CHAPTER ONE

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.

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a) accompanied with loud shouts Of joy which

C) couple practiced it dog-fashion and a sneaky

peeping tom cop thought there was penetration

per anus

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.

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'or the euphoristic point 0œ 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

"kcussing" method.

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

nurtured.

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

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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

adults.

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

species.

This premise ignores completely that the human

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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

parental control.

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

Code.)

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Yet The People V Doggett and other cases mentioned

involve prosecution Of married folk for this sort of

activity.

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

nervous system.

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

divorce courts.

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

divorce rate.

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

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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?"

"Drunker!"

This book is not intended to give wholesale legal

advice.

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

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another off may be held perfectly legal at sometime in

the future.

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

this activity.

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

statutes.

Her only hope, if she is prosecuted, is that the jury

may have sense enough to violate its oath to find her

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"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

iobbery.

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.

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