As in cases of rape,
emission is not essential, and penetration, however slight, answers all
practical purposes.
There can be no doubt that in the majority of these cases there exists a
congenitally abnormal condition of the sexual instinct, these
individuals from their childhood manifesting a perverted sexual
instinct. The man is physically a man, but psychically a woman, and
_vice versa_. The tendency nowadays is not to charge these people with
the more serious offence, but to deal with them under Section 11 of the
Criminal Law Amendment Act, 1885 (48 and 49 Vict., c. 69). This section,
which is sufficiently comprehensive, runs as follows: 'Any male person
who in public or private commits or is a party to the commission, or
attempts to procure the commission by any male person, of any act of
gross indecency with another male person, shall be guilty of a
misdemeanour.' The penalty is imprisonment for two years, with or
without hard labour. It is provided by Section 4 of the same Act that a
boy under sixteen may be whipped.
=Incest.=--This crime is dealt with under the Punishment of Incest Act,
1908 (8 Edward VII., c. 45). Carnal knowledge with mother, sister,
daughter, or grand-daughter, is a misdemeanour, provided the
relationship is known.
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