§ 3. On Sodomy

802. Definition. Sodomy is concubitus with an undue sex, or in an undue vessel (III, 466). It is said: concubitus, i.e. conjunction of bodies: for in this is found the constitutive reason of this sin; penetration of the vessel does not necessarily pertain to it, except in imperfect sodomy.

Sodomy is a vice of particular friendships, and is called pederasty or lesbian love, according as males pursue males, or females pursue females, with undue love mutually. Today in many regions physicians move every stone so that sodomites (Uranists, tribades, the third sex) may not be punished so severely by civil law.

Division. A twofold sodomy, and indeed diverse in species, is distinguished: namely perfect and imperfect. Perfect is concubitus toward a non-due sex, as of a male toward a male, or of a female toward a female. Thus more probably with St. Thomas (2.2, q. 154, a. 11). Imperfect is concubitus with a person of diverse sex, but in an unnatural vessel. Each, by reason of the effect, is either consummated, if it happens with effusion of semen inside the undue vessel, or non-consummated, if semination is lacking, or if semen is poured out outside the vessel.

The whole specific malice of perfect sodomy consists in affection toward an undue sex; and therefore among persons of the same sex "perfect sodomy is present in whatever part of the body congress happens, because ordinarily affection toward the undue sex is then always present" (H. Ap., IX, 24). But the malice of imperfect sodomy consists in affection toward an undue vessel. Wherefore, if the sex is diverse, copulation in a posterior vessel is required to contract the malice of this sodomy.

Principles. I. Sodomy is a crime much graver than simple pollution. This is established from the horror that it excites among all, and also from the unheard-of punishments that God inflicted on Sodom (cf. Gen., 19; and Rom., 1, 26, 27).

803. II. Sodomites, whether they are agents or patients, are punished by each law. 1. If they are laymen, they deserve by civil (Roman) law the penalty of death and burning of the corpse. These are no longer in force today, but other penalties are imposed. 2. If they are clerics or religious, they incur by canon law (but after sentence) deprivation of offices, benefices, and every clerical privilege; and they must be handed over to the secular arm, when namely sodomy is perfect, consummated (in the posterior vessel), and repeated. Const. Horrendum of St. Pius V (cf. III, 470; de Privil., n. 19).

Bishops also are accustomed to reserve this case to themselves, if the sodomy is perfect and consummated, i.e. if it is carried out with a person of the same sex, and penetration of the posterior vessel and semination are present.

804. From the things said, you will resolve: 1. It is not sodomy if there are only mutual touches, even with pollution, but without concubitus, or conjunction of bodies. Nor is it sodomy if a man pollutes himself between the legs, arms, or breasts of a woman; but it is fornication in effect, pollution in effect; but if in her mouth, some say it is a special sin against nature, which they name irrumation; others, as above, call it fornication in affection, pollution in effect. But if pollution of a man happens in the mouth of a male, it will be perfect sodomy (III, 466; VI, 935; H. Ap., IX, 25).

2. In confession, of itself, the following must be declared: a) The sex of the accomplice, namely to distinguish perfect sodomy from imperfect. - b) The sodomitical congress itself, i.e. shameful concubitus; but not in what part of the body it was present, if the sex was the same; but copulation in the posterior vessel, if the sex was diverse. c) The quality of the person, whether married, a relative, etc. d) Whether pollution was present or not; which indeed is presumed in the agent, often arises in the patient; but the circumstance whether someone was agent or patient does not change the species of itself. Pollution, if it happened, is to be confessed in species as a sin distinct from sodomy. e) Whether force was applied (III, 468 ff.; H. Ap., IX, 24).

3. But the confessor, when he has understood that a woman was known by a man outside the natural or posterior vessel, should not inquire further in what place, or how (III, 466). Similarly, if a man says: I lay with a man; or a woman: I lay with a woman; he should not inquire whether upon bare flesh, or upon clothing, etc.; for once the lustful congress and quality of the person have been declared, nothing further is to be investigated; and sodomy is supposed to have been done in that mode in which, by reason of the sex, the thing

could have happened. - But if the case were reserved, the confessor would have to investigate whether it was perfect consummated sodomy (which can be had only between males); but, in practice, let him proceed most cautiously, lest he place indecent questions.