Rape4 is almost always the crime of the poor, the hardworking, the uneducated and the abnormal. In the man of this type sex hunger is strong; he has little money, generally no family; he is poorly fed and clothed and possesses few if any attractions. He may be a sailor away from women and their society for months, or in some other remote occupation making his means of gratifying this hunger just as impossible. There is no opportunity for him except the one he adopts. It is a question of gratifying this deep and primal5 instinct as against the weakness of his mentality6 and the few barriers that a meagre education and picked-up habits can furnish; and when the instinct overbalances he is lost.
Incest, which is peculiarly the crime of the weak, the wretched and the poor, has a somewhat different origin. Westermarck in his "History of Human Marriage" shows that in the early tribe there was no inhibition against the marriage of blood relations; that the restriction7 then was against the members of the tribe that used one tent; these might or might not be blood relations. The traditions and folk-ways against the marriage of close relations grew from the familiarity that came from the living together of brother and sister, for instance, in one home. This feeling gradually worked itself into custom and habit and from that into folk-ways and laws. Sometimes we read accounts of the marriage of a man and woman who found, after years had gone by, that they were brother and sister who had been separated in infancy8 and grew up without knowledge of their relation to each other. Whether Nature forbids the marriage of relatives by preventing offspring or by producing imperfect offspring is a doubtful question. Certain communities in Europe have lived together so long that all are related and still they seem to thrive. Considering the general custom and feeling on the subject, however, the man and woman who know that they are closely related and who marry are different and weaker than the others; and this may show in their offspring. Although the subnormal may have no such feeling, they are judged by the traditions and customs of the normal and on that judgment9 are sent to prison.
Many sex crimes are charged to children in the adolescent age; children who have no knowledge of sex and its development and are helpless in the strength of their newly-discovered feelings. This class of offenders10 is almost always the inferior and the poor who are moved by strong instincts which they have not the natural feeling, the strength, the education, nor the desire to withstand.
While most crimes against persons are not directly due to economic causes, still the indirect effect of property is generally present in these crimes as well as others. The fact that the poor and defective are generally the subjects of prosecution12 and conviction in these offences shows how closely economic conditions are related to all crimes.
Other criminal statutes13 are of more modern date, and as a rule involve not much more than adultery, except in regard to the age of the girl offender11, which is generally placed below eighteen. Still the sex age of neither boys nor girls can be fixed14 by a calendar. It depends really upon development, which is not the same with all people or in all environments. Many girls of sixteen are more mature and have more experience of life than others of twenty. Most laws provide that below sixteen one cannot give consent and that a sexual act is then rape. It is doubtful if there should be any intermediate age between sixteen and eighteen, where an act is not rape but still a minor15 offence.
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1 inmates | |
n.囚犯( inmate的名词复数 ) | |
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2 defective | |
adj.有毛病的,有问题的,有瑕疵的 | |
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3 preservation | |
n.保护,维护,保存,保留,保持 | |
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4 rape | |
n.抢夺,掠夺,强奸;vt.掠夺,抢夺,强奸 | |
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5 primal | |
adj.原始的;最重要的 | |
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6 mentality | |
n.心理,思想,脑力 | |
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7 restriction | |
n.限制,约束 | |
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8 infancy | |
n.婴儿期;幼年期;初期 | |
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9 judgment | |
n.审判;判断力,识别力,看法,意见 | |
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10 offenders | |
n.冒犯者( offender的名词复数 );犯规者;罪犯;妨害…的人(或事物) | |
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11 offender | |
n.冒犯者,违反者,犯罪者 | |
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12 prosecution | |
n.起诉,告发,检举,执行,经营 | |
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13 statutes | |
成文法( statute的名词复数 ); 法令; 法规; 章程 | |
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14 fixed | |
adj.固定的,不变的,准备好的;(计算机)固定的 | |
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15 minor | |
adj.较小(少)的,较次要的;n.辅修学科;vi.辅修 | |
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