The Soviet armies advancing into East Prussia in January , in huge, long columns, were an extraordinary mixture of modern and medieval: tank troops in padded black helmets, Cossack cavalrymen on shaggy mounts with loot strapped to the saddle, lend-lease Studebakers and Dodges towing light field guns, and then a second echelon in horse-drawn carts. There were freebooters who drank and raped quite shamelessly, and there were idealistic, austere communists and members of the intelligentsia appalled by such behaviour. Beria and Stalin, back in Moscow, knew perfectly well what was going on from a number of detailed reports. One stated that "many Germans declare that all German women in East Prussia who stayed behind were raped by Red Army soldiers". Numerous examples of gang rape were given - "girls under 18 and old women included".
In OctoberBerlin hosted the first international scientific conference to take place in Germany after the First World War. This had nothing to Prussian young sex with genuine puritanism: it was because love and sex did not fit in with dogma designed to "deindividualise" the individual. Frederick also sent in Jesuits to open schools, and befriended Ignacy Krasickiwhom he asked to consecrate St. Ein Leben als Arzt der Seele: Exhibitinist wives cuckhold. Sophia Dorothea of Celle — Sanssouci French for "carefree" or "without worry"was a refuge Prussian young sex Frederick.
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Namely, presiding judges considered a greater number of sexual acts as punishable, despite no change in the laws themselves. Central to my argument is the role of expert testimony in practice and its critical reception.
By focusing upon the rhetorical strategies presented by attorneys, judges and expert witnesses as well as defendants themselves and their relatives , it illustrates the functions of expert and tacit knowledge in court, which were often not mutually exclusive. In October , Berlin hosted the first international scientific conference to take place in Germany after the First World War.
Its focus was sexology; its organiser was Albert Moll — Several newspapers covered the daily proceedings of a trial concerning the accusation of sexual misconduct, in which Moll served as an expert witness. Because of its proximity to Berlin the story drew the attention of several metropolitan reporters, who conveyed every sordid facet.
For instance, one argument in the case involved the question of whether the rector had spanked students in order to discipline them or to satisfy his own sexual desires. This was due, in part, to the obscure language employed by leading practitioners, and to the embarrassing testimonies offered in highly publicised trials such as the Eulenburg Affair see below. Whereas much previous scholarship frames sexologists and their work in the context of contemporary scientific advances, political struggles, and social values, this article instead examines how sexological ideas shaped state practices.
Sexual forensics helped transform private sexual matters into concerns of public state officials, and scientific experts such as Moll served as key functionaries in this process. This article uses Moll as a case study to examine how experts exerted the basis of their authority, earned and maintained public recognition, and how each of these processes extended the importance of sexual knowledge and its effects.
While debates over forensic evidence provide one way to assess the impact of sexology, this article also examines the contested role of early twentieth-century sexologists serving as forensic experts in German courtrooms.
In so doing, it casts the work of Albert Moll in the larger context of German sexologists offering expert testimony regarding the meaning of sex acts and sexuality. Moll was a vital figure in these transformations, and the courtroom became a new site for evaluating the legal meanings of sexuality. The article will proceed in three parts. First, it places Moll and his work in the context of the growing significance of forensic psychiatry in general and sexual forensics in particular, during the first decades of the twentieth century.
While doing so, it emphasises the contested views amongst various experts regarding both the nature of human sexuality and the role of sexual scientists in its interpretation. German laws prohibiting various sexual acts lacked transparency, and their vague wording was left open to interpretation.
Further complicating the scientific authority claimed by sexologists was the context of growing animosity directed at the increasing trend towards specialisation and expertise during the years of the Weimar Republic.
The peculiarities of German law inadvertently provided German sexologists the opportunity to project and consolidate their authority on sexual subjects. In the late nineteenth century, persons standing trial under Section of the Penal Code found themselves at a moment when important shifts in sexology and criminology were taking place.
