Trials for sodomy and bestiality are common at the assizes, but, as they are rarely reported, they fail to attract attention. Sodomy is a crime both in the active and passive agent, unless the latter is a non-consenting party. The evidence of either associated may be received as against his colleague. If the crime is committed on a boy under fourteen, it is a felony in the active agent only. As in cases of rape, emission is not essential, and penetration, however slight, answers all practical purposes.

There can be no doubt that in the majority of these cases there exists a congenitally abnormal condition of the sexual instinct, these individuals from their childhood manifesting a perverted sexual instinct. The man is physically a man, but psychically a woman, and vice versÂ. The tendency nowadays is not to charge these people with the more serious offence, but to deal with them under Section 11 of the Criminal Law Amendment Act, 1885 (48 and 49 Vict., c. 69). This section, which is sufficiently comprehensive, runs as follows: 'Any male person who in public or private commits or is a party to the commission, or attempts to procure the commission by any male person, of any act of gross indecency with another male person, shall be guilty of a misdemeanour.' The penalty is imprisonment for two years, with or without hard labour. It is provided by Section 4 of the same Act that a boy under sixteen may be whipped.

Incest.—This crime is dealt with under the Punishment of Incest Act, 1908 (8 Edward VII., c. 45). Carnal knowledge with mother, sister, daughter, or grand-daughter, is a misdemeanour, provided the relationship is known. It also applies to the half-brother and half-sister. It is equally an offence whether the relationship can or cannot be traced through lawful wedlock. Consent is no defence. A woman may be charged under the Act if she, being above the age of sixteen, with consent permits her grandfather, father, brother, or son, to have carnal knowledge of her.