HOW JUNK SCIENCE ABOLISHED LEGAL PROTECTIONS

FOR WOMEN, CHILDREN, AND THE FAMILY

This website addresses you, as a “citizen lawyer,” a station all Americans were once expected to occupy because the common law was fixed, based on common experience and possible to know and to keep so that ignorance of the law was no excuse.¹  But the law has moved since the 1950s, via a coordinated operation by those with the stated mission to remove America’s founding law system, which was based on the Old and New Testaments, thereby destablilizing marriage by abolishing common law protections for women, children and the family.

The primary weapons for domestic destruction are Indiana University’s junk science Kinsey Reports and the Model Penal Code (ALI-MPC), produced by the highly regarded American Law Institute (ALI).  Kinsey’s data for Sexual Behavior in the Human Male (1948) and Sexual Behavior in the Human Female (1953) is the foundation for the ALI Model Penal Code.

Dr. Linda Jeffrey, Research Director for the RSVPAmerica Campaign, researched law journals and statutes in over thirty states, and still counting.  Her works has yielded compelling evidence to support the fact that Kinsey’s junk science has been used to subvert American law.  The fact is Kinsey is in our law today.  Dr. Linda Jeffrey used “content analysis” a military intelligence method to document the influence of Kinsey’s junk science on American penal law. 

LAW PROTECTS, TEACHES AND POINTS THE WAY

In 1765, William Blackstone, whose Commentaries on the Laws of England so influenced American jurisprudence, said, nature’s law and biblical law are the foundation for an ordered society.³  By 1998, however, “scientific” authority had superceded biblical/moral authority in American law. 

As evidence of the shift, in 1998, Justice Stephen Breyer notes, “law cases can turn almost entirely on an understanding of the underlying…scientific subject matter.”⁴  

If science guides law and if law guides conduct, then law guided by junk science can destroy social conduct.  As Justice Louis Brandeis says:

The conduct of life is to so large an extent determined by the existing legal institutions, that an understanding of the legal system must give you a clearer view of human affairs...and aid you in comprehending the conditions, and institutions by which you are surrounded.⁵  (Emphasis added)

Finally, while evolutionists claim cultural changes are mysterious chance encounters, author/historian, E. Michael Jones asserts cultural eras are commonly directed by faceless “men in a room somewhere,” rather like this 1939 Fortune Magazine cover. Today I will introduce you to some of the “men in a room,” who paved the way for the 60s sexual revolution and our current cultural and legal malaise.

THE 1948 CULTURAL CLIMATE

To evolutionists, culture drives law.  So, what was the cultural climate prior to 1948?  Stepping back in time, you be the judge.  The Bible is still a classroom textbook and the Ten Commandments are taught.  Student prayer is common and the pledge of Allegiance, a daily routine. Entertainment is generally “wholesome.” 

America’s “patriarchal” sex laws, as the feminists call them, favor protections for women and children.  Why?  Men are held to be legally and morally responsible for most, if not all sexual conduct.⁶   Seduction, alienation of affection, breach of promise, adultery, sodomy, cohabitation and fornication are criminalized in most states.⁷  

Rape and child molestation can result in fines, prison and even execution.⁸  “The marital act,” legal only within the “institution” of marriage, assures the orderly management of “human affairs.”

In the late 1930s two little girls were raped and murdered.  In response to widespread press reports, the nation demanded stronger enforcement of sex crime penalties and J. Edgar Hoover declared a “war on the sex criminal…a sinister threat to American childhood and womanhood.”⁹  Sex laws reflected national culture.

• Age of Consent was 18 years old in 16 states and 16 in most others.
• Seduction was illegal and a felony in states like California.
• Adultery was grounds for “fault” divorce, fines and/or prison in most states.
• Rapists could receive a few years, to Death, in 18 states and life in 22 others.
• Statutory Rapists could receive a few years, to Death, in 16 states.¹⁰

The South Carolina Law Review gallantly reported: “consent is not an element of statutory rape…[A minor] is regarded as resisting no matter what her state of mind, for the law is said to resist for her.”¹¹   And, a jury of ones peers was given all the evidence to consider for its verdict.

The “men in the room” will change all that.

On one day in 1947, in an unprecedented media blitz, 70% of the American press herald the Kinsey Reports-“The K-Bomb,”¹²  and the plan is engaged.  John Gagnon, a Kinsey Institute researcher, declares Kinsey’s “books were meant to [cause] social change.”¹³  James Jones, Kinsey’s biographer, reveals the Kinsey mission to end “Judeo-Christian” sexual repression.”¹⁴  

Immediately following the debut of the first Kinsey report, ACLU co-founder, Morris Ernst published one of four books calling for sex crime tolerance.  Ernst targeted “52” laws, like child rape, obscenity, sodomy, to lighten or abolish.¹⁵

Kinsey and Ernst,¹⁶ two of our “men in a room somewhere,” are joined by others: operatives, academics, progressive jurists, free-thinkers, psychiatrists, elite eugenicists and population controllers.