They were simultaneously the subjects and objects of these discourses and part of a larger effort to identify recurrent characteristics of perceived criminal types. Prior to entering the courtroom, as in other criminal cases, the nature of evidence was subject to debate. Yet, attempts to identify either homosexuals or same-sex acts proved challenging as experts disagreed upon what could serve as evidence as well as the appropriate means of its collection. For a long time, legal practitioners were at odds in determining how to identify homosexuals.
This became a further problem in , as Germany unified under Prussian leadership, and subsequently all twenty-five states were forced to adopt the Prussian Legal Code. Understanding the aetiology of sexual desire was crucial to several Central European jurists, because many early works in the field of sexual science were intended for use within the courtroom.
Contemporary practitioners recognised this dilemma, and noted its relationship to the problems of identification and interpretation. There is no prospect of a general agreement on a valid definition of what we mean by sexuality…. We see no way of exactly determining the object of sexology. Other academically tolerated sciences find themselves in the same situation, psychology and biology, for example…. Acting as expert witnesses thus served two functions for the growing field of sexology.
First, it provided a location to work out debates regarding the origin and nature of homo sexual desires. Second, this role helped to legitimise the nascent profession, whose standing remained uncertain in the eyes of some contemporaries — both in the medical profession and beyond. Testimony offered by expert witnesses served as a point of interest amongst criminologists, as did the use of criminal psychology by such experts to identify homosexuality.
Expert testimony could be fraught with paradox and often received with cynicism. The public and media were often aware of the stakes involved with selecting who would provide expert testimony, and that such choices reflected the arbitrary and unpredictable nature of the justice system, particularly in the years prior to the First World War.
This was indeed the case during the notorious Eulenburg Affair —9 — a highly publicised and politicised series of trials pertaining to accusations of sexual indecency involving the entourage of Kaiser Wilhelm II; chiefly involved were his personal friend and advisor Prince Phillip zu Eulenburg — and General Kuno Graf von Moltke — , both exposed by journalist Maximilian Harden.
Speaking before the crowded congress hall at the International Sexology Congress in Berlin in , Moll addressed the special role of expert testimony in trials pertaining to sexual offences. Regarding testimony in cases pertaining to homosexuality, he offered two further recommendations.
By the dawn of the Weimar Republic the law and its protectors remained one of the few constants in a society still yet to recover fully from the upheaval of the First World War. Patterns of interpretation for Section and other sexual offences revealed broader parameters regarding the understandings of sex and sexuality, and both the conviction rate and severity of penal sentences spiked. The shift within sexual forensics towards an expansive interpretation and application of Section was already underway in the months immediately before the war.
While regarding inter-femoral, anal, and oral sex as punishable offences, it offered an even wider range of acts that would go unpunished, ranging from the sensual embraces between clothed persons to mutual masturbation.
In general, discussion of evidence within the courtroom became quite explicit by the s. During previous decades, the language of court reports of cases regarding Section displayed much ambiguity and did so mechanically. Rarely did other sexual acts or desires receive mention; if they did, then only to note that they were not punishable. Also remarkable is that jurists employed the word used for heterosexual intercourse Verkehr to describe same-sex acts until the s.
In addition, under German trial procedure, the presiding judge questioned the defendant and all other witnesses prior to the prosecutor and defence council. Although an entire chapter of his memoirs was devoted to his work as an expert witness, Moll curiously offered few words about sexual forensics, despite his frequent presentation of expert testimony in such matters.
This meant typically the two men engaging in the acts in question as well as a third party, who might or might not have witnessed the act often either a landlord or police watchman. Prosecutors suggested inviting the Berlin sexologist Albert Moll to serve as an expert witness; the presiding judge found no reason to object. The purpose of these inquiries was not to ascertain whether Heinz M.
Moll believed that Heinz M. The successful prosecution of Heinz M. During the s, judges frequently considered evidence of mutual masturbation as sufficient for conviction. In addition to luridly describing the sex acts themselves, judges compelled defendants to describe their sexual histories — which often included detailed experiences and emotional responses. The testimony of sexological experts, however, did not always go unchallenged, and at times the courtroom served as a forum for competing practitioners to debate their ideas.
