Criminal Psychology, Hans Gross [jenna bush book club .txt] 📗

the complaints of menstruating women are made at the period of their menses, they are just as excited four weeks later, and opposed to every attempt at adjustment. This is the much-verified fundamental principle! I once succeeded by its use in helping a respectable, peace-loving citizen of a small town, whose wife made uninterrupted complaints of inuriam causa, and got the answer that his wife was an excellent soul, but, “gets the devil in her during her monthlies, and tries to find occasions for quarrels with everybody and finds herself immediately much insulted.”

 

[1a] Der sensitive Mensch.

 

A still more suspicious quality than the empty capacity for anger is pointed out by Lombroso,[1] who says that woman during menstruation is inclined to anger and to falsification. In this regard Lombroso may be correct, inasmuch as the lie may be combined <p 316>

with the other qualities here observed. We often note that most honorable women lie in the most shameless fashion. If we find no other motive and we know that the woman periodically gets into an abnormal condition, we are at least justified in the presupposition that the two are coordinate, and that the periodic condition is cause of the otherwise rare feminine lie. Here also, we are required to be cautious, and if we hear significant and not otherwise confirmed assertions from women, we must bear in mind that they may be due to menstruation.

 

[1] C. Lombroso and G. Ferrero. The Female Offender.

 

But we may go still further. Du Saulle[1] asserts on the basis of far-reaching investigations, that a significant number of thefts in Parisian shops are committed frequently by the most elegant ladies during their menstrual period, and this in no fewer than 35 cases out of 36, while 10 more cases occurred at the beginning of the period.

 

[1] La Folie devant les Tribunaux Paris 1864.

Trait<e’> de Medicine L<e’>gale. Paris 1873.

 

Other authorities[2] who have studied this matter have shown how the presentation of objects women much desire leads to theft. Grant that during her mensis the woman is in a more excitable and less actively resisting condition, and it may follow she might be easily overpowered by the seductive quality of pretty jewelry and other knickknacks. This possibility leads us, however, to remoter conclusions.

Women desire more than merely pretty things, and are less able to resist their desires during their periods. If they are less able to resist in such things, they are equally less able to resist in other things. In handling those thefts which were formerly called kleptomaniac, and which, in spite of the refusal to use this term, are undeniable, it is customary, if they recur repeatedly, to see whether pregnancy is not the cause. It is well to consider also the influence of menstruation.

 

[2] Les Voleuses des Grands Magazins. Archives d’Anthropologie Criminelle XVI, 1, 341 (1901).

 

Menstruation may bring women even to the most terrible crimes.

Various authors cite numerous examples in which otherwise sensible women have been driven to the most inconceivable things—in many cases to murder. Certainly such crimes will be much more numerous if the abnormal tendency is unknown to the friends of the woman, who should watch her carefully during this short, dangerous period.

 

The fact is familiar that the disturbances of menstruation lead to abnormal psychoses. This type of mental disease develops <p 317>

so quietly that in numerous cases the maladies are overlooked, and hence it is more easily possible, since they are transitive, to interpret them commonly as “nervous excitement,” or to pay no attention to them, although they need it.[1]

 

[1] A. Schwob: Les Psychoses Menstruelles au Point du Vue Medico-legal. Lyon, 1895.

 

Section 67. (c) Pregnancy.

 

We may speak of the conditions and effects of pregnancy very briefly. The doubt of pregnancy will be much less frequent than that of menstruation, for the powerful influence of pregnancy on the psychic life of woman is well-known, and it is hence the more important to call in the physician in cases of crimes committed by pregnant women, or in cases of important testimony to be given by such women. But, indeed, the frequently obvious remarkable desires, the significant conduct, and the extraordinary, often cruel, impulses, which influence pregnant women, and for the appearance of which the physician is to be called in, are not the only thing.

The most difficult and most far-reaching conditions of pregnancy are the purely psychical ones which manifest themselves in the sometimes slight, sometimes more obvious alterations in the woman’s point of view and capacity for producing an event. In themselves they seem of little importance, but they occasion such a change in the attitude of an individual toward a happening which she must describe to the judge, that the change may cause a change in the judgment. I repeat here also, that it may be theoretically said, “The witness must tell us facts, and only facts,” but this is not really so. Quite apart from the fact that the statement of any perception contains a judgment, it depends also and always on the point of view, and this varies with the emotional state. If, then, we have never experienced any of the emotional alteration to which a pregnant woman is subject, we must be able to interpret it logically in order to hit on the correct thing. We set aside the altered somatic conditions of the mother, the disturbance of the conditions of nutrition and circulation; we need clearly to understand what it means to have assumed care about a developing creature, to know that a future life is growing up fortunately or unfortunately, and is capable of bringing joy or sorrow, weal or woe to its parents. The woman knows that her condition is an endangerment of her own life, that <p 318>

