HOME | PARENT LIES
| STORIES OF THE FIVE
WHEN SEX IS ILLIGAL | LIES MEN TELL WOMEN
LIES WOMEN TELL MEN | LIES WE TELL OURSELVES
MARRIED COUPLES AS SEX CRIMINALS
Before reading further, be admonished
not to believe a word of this because it is all true.
Better yet, after you read this chapter, tear the
pages out before your spouse gets to them.
It is really no secret, but there is a lot of sexual
activity which takes place between married couples
(and sometimes amongst them, but that is discussed in
another chapter). Some of this activity can be characterized as kcuffing.
So far as we have been able to determine, kcuffing between a husband and wife has not been made a
crime in any jurisdiction, so long as it is:
a) engaged in absolute privacy
b) without any noise
c) in a conventional position
*Spelled backward to frustrate non-scholars who never read foot-notes.
a) accompanied with loud shouts Of joy which
C) couple practiced it dog-fashion and a sneaky
peeping tom cop thought there was penetration
d) there are biblical injunctions against sex activity
at menstruation which are carried into today's
law in Israel
e) and the Griswold Case conviction regarding birth
control in Connecticut had to be corrected by the
U.S. Supreme Court
The most frequent criminal sexual activity engaged
in by married folk is in what is euphemistically referred
to as oral-genital activity. This terminology misses the
point What we are really talking about is muff-diving
(or muffing) and snoggling (These terms are officially
defined in the Appellant's Opening Brief in People v.
Brooker T. Haynes, 2d Grim. No 11125, Court of
Appeal of the State of California,* Second Appellate
Districr, Division ThN~.)
Most of the euphoristic discussions of this subject
also miss the point. The point is that when there is
muff-diving or snoggling, or both at the same time
69), it is probably engaged in to orgasm. The reason
*This court will he sometimes mentioned as the District Court of Appeals. Courts are restless and they go around changing their names a lot. The District Court of the United States became the United States District Court. The U.S. Circuit Court of Appeals became the United States Court of Appeal, Ninth Circuit. The Superior. Court of
the State of California in and for the County of Los Angeles became Superior Court of the State of California for the County of Los Angeles. If you cannot progress, change your name.
'or the euphoristic point 0 view is probably because of
some impression given by the expressions which commonly characterize this activity, such as "sexual perversion" or "infamous crime against nature" or depraved conduct" or "sodomy."
The Catholic Church approach (The New Cana Manual, edited by Rev. Walter Imbiorski, 1957) faced
the facts of life with the injunction that any such
Activity must be concluded with sexual intercourse
Accompanied by an emission of semen into the wife's
vagina without any birth control devices being used.
Nowhere in any of the literature can be found any defense for the causing of orgasm in one's mate by the
Had this activity been simply styled "kcussing"
which is what it comes down to, man's ignorant guilt in
his field would not have been so long cherished and
Professor Gebhard, of the Sexual Research Institute
of the University of Indiana, writes in the typical
guarded terms of his time:
"Our data suggests that oral-genital stimulation is
a fairly common form of pre-coital play among
married couples. Thus slightly over half of the
married women reported on in the volume Sexual
Behavior in the Human Female reported having
had oral stimulation and slightly under. half re-
ported providing such stimulation. See Page 399.
Further, given a trend for this to be more common
among persons born more recently, the current
figure may be assumed to be somewhat higher.
Clearly, California law proscribes what is evident-
ly an extremely wide-spread form of sexual behavior.