Some cases represented an expansion in the types of sexual acts that counted as well as a sense that comportment counted as evidence. Both shifts were on display in the —6 trial of year-old Erich L. Over the course of an eight-month criminal investigation, initiated after an year-old student confessed to his parents that he had engaged in mutual masturbation with his teacher, Erich L. The problem for the presiding judge was that none of them confessed to partaking in anal sex, and only three initially confessed to masturbation — none of whom had removed their clothes.
In other cases regarding mutual masturbation the decision to prosecute hinged upon whether the act in question took place between naked or clothed participants.
Members of the community were outraged at the allegations and demanded proof of Erich L. Several letters to the court suggested that the teacher had been a victim of slander. The presiding judge called upon Moll to help decipher the evidence. They also mirrored the assertions of other medical practitioners, which linked the experience of prolonged trench warfare in the First World War to male sexual disorders.
In rendering their sentence, the judges warned that in at least thirteen instances Erich L. Curiously enough, despite attention devoted to Hirschfeld and his theories, as in this case, the emphasis on biological foundations proved of little significance in cases tried over the following decade. Erich L. Unlike prior decades, when the burden of proof rested upon clear demonstration that anal sex had taken place, a wider possible range of meanings was associated with same-sex acts. Accordingly, not only did the overall rate of prosecution double, but so did the average length of penal sentences.
In the years —9 only fourteen per cent of cases led to a sentence longer than one year, whereas nearly thirty-two per cent did during the years —9.
The latter period also witnessed an increasing number of sentences that included a suspension of civic rights or citizenship — this part of the sentence would begin after the period of incarceration — which rose by eleven per cent compared with the two decades prior. Although these shifts may be merely coincidental, they nevertheless suggest the inclination of various jurists to search for ways to reconcile an old and ambiguous law with modern legitimisations.
The cases of Heinz M. The appeal of Heinz M. Not only did he reference scientific findings — questioning how someone might be prosecuted for an inborn condition — he also referred to notions of bourgeois respectability when mentioning his marriage, children, and his previous national service during the First World War.
Much as in the original trial, the rhetorical strategy of the appeal stressed the characteristics of his masculinity, rather than the sexual act in question. In addition to the expert assessment of Erich L. The reliability of adolescent witnesses, however, had been a matter of debate among experts; for instance, one conference participant, the Hamburg psychologist William Stern — , who also often served as a court-appointed expert, remained sceptical of what young witnesses could convey, as they were particularly prone to suggestion.
The congress enjoyed a rather favourable reception among the press, which praised Moll for his prestige and expertise.
Magnus Hirschfeld has recently credited himself with the achievement that through his service as expert witness he had saved the accused thousands of years in prison. It would in fact give supporters of the punishment valuable material. The presiding judge, who had formulated his moral compass during Imperial Germany, was now forced to apply it in cases where defendants embodied the new spirit of sexual science.
As a laboratory of modernity, the Weimar Republic marked an opportunity for sexologists to seek and solidify their authority. Here two tactics predominated. Attention to experts, and the basis of their expertise, allows us to see the cultural conditions of knowledge transfer — especially that expressed as tacit knowledge — and the social and political implications of its exchange.
Once cases reached the courtroom, judges faced a problem in formulating secular legitimisations for laws that were created and contested on religious morals. During the s, expanded epistemologies of justice resulted from the enhanced status of experts such as Moll and other sexologists following the First World War. HA Rep.
For an overview of the conference speeches see Max Marcuse ed. Oxford: Oxford University Press; Geschichte und Gesellschaft. Scham- u. Sexual forensics refers to the provision by these practitioners of expert opinions and testimony in court cases pertaining to various sexual offences Sexualdelikte. The decision itself came on 23 April This narrow interpretation is consistent in the limited number of court records that I have found for the s and s.
