to make, or believes itself to

have them, has utmost self-confidence. Conceit is the sexual

characteristic.” And we may add, “and the standard of sexuality.” As

soon as the child has the first ribbon woven into its hair, sexuality

has been excited. It increases with the love of tinsel and glitter and

dies when the aging female begins to neglect herself and to go about

unwashed. Woman lies when she asserts that everything is dead in her

heart, and sits before you neatly and decoratively dressed; she lies

when she says that she still loves her husband, and at the same time

shows considerable carelessness about her body and clothes; she lies

when she assures you that she has always been the same and her conceit

has come or gone. These statements constitute unexceptionable rules. The

use of them involves no possible error.

We have now the opportunity to understand what feminine knowledge is

worth and in what degree it is reliable. This is no place to discuss the

capacity of the feminine brain, and to venture into the dangerous field

which Schopenhauer and his disciples and modern anthropologists have

entered merely to quarrel in. The judge’s business is the concrete case

in which he must test the expressions of a woman when they depend upon

real or apparent knowledge, either just as he must test the testimony of

any other witness, or by means of experts. We shall therefore indicate

only the symptomatic value of feminine knowledge with regard to feminine

conceit. According to Lotze, women go to theater and to church only to

show their clothes and to appear artistic and pious; while M.

d’Arconville says, that women learn only that it may be said of them,

“They are scholars,” but for knowledge they care not at all.

This is important because we are likely, with regard to knowledge in the

deepest sense of the word, to be frequently unjust to women. We are

accustomed to suppose that the accumulation of some form of knowledge

must have some definite, hence causally related, connection with

purpose. We ask why the scholar is interested in his subject, why he has

sought this knowledge? And in most cases we find the right reason when

we have found the logical connection and have sought it logically. This

might have explained difficult cases, but not where the knowledge of

women is concerned. Women are interested in art, literature, and

science, mainly out of conceit, but they care also for hundreds of other

little things in order, by the knowledge of them, to show off as

scholars. Conceit and curiosity are closely related. Women therefore

often attain information that might cause them to be listed as suspects

if it could not be harmlessly explained by conceit. Conceit, however,

has itself to be explained by the struggle for men, because woman knows

instinctively that she can use knowledge in this struggle. And this

struggle for the other sex frequently betrays woman’s own crime, or the

crime of others. Somebody said that Eve’s first thought after eating the

apple was: “How does my fig-leaf fit?” It is a tasteful notion, that

Eve, who needed only to please her Adam, thought only of this after all

the sorrow of the first sin! But it is true, and we may imagine Eve’s

state of mind to be as follows: “Shall I now please him more or less?”

It is characteristic that the question about dress is said to have been

the _first_ question. It shows the power of conceit, the swiftness with

which it presses to the front. Indeed, of all crimes against property

half would have remained undiscovered if the criminals had been

self-controlled enough to keep their unjustly acquired gains dark for a

while. That they have not, constitutes the hope of every judge for the

discovery of the criminal, and the hope is greater with the extent of

the theft. It may be assumed that the criminal exhibits the fruits of

his crime, but that it is difficult to discover when there is not much

of it. This general rule is much more efficacious among women than

among men, for which reason a criminalist who suspects some person

thinks rather of arresting this person’s wife or mistress than himself.

When the apprentice steals something from his master, his girl gets a

new shawl, and that is not kept in the chest but immediately decorates

the shoulders of the girl. Indeed, women of the profoundest culture can

not wait a moment to decorate themselves with their new gauds, and we

hear that gypsies, who have been caught in some fresh crime, are

betrayed mainly by the fact that the women who had watched the house to

be robbed had been trying on bits of clothing while the men were still

inside cleaning the place up. What was most important for the women was

to meet the men already decorated anew when the men would finally come

back.

The old maid is, from the sexual standpoint, legally important because

she is in herself rather different from other women, and hence must be

differently understood. The properties assigned to these very pitiful

creatures are well-known. Many of the almost exclusively unpleasant

peculiarities assigned to them they may be said really to possess. The

old maid has failed in her natural function and thus exhibits all that

is implied in this accident; bitterness, envy, unpleasantness, hard

judgment of others’ qualities and deeds, difficulty in forming new

relationships, exaggerated fear and prudery, the latter mainly as

simulation of innocence. It is a well-known fact that every experienced

judge may confirm that old maids (we mean here, always, childless,

unmarried women of considerable age--not maids in the anatomical sense)

as witnesses, always bring something new. If you have heard ten

mutually-corroborating statements and the eleventh is made by an old

maid, it will be different. The latter, according to her nature, has

observed differently, introduces a collection of doubts and suggestions,

introduces nasty implications into harmless things, and if possible,

connects her own self with the matter. This is as significant as

explicable. The poor creature has not gotten much good out of life, has

never had a male protector, was frequently enough defenseless against

scorn and teasing, the amenities of social life and friendship were

rarely her portion. It is, therefore, almost inevitable that she should

see evil everywhere. If she has observed some quarrel from her window

she will testify that the thing was provoked in order to disturb her; if

a coachman has run over a child, she suggests that he had been driving

at her in order to frighten her; the thief who broke into her neighbor’s

house really wanted to break into hers because she is without

protection and therefore open to all attacks, so that it is conceivable

that he should want to hurt her. As a rule there will be other

witnesses, or the old maid will be so energetic in her testimonies that

her “perceptions” will not do much damage, but it is always wise to be

cautious.

