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.

The Theological Species of the Sin of Lewdness.—(a) Per se, or from its nature, this sin is mortal, even though the external act (kiss, etc.) be decent (see 2512) and of the briefest duration; for lewdness is consent to unlawful venereal pleasure, which from the nature of the case is a serious matter, tending either to illicit copulation or to pollution (see 2496). Hence, even a shake of the hand made with lustful intent is a mortal sin. If the guilt of adultery is found even in libidinous thoughts (Deut., v. 21) and glances (Matt., v. 28), much more is it found in lewd kisses, embraces, and conversations. Scripture strongly condemns every form of lewdness: impure speech (“Uncleanness let it not so much as be named among you, or obscenity, or foolish talking,” Eph., v. 3, 4), impure reading (“Evil communications corrupt good morals,” I Cor., xv. 33), impure looks (“Whosoever shall look on a woman to lust after her hath already committed adultery with her in his heart,” Matt., v, 28), impure kisses and other touches (“It is good for a man not to touch a woman, but for fear of fornication let every man have his own wife,” I Cor., vii. 1).

(b) Per accidens, this sin may be venial as follows: first, on account of the imperfection of deliberation, as when a person under the influence of liquor, drugs or sleep acts with only a partial realization of what he is doing, especially if the lewd offense has not occurred before; secondly, on account of the lightness of the matter, when the lewd act is indirectly voluntary and the danger remote (see 2496), as when slight danger is risked in gratifying the sensual desire to gaze at a famous painting, or in yielding to an impulse of curiosity, levity, or playfulness, to indulge in suitable recreations or even unnecessary conversations in which occur glances or touches that arouse some small degree of sexual emotion. Were mortal guilt of impurity incurred in these instances, very few could remain free from it unless there was a general retirement into isolation. But even in the per accidens cases there may be other mortal sins (e.g., that of drunkenness or of scandal).

Circumstances That Increase or Lessen the Danger of Sin.—(a) The Person Acting.—There is less danger before and after than during puberty, less for an invalid than for a person full of health, less for an inhabitant of a cold region than for a dweller in the tropics, less for one habituated to suppress venereal passion (e.g., a bachelor) than for one who has been accustomed to indulge it (e.g., a widower), less in some cases for the married who can lawfully enjoy sexual intercourse than for the single who cannot. Familiarity also can give a certain amount of immunity (e.g., where naked bathing or naked statuary in public places is according to custom, the natives are less disturbed by these things than outsiders). Those who know (without self-deception) from their experience that certain things excite them very little do not run grave danger in encountering such things.

(b) The Person or Being Who Is the Object of the Act.—There is less allurement in an animal than in a human, less in a small than in a large animal, less in a representation than in the original, less in young children than in adults, less in one’s own person or sex than in another person or the opposite sex, less in an elderly or homely person than in one who is young and attractive.

(c) The Sense Used.—Hearing (and, for a similar reason, reading) is less dangerous than sight, for hearing is nearer to the immanent activities of thought and desire, while sight has more of an emanant character (e.g., to hear or read about an obscene act is farther removed from it, and hence less seductive, than to see it in picture or reality). Sight in turn is less dangerous than touch, for sight is a more elevated and less material kind of perception, being exercised by a cognitional, not by a physical contact with its object, as is the case with touch (e.g., to behold others embrace is not so moving as to give or receive an embrace). Thus, impure touches (kisses, embraces, handling) are the most dangerous form of lewdness.

(d) The Sense-Object Acted Upon.—The degree of danger corresponds with the approach made to the act of generation (e.g., smutty stories are worse when they deal with consummated than with non-consummated acts) or to the genitals (e.g., impure touches are worse when directed to the organs of reproduction than to the non-shameful regions).

(e) The Manner.—There is greater danger when the act is prolonged than when it is momentary, when it is ardent than when it is calm (e.g., a passing glance or peep at an obscene picture is not as dangerous as a leisurely inspection, a loose linking of arms not as dangerous as a hug). The more exposed the object of attraction and the more secluded the parties themselves, the greater the danger (e.g., love-making between parties who are not fully clothed or who are alone in the dark or in a closed and curtained room is more dangerous than love-making between those who are properly dressed and seated among a crowd of people).

Cases Wherein the Danger of Sin Is Grave or Slight.—A physician must know the difference between mortal and non-mortal diseases, and likewise a priest must know the distinction between various kinds of spiritual leprosies. But when certain cases are listed as less dangerous, this does not mean that they are not dangerous at all and that no account should be taken of them. Especially in the matter of impurity should the warning of Scripture be remembered: “He that contemneth small things shall fall by little and little” (Ecclus., xix. 1). With this in mind, we now subjoin some examples of grave and slight danger for cases in which a lewd act is indirectly voluntary, but is prompted only by curiosity, joke, levity or other such insufficient reason.

(a) Speech.—Dirty or suggestive stories, conversations, songs, music, or radio entertainments are a grave danger when the persons present are very impressionable (e.g., on account of age or character), or if the topic is utterly vile (e.g., descriptions of filthy or unnatural sex acts), or if the manner is very seductive (e.g., the terms used are unfit for polite society, or the story is very detailed, or sin is boasted about, or the conversation is prolonged). On the other hand, the danger is light when the persons present are of mature age and not strongly inclined to impurity, especially if the topic and the language are not very disgusting; but there may be serious sin on account of circumstances, as when the speaker or approving listener is a person from whom good example is expected. Obscene talk is generally not a serious sin when the persons are husband and wife, or a group of married men or of married women; on the contrary, it is generally a serious matter when the persons are a group of young people of the same sex, more serious when they are a mixed group, and still more serious when they are a boy and a girl or a young man and a young woman. The fact that those of the younger generation often do not admit this, does not change its abiding truth.

