Sex and Punishment: Four Thousand Years of Judging Desire (59 page)

15
Hunt, “Pornography and the French Revolution”; Clark,
Desire
, 107; Hitchcock,
English Sexualities
, 14–15; Potts and Short,
Ever Since Adam and Eve
, 79; Wagner, “Pornographer in the Courtroom,” 120–40; Pinkus,
Grub St
., 54–55.

16
Wagner, “The Pornographer in the Courtroom,” 129; Hunt, “Pornography and the French Revolution,” 303; Hyde,
A History of Pornography
, 156–62; Paul Baines and Pat Rogers,
Edmund Curll
, 157–68; Norton,
Mother Clap’s
, 92–99; Pinkus,
Grub St.
, 81.

17
See
Memoirs v. Massachusetts
, 383 U.S. 413 (1966). The first version of
Fanny Hill
contained a lengthy passage about the “odious” buggery of a young male “Ganymede” in Hampton Court, but that was soon deleted. See Norton,
Mother Clap’s
, 177–78; see also McCord, “Charming and Wholesome Literature,” 275–77; Bloch,
Sex Life in England
, 316–17; Hyde,
History of Pornography
, 97–100; Hitchcock,
English Sexualities
, 20; Kendrick,
Secret Museum
, 209–11; Grazia,
Girls Lean Back Everywhere
, 436–43.

18
Merrick,
Order and Disorder
, 21–33.

19
Guicciardi, “Between the Licit and the Illicit,” 89–93; Merrick,
Order and Disorder
, 39; Bullough and Bullough,
Women and Prostitution
, 165–66; Merrick, “Sexual Politics,” 77–79.

20
Burrows,
Blackmail, Scandal, and Revolution
, 3, 10–17, 27, 71, 90, 98–101, 219; Hunt, “Pornography and the French Revolution,” 301, 312–15, 324–25; Merrick,
Order and Disorder
, 39; Merrick, “Sexual Politics,” 81; Crawford,
European Sexualities
, 225–66.

21
Burrows,
Blackmail, Scandal, and Revolution
, 33–36, 152, 158–62; Hunt, “Pornography and the French Revolution,” 324; Stengers and van Neck,
Masturbation
, 83–84. The necklace had originally been commissioned by Louis XV for Madame du Barry, but the king died before it was completed. By the time la Motte’s scheme started, Louis XVI had already offered it to Marie Antoinette. The queen had refused it.

22
Hayman,
Marquis de Sade
, 150–51; Copley,
Sexual Moralities in France
, 31–34, 45.

23
Bullough and Bullough,
Women and Prostitution
, 166–75; Flaherty, “Law and the Enforcement of Morals in Early America,” 63; Peakman,
Lascivious Bodies
, 14, 16, 19; Hitchcock,
English Sexualities
, 71, 93–94, 105–7; Jones, “Prostitution and the Ruling Class,” 7–28.

THE NINETEENTH CENTURY: HUMAN NATURE ON TRIAL

1
Robertson, “Age of Consent Laws”; Morone,
Hellfire Nation
, 247. By 1880, not one state had set the age of consent at older than thirteen. Odem,
Delinquent Daughters
, 9, 68–69.

2
Grand jury testimony of Samantha Jane Gailey in
People v. Polanski
, Case No. A-334,139, March 24, 1977.

3
Fisher,
Scandal
, 33–34, 53–57, 63; Weeks,
Sex, Politics and Society
, 88–89; Hunt,
Governing Morals
, 165–66; Morone,
Hellfire Nation
, 248; Roberts,
Making English Morals
, 267.

4
Roberts,
Making English Morals
, 267–68; Fisher,
Scandal
, 60–89; Hunt,
Governing Morals
, 167–68; Morone,
Hellfire Nation
, 247; Bullough and Bullough,
Sexual Attitudes
, 215–16; Hyde,
History of Pornography
, 148.

5
Barton v. Bee Line
, 238 A.D. 501, 265 N.Y.S. 284 (1933).

6
Braun v. Heidrich
, 62 N.D. 85, 241 N.W. 599 (1932). See also the non-bylined article in the
Fordham Law Review
, which expresses concern that aggressive protection against statutory rape “might conceivably be an incentive to [a girl’s] active solicitation or voluntary acquiescence and might also develop into a very fertile field of ‘legal extortion.’”
Fordham Law Review
7 (1938): 275.