Of course, there are exceptions, and it is well-known that exceptions

occur by way of extreme contrast. If an old maid does not possess the

unpleasant characteristics of her breed, she is extraordinarily kind and

lovable, in such a way generally, that her all too mild and rather blind

conceptions of an event make her a dangerous witness. It is also true

that old maids frequently are better educated and more civilized than

other women, as De Quincey shows. They are so because, without the care

of husband and children, they have time for all kinds of excellences,

especially when they are inclined thereto. It is notable that the

founders of women’s charitable societies are generally old maids or

childless widows, who have not had the joys and tasks of motherhood. We

must take care, therefore, in judging the kindness of a woman, against

being blinded by her philanthropic activity. That may be kindness, but

as a rule it may have its source in the lack of occupation, and in

striving for some form of motherhood. In judging old maids we deceive

ourselves still more easily because, as Darwin keenly noted, they always

have some masculine quality in their external appearance as well as in

their activity and feeling. Now that kind of woman is generally strange

to us. We start wrong when we judge her by customary standards and miss

the point when, in the cases of such old maids, we presuppose only

feminine qualities and overlook the very virile additions. We may add to

these qualities the intrinsic productivity of old maids. Benneke, in his

“Pragmatische Psychologie,” compares the activity of a very busy

housewife with that of an unmarried virgin, and thinks the worth of the

former to be higher, while the latter accomplishes more by way of

“erotic fancies, intrigues, inheritances, winnings in the lottery, and

hypochondriac complaints.” This is very instructive from the

criminological point of view. For the criminalist can not be too

cautious when he has an old maid to examine. Therefore, when a case

occurs containing characteristic intrigues, fanciful inheritances, and

winnings in the lottery, it will be well to seek out the old maid behind

these things. She may considerably help the explanation.

Both professional and popular judgment agree that the largest majority

of women have great fear of becoming old maids. We are told how this

fear expresses itself in foreign countries. In Spain, e.g., it is said

that a Spanish woman who has passed her first bloom takes the first

available candidate for her hand in order to avoid old-maidenhood; and

in Russia every mature girl who is able to do so, goes abroad for a

couple of years in order to return as “widow.” Everybody knows the

event, nobody asks for particulars about it. Some such process is

universal, and many an unfortunate marriage and allied crime may be

explained by it. Girls who at seventeen or eighteen were very particular

and had a right to be, are modest at twenty, and at twenty-six marry at

any price, in order not to remain old maids. That this is not

love-marriage and is often contrary to intelligence, is clear, and when

neither heart nor head rule, the devil laughs, and it is out of such

marriages that adultery, the flight of the wife, cruelty, robbery from

the spouse, and worse things, arise. Therefore it will be worth while to

study the history of the marriage in question. Was it a marriage in the

name of God, i.e., the marriage of an old maid? Then double caution must

be used in the study of the case.

There is some advantage in knowing the popular conception of when a girl

becomes an old maid, for old-maidenhood is a matter of a point of view;

it depends on the opinion of other people. Belles-lettres deals

considerably with this question, for it can itself determine the popular

attitude to the unmarried state. So Brandes discovers that the heroines

of classical novelists, of Racine, Shakespeare, Moliere, Voltaire,

Ariosto, Byron, Lesage, Scott, are almost always sixteen years of age.

In modern times, women in novels have their great love-adventure in the

thirties. How this advance in years took place we need not bother to

find out, but that it has occurred, we must keep in mind.

Before concluding the chapter on sexual conditions, we must say a word

about hysteria, which so very frequently has deceived the judge.

Hysteria was named by the ancients, as is known, from ἡ ὑστἑρα, the

womb,--and properly--for most of the causes of evil are there hidden.

The hysterics are legally significant in various ways. Their fixed ideas

often cause elaborate unreasonable explanations; they want to attract

attention, they are always concerned with themselves, are always wildly

enthusiastic about somebody else; often they persecute others with

unwarranted hatred, and they are the source of the coarsest

denunciations, particularly with regard to sexual crimes. Incidentally,

most of them are smart and have a diseased acuity of the senses. Hearing

and smell in particular, are sometimes remarkably alert, although not

always reliable, for hysterics frequently discover more than is there.

On the other hand, they often are useful because of their delicate

senses, and it is never necessary to show the correctness of their

perception out of hand. Bianchi rightly calls attention to the fact,

that hysterics like to write anonymous letters. Writers of these are

generally women, and mainly hysterical women; if a man writes them, he

is indubitably feminine in nature.

Most difficulties with hysterics occur when they suffer some

damage,[267] for they not only add a number of dishonest phenomena, but

also actually feel them. I might recall by way of example Domrich’s

story, that hysterics regularly get cramps laughing, when their feet get

cold. If this is true it is easy to conceive what else may happen.

All this, clearly, is a matter for the court physician, who alone should

be the proper authority when a hysteric is before the court. We lawyers

have only to know what significant dangers hysterics threaten, and

further, that the physician is to be called whenever one of them is

before us. Unfortunately there are no specific symptoms of hysteria

which the layman can make use of. We must be satisfied with the little

that has just been mentioned. Hysteria, I had almost said _fortunately_,

is nowadays so widespread that everybody has some approximate knowledge

of how it affects its victims.

(4) _Particular Feminine Qualities._

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 36 / 79 章