Professional Documents
Culture Documents
1
Thomas Jefferson:
“If a nation expects to be
ignorant and free, it
expects what never was
and never will be.”
Jefferson, Thomas. Stephen McDowell and Mark Beliles, "The Providential Perspective" (Charlottesville, VA:
The Providence Foundation, P.O. Box 6759, Charlottesville, Va. 22906, January 1994), Vol. 9, No. 1, p. 3. 2
Only 2 American Sexuality Law Standards
“[R]esearch on human sexuality...can be divided
somewhat crudely into the pre-Kinsey and post-Kinsey eras.”*
2,000
1,500
1,103
1,000
454
500
117
0
Convicts Homosexuals Mentally ill* "Normals"
6
“Cleaning” funded by a G&J NIMH Grant The Kinsey Data; Marginal Tabulations, 1979, p. 3. pp,. 4, 5, 6. *~90% of group as white. G&J claim theirs is a 5,460 White
Male Sample, despite having “cleaned” the Kinsey data and their tables show thousands of “white males.”
1951 Rockefeller Fnd.
Natural Science Head,
Warren Weaver
1965 Mo, “Sex
Education Act”*
1948 1948
MPC ADVISORS/LAW Kinsey Reports (KR): The Advent of “Consent” Four Books Call for “Science-Based” Sex Law Reforms
KR falsely claims that 95% of white men would be sex offenders, ■ Sex Habits of American Men, A Symposium on the Kinsey Reports
JUDGES:
were the common law enforced: Edited by Albert Deutsch
Curtis Bok, Judge, Court of Common Pleas, Philadelphia, Pa. • 69% frequent prostitutes (prostitution is illegal) ■ American Sexual Behaviour and the Kinsey Report
Charles D. Breitel, Justice, New York Supreme Court, New York, N. Y.
Gerald F. Flood, Judge, Court of Common Pleas, Philadelphia, Pa. • 85% have pre-marital sex (fornication is illegal) Morris Ernst & David Loth
Stanley H. Fuld, Judge, New York Court of Appeals, New York, N. Y. • 50% commit adultery (adultery is illegal) ■ The Ethics of Sexual Acts
Learned Hand, Judge (Ret.) United States Court of Appeals, Second Circuit, • 10%-37% are somewhat homosexual (sodomy is illegal) Rene Guyon (French Pedophile Jurist)
New York, N.Y.
John J. Parker, Chief Judge, United States Court of Appeals, Fourth Circuit, While of white women KR falsely claims that: ■ About the Kinsey Report
Charlotte, N. C. • 0% are harmed by rape Donald Porter Geddes & Enid Currie
Orie L. Phillips, Chief Judge, United States Court of Appeals, Tenth Circuit,
Denver, Colo. • 50% have pre-marital sex (fornication is illegal)
Joseph Sloane, Judge, Court of Common Pleas, Philadelphia, Pa. • 26% commit and 50% desire adultery (adultery is illegal)
• 87% of pregnant single women abort (abortion is illegal)
LAW SCHOOLS: • 25% of wives abort (illegal) MPC ADVISORS/THERAPUTIC SCIENCES
Dale E. Bennett, Louisiana State University Law School, Baton Rouge, La. Of children, KR falsely claims that 100% are orgasmic from birth, hence: SOCIOLOGY/ENGLISH:
George H. Dession, Professor of Law, Yale Law School, New Haven, Conn. • Children can benefit from sex with adults and older persons,
Sheldon Glueck, Professor of Law, Law School of Harvard University, Cambridge, even incest (illegal) Ernest W. Burgess, Professor of Sociology, University of Chicago, Chicago, Ill.
Mass. Kenneth D. Johnson, Dean, New York School of Social Work, New York, N. Y.
Jerome Hall, Professor of Law, Indiana University School of Law, Bloomington, • Children need early, explicit school sex education (illegal) Thorsten Sellin, Professor of Sociology, University of Pennsylvania,
Ind. • Children need masturbation, hetero/homosexual acts taught (illegal) Philadelphia, Pa.
Albert J. Harno, Dean, University of Illinois, College of Law, Urbana, Ill. Lionel Trilling, Professor of English, Columbia University, New York, N. Y.
