Page:Edward Prime-Stevenson - The Intersexes.djvu/501

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pronounce on his "nature". But if his status be so settled, he finally is absolved from felony, and is free.

Inborn Homo-
sexualism as
Defense.

In such cases, sometimes previous psychomedical data are already at hand. The term of examination usually in subtracted from the term of imprisonment under sentence, for a homosexual patient. This attitude of law of course is not shown to homosexual blackmailers; but simply to those respectable homosexuals under arrest for sexual misconduct. Sometimes comes no further penalty. But in Germanic territories, be it noted that when a homosexual offender of good moral character, has been pronounced naturally, "incurably" homosexual, and is discharged (having his detention for examination as his only punishment) it is decidedly advisable that he leave the place where his case has occurred; as soon as possible should arrange to live out of Germany or Austria. He will—naturally—nearly always do. this, but sometimes it is inconvenient enough. He is

lucky to escape with only exile. A few years ago, as a similisexual he would not have "got off" so lightly. Continental law had not then endured, even vaguely and unwillingly as now, the idea that something quite other than vice underlies much homosexualism; that the uranian Intersex has excuses, has demands, even has rights, however.abnormal they have seemed. Medicopsychic research herein.has affected the jurisprudence of Continental Europe importantly; though much is yet to do.

An Improved
Legal Sentiment
Especial to
Germany and
Austria; not in
Great Britain or
America.

The reader may observe that while in Europe (even apart the tolerance of Latin races) scientific excuse for homosexualism is making way, old standards hold in English and North American law-courts. Ignorance and indeed vehement hostility against any excuses for homosexualism obtain in England and the United States. Outside

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