it brings at least pains, sufferings, and difficulties (as a rule, overestimated by the pregnant woman). Involuntarily she feels, whether she be educated or uneducated, the secrecy, the elusiveness of the growing life she bears, the life which is to come out into the world, and to bring its mother’s into jeopardy thereby. She feels nearer death, and the various tendencies which are attached to this feeling are determined by the nature and the conditions of each particular future mother’s sensations. How different may be the feeling of a poor abandoned bride who is expecting a child, from that of a young woman who knows that she is to bring into the world the eagerly-desired heir of name and fortune. Consider the difference between the feeling of a sickly proletarian, richly blessed with children, who knows that the new child is an unwelcome superfluity whose birth may perhaps rob the other helpless children of their mother, with the feeling of a comfortable, thoroughly healthy woman, who finds no difference between having three or having four children.

 

And if these feelings are various, must they not be so intense and so far-reaching as to influence the attitude of the woman toward some event she has observed? It may be objected that the subjective attitude of a witness will never influence a judge, who can easily discover the objective truth in the one-sided observation of an event. But let us not deceive ourselves, let us take things as they are. Subjective attitude may become objective falsehood in spite of the best endeavor of the witness, and the examiner may fail altogether to distinguish between what is truth and what poetry. Further, in many instances the witness must be questioned with regard to the impression the event made on her. Particularly, if the event can not be described in words.

 

We must ask whether the witness’s impression was that an attack was dangerous, a threat serious, a blackmail conceivable, a brawl intentional, a gesture insulting, an assault premeditated. In these, and thousands of other cases, we must know the point of view, and are compelled to draw our deductions from it. And finally, who of us believes himself to be altogether immune to emotional induction?

The witness describes us the event in definite tones which are echoed to us. If there are other witnesses the incomplete view may be corrected, but if there is only one witness, or one whom for some reason we believe more than others, or if there are several, but equally-trusted witnesses, the condition, viewpoint, and “fact,” remain inadequate in us. Whoever has before him a pregnant woman with <p 319>

her impressions altered in a thousand ways, may therefore well be “up in the air!”[1]

 

[1] Neumann: Einfluss der Sehwangerschaft. Siebold’s Journal f. Geburtshilfe.

Vol. II.

Hoffbauer: Die Gel<u:>ste der Schwangeren. Archiv f. Kriminalrecht. Vol. I.

1817.

The older literature which develops an elaborate casuistic concerning cases in which pregnant women exhibited especial desires, or abnormal changes in their perceptions and expressions, is in many directions of considerable importance. We must, however, remember that the old observations are rarely exact and were always made with less knowledge than we nowadays possess.

 

Section 68. (d) Erotic.

 

A question which is as frequent as it is idle, concerns the degree of sexual impulse in woman. It is important for the lawyer to know something about this, of course, for many a sexual crime may be more properly judged if it is known how far the woman encouraged the man; and in similar cases the knowledge might help us to presume what attitude feminine witnesses might take toward the matter.

First of all, the needs of individual women are as different as those of individual men, and as varied as the need for food, drink, warmth, rest, and a hundred other animal requirements. We shall be unable to find any standard by determining even an average. It is useless to say that sexual sensibility is less in woman than in man; because specialists contradict each other on this matter. We are not aided either by Sergi’s[2] assertion, that the sensibility is less than the irritability in woman, or by Mantegazza’s statement, that women rarely have such powerful sexual desire that it causes them pain.

We can learn here, also, only by means of the interpretation of good particular observations. When, for example, the Italian positivists repeatedly assert that woman is less erotic and more sexual, they mean that man cares more about the satisfaction of the sexual impulse, woman about the maternal instinct. This piece of information may help us to explain some cases; at least we shall understand many a girl’s mistake without needing immediately to presuppose rape, seduction by means of promises of marriage, etc. Once we have in mind soberly what fruits dishonor brings to a girl,—scorn and shame, the difficulties of pregnancy, alienation from relatives, perhaps even banish-

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ment from the paternal home, perhaps the loss of a good position, then the pains and sorrows of child-birth, care of the child, reduction of earnings, difficulties and troubles with the child, difficulties in going about, less prospect of care through wedlock,—

these are of such extraordinary weight, that it is impossible to adduce so elementary a force to the sexual impulse as to enable it to veil the outlook upon this outcome of its satisfaction.

 

[2] Archivio di Psichiatria. 1892. Vol. XIII.

 

The well-known Viennese gynaecologist, Braun, said, “If it were naturally so arranged that in every wedlock man must bear the second child, there would be no more than three children in any family.” His intention is, that even if the woman agrees to have the third child, the man would be so frightened at the pains of the first child-birth that he never again would permit himself to bear another. As we can hardly say that we have any reason for asserting that the sexual needs of woman are essentially greater, or that woman is better able to bear more pain than