Lewdness

Lewdness.—After the internal sins follow the external sins of lewdness or indecency (impudicitia). These may be defined as “external acts which are performed from or with deliberate venereal pleasure that is not consummated, and which are not directed to the conjugal act.”

(a) They are external acts of the body, such as the looks of the eye, the speech of the tongue, kisses of the lips, touches, fondling, embraces, pressure of the hand, etc. Those also are guilty of lewdness who permit themselves to be petted, kissed or otherwise impurely handled, unless it is morally impossible to resist, as when a woman who gives no internal consent cannot defend herself against a forced kiss without being killed, or cannot without great scandal refuse to shake hands with one whose motive is impure love. Lewdness (e.g., an impure look) may also be directed to one’s own person, or to an animal, or to an artificial object, such as a statue or book.

(b) They are performed from or with pleasure; that is, passion either causes or accompanies the impure look or other act. These non-consummated acts are indifferent in themselves and may be licitly performed for a just cause; they become sinful by reason of the evil passion that animates them. The carnal motive appears either from the end of the act (e.g., an indecent kiss naturally tends to impurity or grave danger thereof, no matter what good purpose the kisser may have), or from the end of the one acting (e.g., a decent kiss becomes an impure act if the one who kisses is moved by carnal desire). Hence, there is no sin of lewdness when one of the acts now considered is performed becomingly as to externals and innocently as to the internal motive and quality (e.g., from a sense of duty, not from pleasure).

(c) The pleasure intended or consented to is venereal; that is, such as is consummated in copulation or pollution. Hence, there is no sin of lewdness when the acts in question are performed becomingly and with and for pleasure of a spiritual kind (as when members of a family give one another the customary kiss or embrace of affection), or of a merely sensual kind (e.g., when a nurse kisses the tender skin of an infant). On the distinction of intellectual, sensual and venereal pleasures see above (2461).

(d) The external act is not consummated by copulation or pollution. These are often its result but they are a different degree of sin, and lewdness is committed even without them (see 2486).

(e) Lewdness is an action not directed to the conjugal act. Coition itself is lawful in the married state, and this legitimatizes all the preparatory or accessory endearments. Hence, the rule as to married persons is that venereal kisses and other such acts are lawful when given with a view to the exercise of the lawful marriage act and kept within the bounds of decency and moderation; that they are sinful, gravely or lightly according to the case, when unbecoming or immoderate; that they are venially sinful, on account of the inordinate use of a thing lawful in itself (85 a), when only pleasure is intended; that they are mortally sinful, when they tend to pollution, whether solitary or not solitary, for then they are acts of lewdness. The rights and duties during courtship and engagement will be treated below in Question III.

Cases Wherein No Sin Is Committed.—Since lewdness proceeds from or is accompanied by culpable venereal pleasure, it does not exist in the following cases:

(a) in children who have not attained puberty and the capacity for sex pleasure, and hence there is no sin by reason of proximate danger in looks or touches exercised by them, which would be gravely sinful in those who have reached the age of puberty. These children may, however, sin against modesty or obedience, at least venially. They should be trained from their earliest years to reserve and decency, and it is a most serious sin to scandalize their innocence. The question of sex instruction for the young will be dealt with in the Question on the Duties of Particular States. If an adult person were as unmoved as a child by the stimulus of passion, such a one would incur no personal guilt of lewdness by kissing and the like acts, but such an adult person is very rare;

(b) in adult persons when a dangerous act is exercised by them, without consent or proximate danger, and with a sufficient reason for the exercise. Thus, a student of literature may read an erotic story from the classics, if he is proof against the danger and intends only improvement in style, though for the young such books should be expurgated; a professor of medicine or moral theology may discourse prudently to his students on venereal diseases or sins; an artist may use naked models in painting, if and as far as this is necessary; farm hands may attend to the service of female by male animals; looks and touches that would otherwise be immodest are lawful for proportionate reasons of utility, as in bathing oneself, in performing the services of nurse or physician for others, etc. (see 2497 sqq.).

Conditions Governing Propriety of External Acts.—The becomingness of the external acts spoken of in 2510 b includes two conditions.