As I am sure you are already aware, the model
criminal code of the American Law Institute,
which was adopted in its essentials by the State
of Illinois, does not define this type of sexual activity
as coming within the concern of the state. Further, mouth-genital stimulation as an aspect of sex-
ual activity is mentioned in numerous manuals
on sexual behavior. Of particular interest is that it
is also approved as appropriate behavior for Cath-
olics, as long as it is part of a larger sexual act that
culminates in coitus. "Any part of your body may
touch any part of your husband's or wife's body
provided that the act of intercourse itself is com-
pleted normally." (The New Cana Manual, edited
by Rev. Walter Imbiorshi, 1957, P.84)"
As has been officially pointed out in the Appellate
Brief in People V. Haynes, sexual adjustment in mar-
riage is an important thing. The laws which prohibit
oral-genital activity, muffing and snoggling, or just
plain "kcusing" between married couples, and the
writers who style such Universally engaged-in activity
as depraved (an expression often found in the deci-
sions) are probably doing a great deal of actual social
harm. Ignorance can be dangerous at any state, and
official or religious promulgation of ignorance can be
the most harmful of all.
In the Appellant's Opening Brief in People v.
Haynes, it is pointed out that on the floor of the Court
House in Los Angeles, we have a Court of Conciliation
where the counselors are advising oral-genital activity
as a means of adjustment between married couples and
on another we have criminal courts trying people for
heterosexual oral-genital activity between consenting
This bit of sociological foolishness probably has its
origins in an unchallenged premise. The unchallenged premise is that sexual activity has as its only purpose in the human community-that of procreation of the
This premise ignores completely that the human
infant is the most helpless of all of the mammals for
the longest period of time. The human infant requires
the parents to fulfill his needs for 21 years. This
statement is based upon the California law which
requires the parent to support children until they are
21. All states have similar laws, only the age limit
differs. The premise is also based on California law
which will make the juvenile a ward of the juvenile
court should it appear that he suffers from a lack of
So in California we find a high incident of divorce
(on which there are really no true figures, because of
the common use of Las Vegas as a marrying place and
a divorcing place) and an even higher incident of
children of divorced parents. The same is true in all of
the United States.
Polls of this type are herd to make. Try it on your
own child's high school class. How many children are
there in the class who have the same parents living
together as husband and wife as they had when they
were horn? Two or three? More? Sexual adjustment in
marriage is serious business, and a teenage population
dressing and wearing its hair so that one cannot tell
the sexes apart is only a symptom of widespread teen
dissatisfaction with the methods by which the grown-
ups of this world have messed up their lives by wor-
shiping false sexual values, by turning to pills and
liquor as a substitute for marital adjustment, and by
refusing any responsibility in encouraging children to
enter into healthy, well-adjusted marriages.
Sexual activity between married couples is recog-
nized as not being with the province of the law makers
by the American Law Institute's Model Criminal
Code. Under the Model Criminal Code, it is perfectly
legal for a husband to release his wife's nervous ten-
sions and satisfy her sexual appetite by kcussing her
to orgasm. (Illinois has adapted the Model Criminal
Yet The People V Doggett and other cases mentioned
involve prosecution Of married folk for this sort of
The medical folk are only now on the threshold of
studying what other inherent sexual needs may be
referred to be satisfied by what is commonly called
"69" activity. It is suggested by some authorities that
in the hormonal field, the female sexual secretion has
an effect in preventing aging in male cells and in the
reduction of a high cholesterol count.
Other research is going on in the field concerning the
Vitamin B-12 qualities of human semen as being a
necessary requisite to the well being of the female
One does not have to be a marriage counselor or a
lawyer who has spent a couple of decades participating
in the wreckage of marriages in the divorce courts to
know that there is definite social advantage to having
married couples who stay married.
Nor does one need to be a psychologist or psychia-
trist to be able to understand that if one or other of the
mates in a marriage is not being brought regularly to
orgasm, then that marriage is a candidate for the
Sexual dissatisfaction in marriage may be one of the
leading causes of alcoholism, sexual infidelity or just
plain disinterest, all of which contribute to a high
No realistic person will contend that even without
present laws on consented-to sexual conduct between
adults is there much hope for a greater understanding.
The foreseeable future is not one which forecasts Sex
education in high schools. With the confused state of
the law and with the confused state of sex attitudes,
there cannot be much hope for the improvement of
understanding in the field.