7
Arnot and Usborne,
Gender and Crime
, 233.

8
Burton, “Conjugality on Trial,” 33–56; Van der Veer,
Imperial Encounter
, 96.

9
Morone,
Hellfire Nation
, 258ff.; Walkowitz,
Prostitution and Victorian Society
, 71–89; Clark,
Desire
, 132–33; Arnot and Usborne,
Gender and Crime
, 155–58; Bullough and Bullough,
Women and Prostitution
, 188–94; Jusek, “Sexual Morality,” 123–42.

10
Walkowitz,
Prostitution and Victorian Society
, 71–89, 104–12; Fisher,
Scandal
, 15–26, 42, 55–58; Bullough,
Women and Prostitution
, 95–96; Arnot and Usborne,
Gender and Crime
, 160.

11
Bullough,
Women and Prostitution
, 217–24; Henriques,
Prostitution
, 268–70, 283–84; Horowitz,
Rereading Sex
, 125–27, 135, 147–49; Morone,
Hellfire Nation
, 258–59;
San Francisco Chronicle
, December 5, 1869.

12
Luibhéid,
Entry Denied
, 13, 35–38, 47–50; Abrams, “Polygamy, Prostitution”; Morone,
Hellfire Nation
, 261–67.

13
Largent,
Breeding Contempt
, 1–27, 31–32, 65; “Whipping and Castration and Punishments for Crime,”
Yale Law Journal
8 (1899): 371–86; Stengers and van Neck,
Masturbation
, 111–14; Block,
Rape and Sexual Power
, 143–52.

14
Roberts, “Society for the Suppression of Vice,” 159–76; Hunt,
Governing Morals
, 70–73; Bristow,
Vice and Vigilance
, 42–48; Hyde,
History of Pornography
, 167–72; Thomas,
Long Time Burning
, 190;
R. v. Hicklin
(1868), LR 3 QB 360. (Hicklin was the magistrate who ordered the destruction of the pamphlets.)

15
See, generally, Elizabeth Ladenson,
Dirt for Art’s Sake
, 11, 17–77.

16
The term “Comstockery” was coined by the playwright George Bernard Shaw after Comstock attacked his play
Mr. Warren’s Profession
. See also Grazia,
Girls Lean Back Everywhere
, 4–6; Horowitz,
Rereading Sex
, 104–5, 317–18, 368–74; Comstock,
Traps for the Young
, 2, 28; Talese,
Thy Neighbor’s Wife
, 43; Morone,
Hellfire Nation
, 230–31, 241; Meadow and Weiss,
Women’s Conflicts
, 113–14; Abbott,
History of Celibacy
, 204.

17
Morone,
Hellfire Nation
, 228–40; Horowitz,
Rereading Sex
, 381–87, 405–18, 432–34; Grazia,
Girls Lean Back Everywhere
, 1–5.

18
See, generally, Albert, “Books on Trial,” 119–39.

19
See the
London Times’s
coverage of the Boulton and Park legal proceedings, gathered at
www.victorianlondon.org
; see also
Weeks, Sex, Politics and Society
, 101, discussing the fact that Dr. Tardieu in France had done considerable work identifying physical signs of homosexuality, but the lawyers for both the prosecution and the defense were wary of research originating in Britain’s licentious neighbor across the channel; the attorney general observed that it was fortunate there was “very little learning or knowledge about this subject in this country,” while the defense held that it was wrong to rely “on the newfound treasures of French literature on this subject—which thank God is still foreign to the libraries of British surgeons”; Fisher,
Scandal
, 141–42.

20
The word “homosexual” was coined in 1869 by the Hungarian Károly Mária Kertbeny in a pamphlet defending homosexual orientation. See Bullough and Bullough,
Sexual Attitudes
, 229–35; Weeks,
Sex, Politics and Society
, 101–5. In France, in 1857, Dr. Tardieu cautioned police to look for signs of masturbation in all men arrested for public indecency, as masturbation was tantamount to proof of a tendency toward “pederasty.” Copley,
Sexual Moralities in France
, 106; Fisher,
Scandal
, 138–46; Wright,
Oscar’s Books
, 218–20; Keeler and Meadley,
Sex Scandals
, 193–224.