(a) On the side of its object, the act must not be directed unnecessarily to the parts of the body that are shameful and private (i.e., the genitals and immediately adjacent parts). It is customary to distinguish the remaining or non-shameful parts of the body into becoming, which are uncovered (e.g., face, hands, feet), and less becoming, which are covered (e.g., legs, breast, back). But as to less decent parts much depends on local usage. For example, at a bathing beach it is not unbecoming to appear in a mixed crowd with uncovered legs or arms, and in very warm countries it is not improper to go about in public with less clothing than is worn in colder climates.

(b) On the side of its subject, the act must be performed with moderation and respect for reasonable custom. Thus, columbine (popularly called “French”) kissing and the ardent or prolonged embraces known as “necking” or “petting” are admittedly indecent, even when not accompanied by sexual excitement. Oral abuse committed by or with either sex is indecent both as to the object, i.e., the part of the body involved, and as to the subject, i.e., the mode of action. It is the filthiest form of lewdness and is usually joined with pollution (irrumation).

Morality of Kissing and Similar Acts.—(a) Per se, or from their nature, these acts are indifferent, since they can be employed, not only for evil (Job, xxxi. 27; Luke, xxii. 48), but also for good, as we see from the examples of the kiss of peace (I Thess., v. 26), the kiss of fraternal greeting (Gen., xxvii. 26, 27), and the kiss of respectful homage (Luke, vii. 38, 45).

(b) Per accidens, or from their circumstances, these acts are often venially or mortally sinful against purity or against some other virtue, or against both. Thus, justice is offended by injuries or violence (e.g., stolen kisses, unhygienic kisses that transmit venereal or other disease); charity is offended by scandal given the object of affection or the onlookers (e.g., kisses given by way of greeting to a member of the opposite sex by an ecclesiastic or religious, kisses forced upon children by grown-ups and which are harmful to the youthful sense of modest reserve); purity itself is offended by familiarities which, though not impure in themselves, constitute a peril for the virtue of one or both parties, as is true especially in demonstrations of sensual affection or pleasure. But even though there be some carnal commotion, it is not unlawful to give with a pure intention the decent salutation customary in one’s country (e.g., to shake hands with a lady, to kiss one’s stepmother or sister-in-law).

Morality of Sensual Gratification.—Sensual gratification, or the pleasure experienced from the perfection in the sensible order of some object, is indifferent and lawful in itself (see 2461, 2492). When it is aroused by objects not venereally exciting (e.g., the beauty of the heavens or scenery, the harmony of music, the tender softness of the rose), it does not tempt to impurity; but when it is aroused by objects that are venereally exciting (e.g., the beautiful face or eyes or sweet voice or soft skin of a person much admired), it approaches so closely to the confines of venereal gratification as to seem almost the same thing. Hence arises the question; is deliberate sensual gratification about objects sexually exciting always a mortal sin?

(a) Many theologians answer in the affirmative, and give as their reason that in the state of fallen nature there is no one who can be assured that such gratification is not for him or her a proximate occasion of pollution, or of what is morally the same thing, of inchoate pollution. This opinion does not include gratifications not deliberately sought or yielded to, nor those in which experience has shown that the venereal attraction of the object, at least for the subject concerned, is nil or practically nil (e.g., sensual kisses of an infant by a nurse.)

(b) Other theologians dissent from the rigorous view, and argue that, since sensual and venereal attraction are really distinct, there is always the possibility of intending the former and excluding consent to the latter.

(c) To the present authors it seems that there is room for a middle way between these two extreme views. As was said above (2497), it is sometimes sinful and sometimes not sinful to encounter temptation, according to the intention and reason one has, and a temptation willed unjustifiably but only indirectly is a grave or a light sin according to the great or small danger that is risked. Now, it seems that certain forms of sensual gratification (e.g., those derived from beautiful but modest music or paintings) have only a very slight sexual allurement for even the passionate; whereas other forms (e.g., those derived from the warm kiss or caress of a handsome adult person of the opposite sex) are vehemently alluring. Hence, if sensual pleasure of the first kind is sought inordinately, or if it is dangerous to purity, there is a venial sin; if sensual pleasure of the second kind is sought, there is very likely mortal sin.