Henry M. Hart, Professor of Law, Law School of Harvard University, Of parole, KR falsely claims that sex offenders rarely repeat sex crimes.
Cambridge, Mass.
Jerome Michael, Professor of Law, Columbia University School of Law, New
York, N. Y. (Deceased 1953) PSYCHIATRY/MENTAL HYGIENE:
Frank J. Remington, Associate Professor of Law, University of Wisconsin Law 1950
School, Madison, Wis. Lawrence Z. Freedman, M.D., School of Medicine, Department of Psychiatry
John BarkerWaite, Professor of Law, University of California, Hastings College Rockefeller Funds Model Penal Code and Mental Hygiene, Yale University, New Haven, Conn.
of Law, San Francisco, California. Manfred S. Guttmacher, M.D., Chief Medical Officer, Supreme Bench of Baltimore,
1952 Baltimore, Md.
CORRECTIONS/JUSTICE: Herbert Wechsler, Harvard Law Review, Call for MPC
Sanford Bates, Commissioner, Department of Institutions and Agencies, State 1955 OTHERS:
of New Jersey, Trenton, N. J. AUTHORS / REPORTERS of MPC
Winfred Overholser, M.D., Superintendent, St. Elizabeth’s Hospital, Federal Leonard S. Cottrell, Russell Sage Foundation, New York, N. Y.
Security Agency, Washington, D. C. Herbert Wechsler, Chief (Lawyer) Morris Ploscowe, Assoc. (Judge) Thomas D. McBride, Philadelphia, Pa.
James V. Bennett, Director, Bureau of Prisons, Department of Justice, Washington, Louis B. Schwartz, Assoc. (Lawyer) Paul Tappan, Assoc. Timothy N. Pfeiffer, New York, N. Y.
D. C. Floyd E. Thompson, Chicago, Ill.
Samuel Dash, Acting District Attorney, Philadelphia, Pa. (Lawyer/Sociologist)
Harrison Tweed, President, The American Law Institute, New York, N. Y.
Florence M. Kelly, Attorney-in-Charge, Legal Aid Society, Criminal Courts Branch, Herbert F. Goodrich, Director, The American Law Institute, Philadelphia, Pa.
New York, N. Y.
Joseph Sarafite, Chief Assistant District Attorney, New York County, New York,
N. Y.
MPC #4 “Sex Offenses” Draft Sent To States
1956 1962 1963 1963 1967 1969 1970 1971 1956 1970 1972 1971 1972 1972 1974 1978 1978 1979 ALL
OTHER
WI IL MN NM NY GA KA NJ OR MD MA CN CO ID KY MS MO MI STATES
is the father.”
10
1912-1948: Pre-Kinsey Era
Laws Protecting Women & Children
• The backbone of the to raise the “age of
“Purity” movement was the consent” from 10 years
General Federation of to 16-21 years old.
Women’s Clubs:
homemakers, educators,
medical professionals,
suffragettes, abolitionists.
11
1930s The Public Wants Tough
Laws: “One Strike and You’re Out”
“Institutionalization of the male sexual psychopath
became the reform movement of the thirties.”
1937: J Edgar Hoover called for a “war on the sex
criminal….a sinister threat to American childhood and
womanhood.”
• Age of Consent 16 to 21 years old
• Statutory Rape Death penalty 16 states
• Rape Death penalty 18 states
• Seduction Prison and/or fine
• Adultery Prison or fine
Bensing, R. 1952. A Comparative Study of Sex Statutes. Journal of Criminal Law, Criminology and Police Science, Vol. 42, pp. 57-
12States.
72. Also includes data on Jail and/or fines for Adultery, “Fault Divorce;” Fornication, 73% of States; Seduction, 76% of
And Peggy Sanday, A Woman Scorned: Acquaintance Rape on Trial, NY, NY, pp. 144-145.
1890s Supreme Court Justice Louis E.
Brandies: Law Determines Conduct
• Study law, for “the conduct
of life is to so large an
extent determined by the
existing legal institutions."