Meantime, we have a flurry of jokes ranging from
the old expression, "Show me a man who doesn't go
down on his girl friend and I will steal her away from
him," to one which appeared Playboy you ever
get so drunk you kissed a girl on the navel?"
This book is not intended to give wholesale legal
A couple contemplating marriage and feeling that
they might wish to experience a variety of sexual
activity on the honeymoon without technically corn-
mitting a felony are advised to consult a local attorney
in the honeymooning jurisdiction for advice on just
how far they can go.
If, however, the couple is of the devil-may care type,
they can probably experience boy-girl activity without
much risk so long as they lock the door, pull down the
blinds, cover the key holes, and check their hotel room
for hidden "bugs" and concealed television cameras.
Police activity in violation of this privacy is probably
illegal (People v. Cahan).
But, of course, it may take a trip through the courts
to establish this illegality. To be absolutely on the safe
side, the young couple should avoid all intimate activ-
ity except "normal" sexual intercourse in the mascu-
line superior position. Body kisses are apt to be con-
strued as attempted sexual crimes.
As practical matter, there is importance in a married
couple's engaging in any sexual activity which results
in an orgasm or in a desire on the part of the couple to
continue the marriage relationship.
MAKE IX)VE NOT WAR is an expression which
can profitably be applied to marriage.
A married couple who does engage in muffling and
snoggling may well he engaged in activity which under
expected extension of Griswold v. Gonnecticut may he
held to be outside the supervisory powers of their
friendly local police department due to the 9th Amend-
ment to the U.S. Constitution But what couple wants
to be legal guinea pigs? In other words, kcussing one
another off may be held perfectly legal at sometime in
This activity is not readily amenable to prosecution
Because of the fast that one spouse may not be made to
testify against the other, nor may a spouse be forced to
incriminate himself nor may a participant's testimony
(or an accomplice) be used to establish that a crime
was committed. Married folk who are in love will
probably continue to take a few risks to express their
love. But ~c or semipublic activity of the tppe
re~tedly engaged in at meetings of the Sexual ~
dom ~gue Or aimar organizations may lead to co~
viction of the participants at woTst or to &s~ce and
humiletion at the best.
Since the statutes of limitation on this type of felony
activity may be three years, or more, a person, such as
the 1~year~d girl reported to have engaged in fellatio
(soogsling~that is to say, kcussing off the male) on
one of the older members, may have to wait three
yeses or more to be sure she will not be prosecuted for
il there is guch a prosecution, the jury wiU be
mstrw~, in effect, that what she did violates Section
288a of the California Penal Code, or a similar code
section in another state.
Theoretically, the jury will have no alternative hut
to find her giiilty. The judge may decide to give her
the minimum of one year in the State Prison and then
allow the California Adult Authority to determine how
much over the year she must serve.
If she stid~ to her guns and continues to protest her
innocence and refuses to repent, she will probably do
at least seven years in the Penitentiary, and if she
doesn't behave herself, she may he subject to impri~
onment for life, under some indeterminate sentence
Her only hope, if she is prosecuted, is that the jury
may have sense enough to violate its oath to find her
"guilty" and fh~d her "i~ot gujlty~fl But if the jury doee
find her "guilty," she can still hope the judge will have
sense enough to recognize that her "bard co~" ~onduct
is rot on a par with train wrecking or armed bank
of oourse, if the man upon whom she performed the
ac~ out of fear for his hide, te~tifies that she
theeatem~ him and caused hiin to move from one place
to another in the room, our 1~year~ld Playboygiri
may face the gas chamber.
So much for now on the troub~e one can get into by
going to a single meeting of the Sexual Freedom
legue or the Neighborhood Mate Swapping Club.
BACK TO TABLE OF CONTENTS FOR WHEN SEX IS ILLEGAL
HOME LIES PAGE STORIES OF THE FIVE