(b) Reading.—The remarks made on speech apply also to reading, which is a kind of silent speech. A noteworthy difference between the two in the present matter, however, is that reading is often more dangerous than conversation, since it is usually more protracted. Love letters and romances were once the chief temptation in this line, but today they seem mild in comparison with the supply of pornography that is easily accessible to all (e.,g., the magazines and papers that pander to depraved tastes, the stories and pseudo-scientific books that corrupt the youth of every land). Even without grave danger to self, one may still be guilty of grave sin in reading obscene books on account of the cooperation with the vendors of immorality, or the scandal, or the disobedience thereby shown to the Church (see 1455 sqq., 1529, 1530).

(c) Looks.—There is generally no danger in a look at the full nudity of a small infant, or at the less becoming parts of a person of the same sex; there is generally only slight danger when the object is the privates of self or of another of the same sex, or the coition of animals, unless the gaze be fixed, prolonged and the object near; there is grave danger in beholding a completely non-infant naked person of the opposite sex, or the coition or other grave external sex acts of human beings (unless the glance be brief or not attentive), or even at times the less becoming parts of the opposite sex, if the look is very intent and continuous. Representations of the bodily parts or acts just mentioned (pictures, drawings, diagrams, etc.) have generally the same dangers as the originals, though the allurement in itself is less vivid; circumstances may even make the representations equally or more dangerous (e.g., on account of a thin veil of concealment in paintings or sculpture that only increases the attraction; or on account of the suggestive music, the voluptuous dance, the crowd atmosphere that accompanies an immoral scene on the stage or screen). The saying of Oscar Wilde that esthetics are above ethics is opposed both to morality (since all conduct should be guided by reason) and to art (for the highest beauty is that of virtue and the spirit and purity).

(d) Touches.—Kisses are seriously dangerous to purity when warmly or lingeringly exchanged between adults of different sex who are attracted to one another as male and female; in other cases, kisses, if impressed on decent parts of the body and in a decent manner, may be only slightly dangerous. Holding or grasping between such adults is also a serious danger when it is vehement (e.g., the tight squeeze or hug of certain dances) or long (e.g., the repeated or hour-long fondling of love-makers); it is of slight or no danger in other cases, as in the customary handclasp of greeting, Handling or feeling, if passing, hurried or light, is generally not dangerous, when it has to do with the becoming parts of another person, or with the less becoming parts of a person of the same sex, or with personal private parts; it is only slightly dangerous, under the same conditions, in reference to the verenda of animals or small infants; it is gravely dangerous when directed to the privates of another person who has passed infancy, or to the less becoming parts of a person of opposite sex, or to the breasts of a woman, unless it be entirely casual, passing, or light. Tactile contact made under the clothing is of course more dangerous than that which is external.

The Moral Species of Lewdness.—(a) Theoretically, it is more probable that the imperfect sins of impurity do not differ from the perfect sins to which they tend; for the natural circumstances or antecedents of an act have really the same morality as the act itself (see 2486). In the physical order, the fetus, the infant, and the child do not differ essentially from the full-grown man; and likewise, in the moral order, the thought, the purpose and the external beginning do not differ essentially from completed murder, even though for some reason the act be not finished. Hence, immodest words, reading, looks and touches belong to fornication, or adultery, or incest, or sodomy, according to their tendency (e.g., to read an immodest love story with another man’s wife and to kiss her is incipient adultery, and, if the guilty person has a vow of chastity, it is also sacrilege). But the species is taken only from the object, not from the purely accidental circumstances, such as the elicitive faculty (e.g., an immodest look at another does not differ essentially from an immodest touch) or the intensity (e.g., incomplete pleasure in touches by one who has not attained puberty does not differ essentially, according to some, from the completed pleasure of which he is capable). Moreover, it seems that, in regard to looks if not as regards touch, abstraction (see 2506) is easily made by the guilty person from various circumstances; for example, one who looks immodestly on a person consecrated to God, may be thinking only of his unlawful love for a person of the other sex, and so may be guilty of incipient fornication, but not of sacrilege, or he may be thinking, without any affection for the other person, only of his own pleasure, and so may perhaps be guilty only of incipient pollution. A less probable opinion makes lewdness a species of sin distinct from pollution and the other consummated sins.

(b) Practically, penitents should confess that their sin was indecent and not completed lust (such as pollution), and they should also confess whether the lewdness was committed by speech, reading, looks, kisses, embraces, or touches; and also the object of the sin, whether male or female, whether married or single, relative or non-relative, etc. Otherwise, since few penitents know how to distinguish the moral species of sins, there will be great danger of incomplete confessions; and, moreover, the additional sins usually committed in cases of lewdness (e.g., scandals, injustices, and bad company keeping) will not be disclosed. If a consummated sin of fornication, pollution, etc., followed the indecency, this consummated sin should be confessed distinctly. Similarly, those who expose, incite or tempt others to impure thoughts or to lewdness in word, reading, looks, kisses or touches, should confess the kind of sin they intended (see 1497), even though their purpose failed, whether it was incipient fornication, sacrilege, sodomy, etc. But some authors admit a generic confession (in which the penitent merely states that he sinned mortally or venially, as the case was, by indecency), if the lewdness was solitary, or was committed with another but certainly without scandal or lustful desire of the other person.