21
See Arnot and Usborne,
Gender and Crime
, 233; Fisher,
Scandal
, 150; Wright,
Oscar’s Books
, 223–39; Knappman,
Great World Trials
, 155.

22
On the subject of the Wilde trials, see also Hyde,
Trials of Oscar Wilde
.

23
Wright,
Oscar’s Books
, 103; Krafft-Ebing,
Psychopathia Sexualis
, 255ff.; Wright,
Oscar’s Books
, 238–39.

24
Clark,
Desire
, 137; Copley,
Sexual Moralities in France
, 102–3; William Peniston, “A Public Offense Against Decency,” 12–32.

25
Nancy Erber, “Queer Follies,” 186–208.

BIBLIOGRAPHY

Abbott, Elizabeth.
A History of Celibacy
. New York: Scribner, 2000.

Abrams, Kerry. “Polygamy, Prostitution, and the Federalization of Immigration Law.”
Columbia Law Review
105 (2005): 641–716.

Aeschines
Against Timarchus
Translated by Charles Darwin Adams. Cambridge: Harvard University Press; London: William Heinemann Ltd., 1919.

Albert, Nicole. “Books on Trial: Prosecutions for Representing Sapphism in Fin-de-Siècle France.” In
Disorder in the Court: Trials and Sexual Conflict at the Turn of the Century
, edited by George Robb and Nancy Erber, 119–139. New York: New York University Press, 1999.

Allen, Danielle S. “Punishment in Ancient Athens.” In
Athenian Law in Its Democratic Context
(Center for Hellenic Studies On-Line Discussion Series), edited by Adriaan Lanni. Republished in
Dēmos: Classical Athenian Democracy
, edited by C. W. Blackwell. Accessed January 5, 2012 at The Stoa: A Consortium for Electronic Publication in the Humanities (A. Mahoney and R. Scaife, eds.) at
http://www.stoa.org/projects/demos/punishment.pdf
.

Ambrose. “Ambrose to Theodosius I 390 [Letter 51].”
Medieval Sourcebook
. Internet History Sourcebooks Project, accessed August 29, 2011,
www.fordham.edu/halsall/source/ambrose-let51.asp
.

Ankarloo, Bengt, and Stuart Clark.
The Athlone History of Witchcraft and Magic in Europe
. London: Athlone Press, 1999.

Antiphon.
Against the Stepmother
. Edited by Gregory R. Crane and K. J. Maidmont. Perseus Digital Project, Tufts University, accessed September 3, 2011,
www.perseus.tufts.edu/hopper/text?doc=Perseus%3Atext%3A1999.01.0020&redirect=true
.

Aristophanes.
Acharnians
. Edited by Gregory R. Crane. Perseus Digital Project, Tufts University, accessed September 3, 2011,
www.perseus.tufts.edu/hopper/text?doc=Perseus%3Atext%3A1999.01.0240%3Acard%3D1
.

———.
Clouds
. Edited by Gregory R. Crane and William James Hickie. Perseus Digital Project, Tufts University, accessed September 3, 2011,
www.perseus.tufts.edu/hopper/text?doc=Perseus%3Atext%3A1999.01.0241 %3Acard%3D1
.

Aristotle.
Politics
. Edited by Gregory R. Crane and K. J. Maidmont. Perseus Digital Project, Tufts University, accessed September 3, 2011,
www.perseus.tufts.edu/hopper/text?doc=Perseus%3atext%3a1999.01.0058
.

Arnaoutoglou, Ilias.
Ancient Greek Laws: A Sourcebook
. London: Routledge, 1998.

Arnot, Margaret L., and Cornelie Usborne.
Gender and Crime in Modern Europe
. London: UCL Press, 1999.

Augustine.
The City of God
. Translated by Marcus Dods. Edinburgh: T&T Clark, 1871.

Baines, Paul, and Pat Rogers.
Edmund Curll, Bookseller
. Oxford: Clarendon Press, 2007.

Bardaglio, Peter W. “Rape and the Law in the Old South: ‘Calculated to Excite Indignation in Every Heart.’”
The Journal of Southern History
60 (1994): 749–72.

———.
Reconstructing the Household: Families, Sex, and the Law in the Nineteenth-Century South
. Chapel Hill: University of North Carolina Press, 1995.