Leonard Baker, 1986. Brandeis and Frankfurter: A Dual Biography. Washington Square, NY:
New York University Press, p. 29. Brandies opening remarks to his business law students at the
Massachusetts Institute of Technology
13
Pre Kinsey Era: Violent Crime Reflects Laws
1951-1997 1969-1999
↑ 993% 340%↑ Rape
Violent Crime 1951-1997,
Number of Offenses
450% 418%
2.0
1.9 400%
1.8
1.7 ↑ 350%
1.6
1.5
1.4 300%
Total Offenses (Millions)
1.3
1.2
1.1
250%
1.0
0.9 200%
0.8
0.7
0.6
150%
0.5
0.4 100% 70%
0.3
0.2
0.1
50%
0.0
0%
96 -**
3
5
5 1-5
5 4-5
5 7-5
6 0-6
6 3-6
6 6-6
6 9-7
7 2-7
7 5-7
7 8-8
8 1-8
8 4-8
8 7-8
9 0-9
9 3-9
3-Year Range
Basic data from Statistical Abstracts of the United States ,
and the Department of Commerce, Census Bureau
** - 1997 is latest published data
Murder Forcible 14
Rape
↑ Pre Kinsey Era vs. VD & No Daddy
1955-1994 1955-1998
200% Increase 213% Increase
Sexually Transmitted Diseases, Single Parent Households
Gonorrhea - Age Group 10-14
↑
Female Head, No Spouse Present
13.0
70.0
60.0 11.0
55.0
10.0
50.0
9.0
45.0
40.0 8.0
35.0 7.0
30.0
6.0
25.0
5.0
20.0
15.0 4.0
10.0 3.0
6
9
2
8
1
4
7
0
3
9
2
3
6
9
2
5
8
1
4
7
0
3
6
9
2
5
8
55- 5
57- 5
60- 6
63- 6
66- 6
69- 7
72- 7
75- 7
78- 8
81- 8
84- 8
87- 8
90- 9
93- 9
51-5
54-5
57-5
60-6
63-6
66-6
69-7
72-7
75-7
78-8
81-8
84-8
87-8
90-9
93-9
96-9
3-Year Range 3-Year Range
Basic data from Statistical Abstracts of the United States, Basic data from Statistical Abstracts of the United States ,
and the Department of Commerce, Census Bureau and the Department of Commerce, Census Bureau
15
Pre Kinsey Era: Pregnant & No Daddy
1951-1996 1955-1995
215% Increase 150% Increase
Birth Rates for Unwed Girls Births/Abortions for Unwed Girls
15-19 Years of Age Under 15 Years of Age
50.0
40.0
25
20
C e n s u s Bu r e au
35.0
30.0 15
25.0
10
20.0
5
15.0
0
10.0 55-56 63-65 75-77 84-86 93-95
3
5
96-**
51-5
54-5
57-5
60-6
63-6
66-6
69-7
72-7
75-7
78-8
81-8
84-8
87-8
90-9
93-9
3-Year Range
Basic data from Statistical Abstracts of the United States,
and the Departm ent of Com m erce, Census Bureau Live Births Plus Abortions Live Births
** - 1996 is latest published data 16
1976-1999 Child Population Grows 5.1%
Child Sex Abuse Confirmed & Reported
180
15,866%
160
Percent ↑ 324,400
140
120
100
80
60 5,171%
40 187,100
20
2,032
0
1976 Confirmed 1999 Confirmed 1999 Reports
and Neglect: A National Perspective, The American Humane Association, Children’s Division, Denver, Colorado, 1984, p. 22. Sex statistics, 17
nd 1999 data March 15, 2001, the National Center on Child Abuse Prevention Research, p. 18
2000: Most Sex Crime Victims Are Children
Most Forced Sodomy Victims Are Boys Under 12 Years
40%
37%
67%
70%
64% 64%
35% Forced
60%
Child Sodomy
30% Victims
50% Boys
(rounded)
25%
40% 36%
19%
20%
30%
15%
10% 20%
10%
5% 10%
0% 0%
Under 5 5 to 11 12 to 17 Over 12 Under 12
18
The US DoJ, National Incident-Based Reporting System, (NIBRS) “Sexual Assault of Young Children
as Reported to Law Enforcement: Victim, Incident, and Offender Characteristics,” July 2000. p. 1.
