§ II. On Sodomy

433. • The horrendous crime of sodomy is intercourse with a person of the same sex or of a different sex, but in an undue vessel.

Hence a twofold sodomy is distinguished: 1. perfect, which is intercourse with a person of the same sex; 2. imperfect, which is intercourse with a person of a different sex outside the natural vessel, or with affection toward an unnatural vessel.

Sodomy is a crime much graver than simple pollution. This is clear from the horror which it excites among all, and also from the unheard-of punishments inflicted by God on Sodom and the other cities polluted by this sin.

434. Resolves. - 1. Perfect sodomy differs in species from imperfect sodomy, because through the former a man is borne inordinately into both sex and undue vessel ¹, while on the contrary through the latter he is borne inordinately only into an undue vessel.

¹ Most commonly Theologians (see St. Alph., lib. 3, n. 466), and also Canonists (see Reiffenstuel, lib. 5, tit. 16, n. 88; Schmalzgrueber, same title, n. 112; and Pirhing, same title, n. 69), constitute the perfect nature of this crime in the disorder of undue sex alone, contrary to what certain interpreters of civil law seem to affirm (see St. Alph., l. c.), while they place it especially in the disorder of the undue vessel; nevertheless these in this matter seem rather to have had regard to the penalties which they judged should be inflicted in the same civil forum also on this latter disorder. Therefore the Author could seem to have departed from each opinion, while he requires each disorder for it. But the matter is not so; for in reality he added the latter disorder not as if the essence of this crime resides in it, but because it pertains to the nature of the act or consummated intercourse; from which it has also happened that among persons of the inferior sex (as some noted in St. Alph., l. c.) only improper sodomy is given, because that consummation has no place in these.

Moreover, these things had to be noted on account of the reservation of cases. For when sodomy is reserved absolutely and simply, according to general principles the perfect crime and one consummated in its own genus must be understood. Therefore it is necessary to have designated what act is required for perfect and consummated sodomy.

2. Coitus of a man in the undue vessel of a woman is imperfect sodomy, yet distinct in species from perfect sodomy.

3. Nevertheless it would not be called sodomy if there were only an application of the hand or foot to the genital parts of another, because there would be no intercourse.

4. More probably per se it need not be declared who was the agent or the patient, because the species of the sin is the same. - Billuart, with others. - Yet the circumstance of pollution, if it was present, which happens more easily in the agent, must altogether be opened. - St. Lig., n. 468.