and at the same time remove the conditions necessary to the existence of responsibility, under the following circumstances:—
1. To oppose the normal or intensified sexual desire, there may be no moral or legal notions, owing to (a) the fact that they may never have been developed (states of congenital mental weakness); or to (b) the fact that they have been lost (states of acquired mental weakness).
2. When the sexual desire is increased (states of psychical exaltation) and consciousness simultaneously clouded, the mental mechanism is too much disturbed to allow the opposing ideas, virtually present, to exert their influence.
3. When the sexual instinct is perverse (states of psychical degeneration). It may, at the same time, be intensified.
Cases of sexual delinquency that occur outside of states of mental defect, degeneration, or disease, can never be excused on the ground of irresponsibility.
In many cases, instead of an abnormal psychical condition, a neurosis (local or general) is found. Inasmuch as the transitions from a neurosis to a psychosis are easy, and elementary psychical disturbances are frequent in the former, and constant in profound perversion of the sexual life, the neurotic affection—e.g., impotence, irritable weakness, etc.—exerts an influence on the motive of the incriminating act; and a just judge, notwithstanding the lack of legal irresponsibility due to mental defect or disease, will recognize the circumstances which ameliorate the heinousness of the crime.
For various reasons the practical jurist will, in all cases of sexual crimes, call medical experts to make a psychiatric examination.
To be sure, his own conscience and judgment must be the guides when necessity makes them his only reliance. Under the following circumstances indices are given which point to a pathological condition:—
The accused is senile. The sexual crime is committed openly, with remarkable cynicism. The manner of obtaining sexual satisfaction is silly (exhibition), or cruel (mutilation or murder), or perverse (necrophilia, etc.).
