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Pharmacy Links

HOMOSEXUAL OFFENDERS VS. ADULTS: CIRCUMSTANCES OF THE OFFENSE

27th March 2009

The average homosexual offender vs. adults was twenty-nine years old at the time of the offense that led to his conviction for this type of sexual behavior. Of all the comparative groups, fewest of these offenders had ever married: 80 per cent were never married, 6 per cent were married at the time, and 14 per cent were separated, divorced, or widowed.

For about three fifths of the men this was their first sex-offense conviction; they were less inclined than the other homosexual offenders to prior sex-offense convictions—probably because their sexual partners were of a more suitable age. Furthermore, since they are the most homosexually oriented group, the probabilities of offenses against females are proportionately reduced. It was the second sex-offense conviction for nearly one fifth of the men, as contrasted to over one quarter of the homosexual offenders vs. minors and one third of the homosexual offenders vs. children. For close to 8 per cent it was their third, for 4 per cent their fourth, and for 7 per cent their fifth or more. This latter figure is high compared with the other homosexual groups, and the explanation is that the homosexual offender vs. adults is frequently convicted for soliciting and simply pays a fine or receives a suspended sentence. This essentially mild punishment has little lasting deterrent effect, although it breeds caution. The offenders vs. minors or children are often not treated as misdemeanants, but as felons; their convictions take them out of circulation for lengthy periods of time.

Consequently, it is more difficult for them to accumulate records of five or more sex-offense convictions.

About 4 per cent seem to have had serious mental problems prior to the offense. This is a comparatively moderate figure, and less than that of the other homosexual offenders.

Use of narcotics at the time of the offense was so rare as to be insignificant, and of the four men involved none were using “heavy” drugs such as morphine or heroin. Alcohol played a small role: 15 per cent were drunk at the time and another 9 per cent mildly intoxicated. These figures are moderate to somewhat low compared to those of other sex offenders.

Seldom—in 3 per cent of the cases, to be exact—were more than two males involved. Group activity is not a feature of these offenses.

Of all die sex offenses, homosexual offenses vs. adults appear to be the most premeditated. Compared to heterosexuality, homosexuality is a minority phenomenon, and consequently unsought and unexpected opportunity occurs less often. True, the cruising homosexual may meet a partner by chance, but it is more than likely that he was searching and hoping that chance would reward his quest. Moreover, since the taboo concerns him, the homosexual is less likely than the heterosexual to drift unwittingly into sexual situations; he is generally alert to nuances and minor clues.

Most of the offenses (34 per cent) took place in residences, and next most often in public toilets (21 per cent), where adult solicitation and contact are common. Third rank (19 per cent) was out-of-doors, and automobiles were fourth.

We lack the precise ages for a large proportion of the partners of these homosexual offenders, but for the 53 per cent for whom this data is available the average age was eighteen. Allowance must be made for a small bias here in that there may well have been a tendency to comment on the partner’s age only if he were young. Some three fifths of the partners were strangers to the offenders, 7 per cent were acquaintances, and nearly one third were friends. The high percentage of strangers reflects the promiscuous nomadic habits so common in predominantly homosexual adult males.

A full fifth of the convictions did not stem from physical contact; most of these were cases of solicitation. When contact did occur, fellation was the commonest technique, being present in 55 per cent of the cases. Manual genital stimulation ranked second (26 per cent), nongenital petting third (9 per cent, chiefly instances where the contact was interrupted before genital stimulation took place), and anal coitus was fourth (6 per cent). An additional 3.5 per cent consisted of a combination of fellation and anal coitus. These percentages are quite similar to those of the homosexual offenders vs. minors.

In ascertaining the cooperation or resistance of the adult object of the offense we can utilize only those cases where relevant information was available both from the offender and from the official record. Only 152 such cases are available, but in these 93 per cent are agreed that the solicited male was encouraging or at least passive, and 5 percent agree that he objected. In 2 per cent of the cases the official record reports resistance, while the offender claims that he was encouraged. All in all, the great majority of homosexual contacts between adults take place with mutual consent; homosexual rape is rare and usually confined to prisons and hobo jungles. In only 3 per cent of our total of 292 homosexual offenses vs. adults was there physical duress; in these eight cases severe force was employed in four. We have no instance where a homosexual relationship with an adult was compelled by threat alone.

As far as the probability of arrest is concerned we lack sufficient data in one fifth of the cases to make a judgment. In the remainder a full quarter of the offenses were so discreet that arrest was unlikely; in about three fifths it was possible but not probable; and in 15 per cent of the offenses the behavior was so foolish or flagrant that arrest was very probable.

The generally reasonable precautions taken by homosexual offenders vs. adults are reflected in the small number of instances that were reported by the object (11 per cent), his friends or relatives (9 per cent), or witnesses (5 per cent). The offenders obviously chose places and persons they considered safe. However, they underestimated the activity of the police, which accounted for over two thirds of the arrests. Slightly over one third of the offenses were seen by the police, not infrequently from some vantage point where they were on watch. Nearly one fifth were discovered by the police in the process of other investigations. Lastly, one fifth of the offenses stemmed from unequivocal entrapment: a plainclothes man or a person employed by or persuaded by the police made himself available for homosexual solicitation and in more cases than not encouraged it. When a homosexual male made an approach he was usually permitted to make a physical contact or to become verbally specific about his desires, and at this point he was arrested by the “bait” or by police or detectives waiting nearby.

Here we must point out that entrapment breeds many impostors who go through the procedure, “arrest” the offender, and subsequently extort money from him to “forget the case” or to “fix” law-enforcement officials. Some of these impostors are remarkably bold, sometimes putting the “arrested” man in a car and driving him to the precinct station where he is offered a last chance to pay them off—a chance that is virtually always accepted.

Slightly over three quarters of the offenders, a figure both absolutely and relatively large, fully confessed their behavior to the authorities. Some 85 per cent admitted it to us; no other group gave us as many full admissions of guilt, although the homosexual offenders vs. minors were only a few percentage points behind. Qualified admissions accounted for 5 to 6 per cent, and 2 per cent claimed they were so drunk or upset at the time of offense that they could neither admit nor deny their behavior. Sixteen per cent denied the offense to the authorities, and slightly less than half as many did so to us. It is interesting that almost the same percentage of heterosexual offenders vs. adults denied their offense behavior to the authorities as did these homosexual offenders, even though the latter were arrested for more taboo behavior. One often has the impression that the homosexual offender, faced at last with the catastrophe he has always dreaded, is almost relieved to drop the cloak of secrecy and say, “Yes, I’m homosexual: do with me what you will.”

In terms of legal plea, 78 per cent pleaded guilty, nearly 19 per cent not guilty, and the remainder made no plea but threw themselves upon the mercy of the court.