1948 How To Change “Our...Legal
Institutions?” Books, Press, Law
Journals Call for Sex Law Reform
1. Sex Habits of American Men, A Kinsey Symposium, Deutsch , Ed.
2. American Sexual Behavior and the Kinsey Report; Ernst, Ed.
3. The Ethics of Sexual Acts; Rene Guyon
4. About the Kinsey Reports. Geddes & Curie, Ed.
19
1948 Changing Laws & Popularizing
New “Conduct” in the National Culture
1948 Hefner Read 1948 Hay Read Kinsey
Kinsey End Sex Laws End Sex Laws
Child Pornography, Sex Ed “Gay” Youth Outreach, Sex Ed
Images of Children, Crime & Violence, In Playboy, Penthouse & Hustler , (1954-1984), Grant # 84-JN-AX-KOO7 20
1948 Morris Ernst, ACLU Founder
Kinsey “Ended an Era”
• “[N]o bar association, • “[It is] the single
law school journal, or greatest
lawyers’ committee contribution of
can consider science to the
laws…on sexual ...law in my
matters without lifetime [more
reference to the than] the
Kinsey study. Brandies Brief.”
Kinsey’s first volume
ended an era…” – Morris Ernst, The Kinsey Report and the Law, p. 245
21
1948 New York Judge Morris
Ploscowe Says Based on Kinsey:
• “Penalties should • “When a total
be lightened [for] a clean-up of sex
downward revision offenders is
of the penalties demanded it is in
presently imposed effect a proposal
on sex offenders” to put 95% of the
with age of consent male population
at age “fourteen.” in jail.”
Morris Ploscowe, “Sexual Patterns and the
Law” In Sex Habits of American Men,
supra., pp. 125-126.
22
1949 Kinsey Sex Laws Invalid
Only “Preserve Custom”
• “Not more than 5 percent of
[sex offenders] are involved
in behavior which damages
other individuals.”
Keynoting a Columbia University forum on crime prevention, New York Times, May 8,
1949, page 59, column 3. & Calif testimony.
23
1950 “The principal impact of the
Kinsey Report will be on...the law”
• “[aiding] police officers, • “Even when not
prosecutors, judges, offered into evidence,
probation officers and it will condition
superintendents of penal official action.”
institutions [in] judging • “Psychiatrists,
individual cases.” psychologists,
• “Officials will read it. penologists, juvenile
Defense counsel will cite and probation officers
it.” all participate in
modern penal
[Dean] Frank Horack, Jr., Illinois Law Review, procedures.”
Vol. 44, 1950, p.156, 158.
24
“They will use the data and their
professional advice will be
heeded by the judge.”
• “Herethe Report will control
many decisions and dictate the
disposition and treatment of
many offenders.”
26
1953 “Report of the Illinois
Commission on Sex Offenders”
• “[T]he Kinsey findings… permeate
all present thinking on this subject.”
– Sixth Annual Message to Congress. Messages and Papers of the Presidents 20 vols.
(New York: Bureau of National Literature, Inc., The Joint Committee on Printing, of the
House and Senate, 1893, 1923), Vol. XIV, pp. 7030-7032, 7046, 7048, (March 1996),
p. 31. December 3, 1906.
33
1939 Judge Ploscowe Notes Rapists,
Pedophiles, Plea Bargain Down
• “[T]wo-thirds” charged with
sex crimes “were permitted to
plead guilty to misdemeanors.”
• The statistical trick reduces
pedophile and rapist recidivism
rates by two-thirds.
Cited by the Citizens Committee on the Control of Crime, Problems of Sex Offenses in New York City, 9, 1939) as
reported in Frederick Ludwig, Control of the Sex Criminal, St. John’s Law Review, 12/50, p. 203.
34
1955 The Rapist & Pedophile Not
Repetitive Myth Spreads
Kinsey Keynote to American Correction Association; The New York Times, 9/28/55, MPC, 1955, p.294. 35
1958 The Recidivism Myth Effects
The FBI UCR & DoJ
“minimize the publicity given to sex crimes.” (Ill, ‘53)
36
Myths Permeate State Legislation
1971 MO. 1976 MO.
• “A “minor” is anyone 9 Law reflects Report:
under the age of 21 children sexual at birth.
years [prohibiting] rape,
sodomy, touching, 9 Age of consent (14)
indecent exposure, and implies child wants sex.
even mere mention of Rapists under 17 called
sexual intercourse.” peer sex play.
