MovieChat Forums > Kinsey (2005) Discussion > '40s and '50s Sex Laws?

'40s and '50s Sex Laws?


In the film, when Kinsey went to NY he was interviewed by reporters as his first book was headline news. He made a statement about (23?) sex laws that resulted in many people being imprisoned. I suspect these laws opposed homosexuality and inter-racial sexual relationships, but does anybody know what the laws were, or where I can find more info on this?

Thanks!

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Hey Mike,

I forwarded your question to someone at the Kinsey Institute and here's their reply:

Kinsey discussed the legal aspects of sexuality extensively in his Sexual Behavior in the Human Male and Sexual Behavior in the Human Female. In the Male volume for example, he talked about imprisonment of pre-marital sexual activities. On page 224, he mentioned that “on a specific calculation of our data, it may be stated that at least 85 per cent of the younger male population could be convicted as sex offenders if law enforcement officials were as efficient as most people expect them to be”. In both volumes, he cited some of the state laws (against sexuality) in the footnotes. Do check out Kinsey’s work for historical information.

ILGA has a website (ILGA.org) listing some of the specific countries where homosexuality is still illegal.

Mike, let me know if you have any other questions.

Cheers!

J.

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I think it also covers the fact that oral sex was illegal in some (or even many) states at that time.

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It should be noted that authorities don't tend to go looking for sex offenses. In cases of statutory rape, for example, no one expects cops to go around trying to find out if anyone underage is having consentual sex. Most of the cases would probably have resulted from a complaint - hence a legitimate 'rape' and not just underage sex. So his stat of 85% is probably highly questionable.

"Do you realise that Otto spelled backwards is Otto?"

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I think you missed the point. I understand the point to be that at that time there were laws condemning gay sex and oral sex, regardless of it being consentual. I think it is prety much safe to say that 85% of the people have had either or both forms of sex, making them offenders.

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Most of the cases would probably have resulted from a complaint - hence a legitimate 'rape'

Except where the complaint arises from a party not involved in the sex, which is very common where the sexual lives of young persons are involved.

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Many states still have laws against adultery (extramartial affairs) and oral even on the books, even if they aren't enforced. Texas only struck down its law against dildoes last year. Stores got around it by referring to them as "educational aids." I believe Alabama still prohibits them.

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[deleted]

Gay sex was illegal in the UK until 1967.

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