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until the world is made aware of these facts." But, while the law has had no more influence in repressing abnormal sexuality than, wherever it has tried to do so, it has had in repressing the normal sexual instinct, it has served to foster another offense. What is called blackmailing in England, _chantage_ in France, and _Erpressung_ in Germany--in other words, the extortion of money by threats of exposing some real or fictitious offense--finds its chief field of activity in connection with homosexuality.[274] No doubt the removal of the penalty against simple homosexuality does not abolish blackmailing, as the existence of this kind of _chantage_ in France shows, but it renders its success less probable. On all these grounds, and taking into consideration the fact that the tendency of modern legislation generally, and the consensus of authoritative opinion in all countries, are in this direction, it seems reasonable to conclude that neither "sodomy" (i.e., _immissio membri in anum hominis vel mulieris_) nor "gross indecency" ought to be penal offenses, except under certain special circumstances. That is to say, that if two persons of either or both sexes, having reached years of discretion,[275] privately consent to practise some perverted mode of sexual relationship, the law cannot be called upon to interfere. It should be the function of the law in this matter to prevent violence, to protect the young, and to preserve public order and decency. Whatever laws are laid down beyond this must be left to the individuals themselves, to the moralists, and to social opinion. At the same time, and while such a modification in the law seems to be reasonable, the change effected would be less considerable than may appear at first sight. In a very large proportion, indeed, of cases boys are involved. It is instructive to observe that in Legludic's 246 cases (including victims and aggressors together) in France, 127, or more than half, were between the ages of 10 and 20, and 82, or exactly one-third, were between the ages of 10 and 14. A very considerable field of operation is thus still left for the law, whatever proportion of cases may meet with no other penalty than social opinion. That, however, social opinion--law or no law--will speak with no uncertain voice is very evident. Once homosexuality was primarily a question of population or of religion. Now we hear little either of its economic aspects or of its sacril
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