38
Missouri Law Review, Symposium, Richardson, 1973, supra., p. 381-382.
1973 One Might Have Sex With a
“Social Companion...12 Years of Age”
• “The label ‘rapist’ • “The [Missouri] Code
is a damaging one reserves that term for
and should not the most heinous
ordinarily be used sexual offender…
in the statutory • For, one may have
non-consent sex with a “fully
cases.” consenting…social
companion...of 12
years of age.”
• Version's Annotated Missouri Statutes,
2000, 544.040, Comment to 1973
Proposed Code. 1973 Missouri
Symposium, p. 382.
39
1975 Maine Shuns “Rapist Label”
“Rough Sex Defense” Frees Killers
• “Only threats of • “’Serious bodily injury’”
serious bodily refers to such injury as
injury, creates a substantial risk
kidnapping, or of death or which causes
death will suffice permanent disfigurement
to make out the or extended impairment
crime of rape.” of any part of the body.”
(Maine Law Review, 1976) (Maine Revised Statutes, 17-A, section 2(23) 1975)
40
Soon States Demote Rape to a
Misdemeanor
Missouri demotes “Rape” from felony-death to
misdemeanor in 3 degrees.
Minnesota demotes “Rape” from felony-death
to “criminal sexual conduct” in 5 degrees.
Kentucky demotes “Rape” from felony-death to
misdemeanor, “sexual misconduct...though
some degree of forcible compulsion or
incapacity to consent may be present.”
Wenews, Mark Fazlollah, correspondent, 1/16/01
41
Results of Recidivism Myths For
Massachusetts Sex Offenders
1999 Massachusetts Child Abuse Police Data
No Jail Served, The Felons “Walked”:
43
Can Restoring The
Common Law Reduce
Crime and Restore
Our Freedom?
44
1890s Justice 1998 Justice
Louis Brandies Stephen Breyer
U.S. Supreme Court U.S. Supreme Court
Study law. Why? “[L]aw cases can
“[T]he conduct turn almost
of life is to entirely on an
so large an understanding of
extent the underlying…
determined by scientific subject
the existing legal matter.”
institutions.” Science Magazine, April 24, 1998.,
45
Freedom is Subverted When The
American Jury System is Subverted
Before ALI Model Code After ALI Model Code
• All Evidence Studied by • Prosecutors, “Experts”
Jury of Peers Exert Prior Control
• Judicial Discretion • Pre-set Low Penalties
• Felons, Rapists • Actors, Patients
• Victims • “Consent”
• Predator Penalties • Predator Protections
• Low • High
Crime/VD/illegitimacy Crime/VD/illegitimacy
46
The Current and Future Effect of
The Fraudulent Kinsey Reports
The Kinsey data were and are cited:
• In courtrooms, schoolrooms, legislatures, books...
• In Westlaw, America’s most prestigious law journal
data base; over 1000 separate journal articles
1982-2000 appear, (pre Westlaw, promotion of the
bogus Kinsey data appeared regularly).
• In Ivy League academic journals
– 4 x more than Piaget, 2 x Freud, 1.5 x more than
Masters & Johnson, etc.
– Source: Social Science Citation Index, Science Citation Index, Westlaw.
47
Are We Better Off Post the 1955
Kinsey Era Model Penal Code?
• 150% more unwed pregnant teens
• 215% more unwed births
• 200% more STD’s
• 213% more single parents
• 993% more violent crime
• 5,171% more confirmed Child Sex Abuse
• 15,866% more reported Child Sex Abuse
48
Can’t Legislate Morality?
• 64% of forcible sodomy victims are
boys under 12 years old
• 67% of sex abuse victims are children
– 5.5 confirmed CSA daily reports in 1976
– 294 confirmed CSA daily reports in 1999
– 889 CSA daily reports in 1999
• Neither 5.1% population growth nor
mandatory reporting explain the
staggering increases of child sexual
abuse.
49
Law Once Worked Americans
Were Known
53