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of public law such a term attains a fixity unresponsive to newer scientific knowledge and application. Although the framers of enacted legislation, aimed at the sex offender, recognize that sex offense may be a symptom of a kind of mental disorder, they have failed in nearly every instance to lift the recommended procedures of trial and disposition out of the traditional criminal process. In such procedures the psychiatrist continues to be confined to a precarious definition (what is a psychopath), as he is in most criminal procedures, and it does not seem likely that under such circumstances the psychiatrist can hope to bring the fullest measure of understanding to our courts.

SEX OFFENSE AS MENTAL ILLNESS

The unlawful sexual act may be recognized as a surface symptom of a more profound psychic disturbance. In fact, the symptom may be less significant than other pathologic features of the total personality which are more often not detected without psychiatric investigation. Only the surface manifestation attracts attention because it is unlawful and punishable. If further investigation is carried out and the inner disturbance assessed, the symptom attains a new meaning and the law then may regard the act as that of an irresponsible person with a kind. of mental illness. It is clear that in the legal process we should go beyond the symptomatic illegal act itself and assess the total personality to enable the courts to better achieve the aim of both community protection and individual treatment. Thus it would appear that the psychiatrically deviated sex offender should be regarded as suffering with a mental disorder and the procedure of disposition be by indeterminate commitment as provided by law for persons with mental illness. It is clear that the identification of the psychiatrically deviated sex offender and the estimate of his danger to the community are functions of which the responsibility rests largely on the psychiatric expert. They are not matters best determined singly by the judge or by the jury. The committee proposes that the disposition of the psychiatrically deviated sex offender be properly initiated by the establishment of the diagnosis of mental disorder by expert opinion. Such a diagnosis is dependent upon the following general criteria which singly or in combination should be the guide to the psychiatrist who is required to give an opinion as to the existence of mental disorder.2

Repetitive Compulsive Acts.-Repetitive compulsive acts having a (dynamic) pattern of similarity and carried out to the point of community intolerance. Such acts manifest heedless disregard of consequences and seek and attain ultimate expression even if momentary obstacles are encountered.

Forced Relations.-The forcing of sexual relations implies noncompliance on the part of the offended party. Forced relations may be either heterosexual or homosexual.

Age Disparity (Relations Involving One Adult).-This criterion rests upon the legal definition of minority and consent. No uniformity exists in this part of the law. The committee

2. It is well to point out that during puberty and adolescence libidinal drives may momentarily overwhelm defenses and find outlet in an isolated act, which may be unlawful and punishable. In this age period such acts do not always portend a bad prognosis; many of these youthful offenders attain permanent mastery of their impulses toward socially and legally unacceptable forms of sexual expression.

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