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Sexual Science and Sexual Forensics in s Germany: Albert Moll as (S)Expert
As the Allies gained control over the Western and Eastern Fronts in and , German soldiers were not the only casualties. Recent historical research has revealed German women and girls were also targets, subjected en masse to a wide range of sexual violence allegedly committed by American , Canadian , British, French and Soviet soldiers.
By the spring of , Nazi Germany was crumbling and the Soviets were racing toward Berlin. The exact number of rapes is unknown, with estimates ranging from tens of thousands to millions. Over the last decade, with only the last survivors still living, there has been a surge of interest within German society in stories of the Soviet rapes. The women and girls who were subjected to Soviet sexual violence suffered intensely. Many endured multiple violations or found themselves impregnated by their assailants.
However, wartime sex between soldiers and enemy civilian women occurs within a complex sexual economy. During the Second World War, it was common for both German women and women living in German occupied zones to enter into negotiated relationships of exchange, wherein sex was traded for protection and provision. The international law that deals with wartime atrocity, however, rejects the ambivalence of these kinds of interactions.
This approach makes virtually all wartime sex between civilians and enemy soldiers criminal, regardless of whether the women involved saw it that way. The reality is that women engage in strategic bargaining under wartime conditions, often using their sexuality as a lever of power. Many of these women regard their exchange of sex for survival as a choice; a constrained one, to be sure, but nevertheless a meaningful choice. Social memory of sexual violence always has a politics.
In both instances, women are encouraged to think of ambiguous sexual encounters primarily through the lens of victimization and trauma. Knowledge and discussion of these events were a kind of open secret , especially within the former East Germany , where the regime depended on portraying the Soviets as liberators from Hitlerite fascism.
The question of how we should make sense of Allied sexual violence perpetrated against German women must be considered within the broader context of political struggles over wartime cultural memory. Revelations of Wehrmacht atrocities , along with the realization that many ordinary soldiers knew about the Nazi plan to exterminate the Jewish population of Europe, belied the myth that the regular German military had been insulated from the worst Nazi crimes.
This generated a cultural discussion about wartime German victimhood. No longer limited to the sphere of feminist activism, discussion of the rapes became a matter of public interest. But any movement that focuses on German suffering during the Second World War is a fraught enterprise , to say the least. Feminist projects that seek to unearth stories of sexual harassment, assault and other forms of misconduct can easily appeal to right-wing political groups with regressive policy agendas.
Key to the German victimhood debate was a series of memory projects related to the forced mass population transfer effected by the Allies at the end of the war.
All of those areas used to have large ethnic German populations — the German Reich at the beginning of the war was much larger than Germany today.
After the war, those who remained were expelled into what is present-day Germany, and those who had already left were forbidden from returning to their homes in the East. According to many, including some women survivors that I interviewed for a research project, this Allied-sponsored event is one of the great unrecognized crimes of the war. Many of the rapes were committed while women and girls fled westward.
During the Berlin Biennale , there was even an art exhibit devoted to artifacts of the Flucht , including the diary of a sexual violence survivor. And after much political wrangling, AfD-aligned politician Erika Steinbach succeeded in establishing the federally funded Flight, Expulsion, Reconciliation Foundation in Berlin, which is mandated to research, document and memorialize the expulsion.
In German politics, the Flucht is often a dog whistle for right-wing nationalism. The German right has used the rapes to build a narrative of sexual victimhood to gain support. Countless German women and girls suffered deeply during the last months of the Second World War. While their suffering was often caused by sexual violence, it was also brought about by hunger, disease and exposure to the elements: In other words, the simple material conditions of a country on the brink of losing a war.
Canadian soldiers display a Nazi flag removed from a building in Xanten, Germany as the Second World War was coming to an end in Recent research has revealed thousands of German women were raped by Allied forces after fighting stopped in Europe. Heidi Matthews , York University, Canada. Remembering Soviet atrocities Over the last decade, with only the last survivors still living, there has been a surge of interest within German society in stories of the Soviet rapes.
A matter of public interest This generated a cultural discussion about wartime German victimhood. German children displaying surrender flag in Sogel, Germany, on April 10, Enregistrez-vous maintenant.