|
The crime against nature or unnatural act has been a legal term in English-speaking states for forms of sexual behavior not considered natural and seen as punishable offenses.〔William Blackstone (1753), Commentaries on the Laws of England, Book 4, Chapter 15, Section 4〕 Sexual practices that have historically been considered to be "crimes against nature" include anal sex〔See Rose v. Locke, 1975, 96 S.Ct. 243, 423 U.S. 48, 46 L.Ed.2d 185.〕 and bestiality.〔Andrews v. Vanduzer, N.Y.Sup. 1814 (January Term, 1814)(Vanduzer accused Andrews of having had connection with a cow and then a mare and the court understood this to mean that Vanduzer was going around telling others that Andrews had been guilty of the crime against nature with a beast.〕 ==History and terminology== For much of modern history, a "crime against nature" was understood by courts to be synonymous to "buggery", and to include anal sex (copulation ''per anum'') and bestiality.〔See Rose v. Locke, 1975, 96 S.Ct. 243, 423 U.S. 48, 46 L.Ed.2d 185.〕〔Andrews v. Vanduzer, N.Y.Sup. 1814 (January Term, 1814)(Vanduzer accused Andrews of having had connection with a cow and then a mare and the court understood this to mean that Vanduzer was going around telling others that Andrews had been guilty of the crime against nature with a beast.〕 Early court decisions agreed that fellatio (copulation ''per os'') was not included, though mainly because that practice was virtually unknown when the common-law definition was established (it remained so rare that first attempted fellatio prosecutions under the "crime against nature" statute date to 1817 in England and 1893 in the United States.〔Rex v. Samuel Jacobs (1817); Prindle v. State of Texas, 21 S.W. 360 (1893)〕) Likewise, sexual activities between two women were not covered. Over time, particularly starting in the early 20th century, some jurisdictions started enacting statutes or developing precedents the extended the scope of the crime to include fellatio and, sometimes, other sexual activities. The term ''crime against nature'' is closely related to, and was often used interchangeably with, the term ''sodomy''. (This varied from jurisdiction to jurisdiction. Sometimes the two terms were understood to be synonymous; sometimes sodomy was limited to sexual activities between two humans; and sometimes sodomy was taken to include anal sex or bestiality, whereas ''crime against nature'' also included fellatio.) Until the early 19th century, courts were divided on whether the act needed to be completed (to result in ejaculation) in order to be a punishable offense. This question was deemed sufficiently important that, in 1828, English law was explicitly amended to specify that proof of ejaculation was not necessary for convictions for buggery and rape. The crime was not limited to same-sex activities, and, in case of an act between two adults, both participants were guilty, regardless of consent. Attempted or completed act of sodomy, committed by a husband against his wife, was grounds for divorce in common law.〔 Historically, the offense was usually referred to by its longer name, the ''detestable and abominable'' (or ''abominable and detestable'', or, sometimes, ''infamous'') ''crime against nature, committed with mankind or beast''. This phrase originates in Buggery Act 1533, with words "crime against nature" substituted for "vice of buggery" in the original, and it was present in one of these forms in criminal codes of most U.S. states. Specific acts included under this heading were typically deemed too detestable to list them explicitly, resulting in a number of vagueness-based legal challenges to corresponding statutes. One of the most recent, and one of the rare successful challenges, is the 1971 Florida case of Franklin v. State. On the other hand, just 7 years prior, a similar challenge (''Perkins v. State'') failed in North Carolina. (In ''Perkins'', the Court wrote that, if this were a new statute, it would have been "obviously unconstitutional for vagueness", but, since this was a statute whose history was traceable back to the reign of Henry VIII, it accumulated a number of judicial interpretations, and, backed with these interpretations, it was not unconstitutionally vague.) Penalties for this offense varied greatly over time and between jurisdictions. Crime against nature remained punishable by death or life imprisonment both in the UK and in many U.S. states well into the 19th century. Liberalization of sexual morals led to reduction of penalties or decriminalization of the offense during the second half of the 20th century, so that, by 2003, it was no longer a punishable offense in 36 out of 50 U.S. states, and was only punishable by a fine in some of the remaining 14. (See Sodomy laws in the United States for details.) 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「crime against nature」の詳細全文を読む スポンサード リンク
|