Page:The Kiss and its History.djvu/78

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defines how he arrives at this conception. It can only be actionable in the case of a party having some consciously unchaste intention when he kissed, or in the case of an osculum luxuriosum or libidinosum—in such cases only can a verdict be brought in of what, according to Roman law, is termed crimen osculationis, and in no other case can the wrong-doer be punished by fine or imprisonment, propter voluntatem perniciosæ libidinis. The punishment, however, should be proportioned in severity according to the rank of the injured party. In the case of a nun or a married woman it ought to be most severe; less severe if the lady be unmarried but betrothed, and mildest when she is neither married nor betrothed.

But if the unchaste intention cannot be distinctly proved, the woman has no grounds for complaining of any sort, and, in accordance with the procedure of the German courts, the kiss is to be considered innocent till the contrary is proved.

Our jurist thus takes a really liberal view in the case of a "kiss taken by force"; he may almost be said to regard it as eine grosse Kleinigheit (an unimportant trifle).

With regard to the question of a woman's