CHANGES IN LAW BASED ON JUNK SCIENCE

Kinsey’s employment of 9 pedophiles to sexually experiment on hundreds of infants and children, most under age 10, to document normal child eroticism is now well known.  The documentary you just saw, broadcast on the Fox Family Channel, noted additional frauds, especially Kinsey’s 87% aberrant male sample of 4,628 sexual outlaws (felons, homosexuals and “mentally ill” persons) versus 873 normal men.  These men became the male model for future sex law changes. The phony abortion and female statistics were also used to radicalize our sex laws.¹⁷   This influential study never met any accepted scientific standard.

ELIMINATING FATHER AS THE FOUNDATION OF THE FAMILY:
THE ANTI-FAMILY LEGAL ERA

Based on Kinsey’s data that fornication and adultery are common and harmless, that 95% of men are sex offenders under the common law, the office of father, as protector/defender/provider is crippled.  Morris Ernst (Kinsey’s and Margaret Sanger’s lawyer) tells the legal and academic profession:

The whole of our laws and customs in sexual matters is...to protect the family, and at the base of the family is the father [who Kinsey reveals is] quite different from anything the general public had supposed...¹⁸

But, was father so different?  Tom Brokaw paints a very different picture than Kinsey of the men of The Greatest Generation :

Faith in God was…part of the lives of the WW II generation...They stayed true to their values of personal responsibility, duty, honor, and faith…[Those] outside their families reminded them of the ethos of their family and community.¹⁹

Kinsey’s smear of 95% of American fathers as sex offenders undermined father as a moral authority.  The view of manliness, evidenced as a duty to protect women and children, began to shift, as statistics of widespread unmarried sexual activity shook the nation’s trust in father and in one another.

Emboldened by Kinsey’s data, Playboy is published in 1953 when the Female Report says mom and “the girl next door” also fornicate and commit adultery.  During the time that Kinsey was reporting this licentious activity, abortion was criminal and contraception restricted.  Yet, public health data cite miniscule rates of rape, venereal disease, illegitimacy or divorce (a common result of adultery). 

THE AMERICAN LAW INSTITUTE’S MODEL PENAL CODE

BRINGS THE KINSEY REPORTS’ NEW STANDARDS

OF SEXUAL NORMALITY TO ALL AMERICAN STATES

The American Law Institute, initially launched in 1923 was established by legal luminaries and gliteri as an educational arm of the American Bar Association. The ALI Model Penal Code was funded by the Rockefeller Foundation, as were the Kinsey Reports.  The Model Penal Code schematic handout which you have to examine at your leisure, illustrates how Kinsey’s evolutionary sexuality “abolished” common law supports for marital stability.²⁰  

Prior to the ALI Code,²¹ Kinsey and other Code authors, methodically advised state “Sex Offense Commissions:” New York (1939), New Jersey (1949), California (1949), Illinois (1953) and others.  These commission findings became the foundation of the American Law Institute Model Penal Code of 1955.

Kinsey testified in 1949 to California’s “Subcommittee on Sex Crimes” that his “sample…represent[s] the total [male] population” that 95% of men are sex offenders.  This false testimony moved the California committee to call for reducing rather than strengthening sex crime penalties.²²  

The Introduction to the “Illinois Commission on Sex Offenders” in 1953 states, “The Kinsey findings… permeate all present thinking on this subject.”²³  Kinsey advised the commission, which concluded that a “cultural tendency to overprotect women and children” is more “detrimental” to victims than are sex crimes.

In order to reduce crime, a formal recommendation by the Illinois Commission was to “minimiz[e] the publicity given to sex crimes.”  This illuminates the FBI decision in 1958 to purge all of their statutory rape data from their Uniform Crime Report, and to eliminate data on sex crimes against children under age 12 from the Department of Justice data base.

In 1965 the misguided Commission would implement “sex education” in all school districts, as the best “step in [sex] crime prevention which Illinois can make .”²⁴  

Morris Ploscowe ²⁵ New York Magistrate advised the 1939 “Mayor’s Committee for the Study of Sex Offenses.”  MPC author Paul Tappan earned his spurs writing the 1950 “New Jersey Commission Habitual Sex Offender” report.  Tappan thanked Kinsey and Ploscowe for “frequent and extended consultations:”

As revealed in his [Kinsey’s] data and in his conferences with the Commission, behavior in conflict with our legal and moral codes is exceedingly common.²⁶

In 1948 Morris Ernst declared “every page of the Kinsey Report touches on some section of the legal code.”  In 1952, Columbia law professor Herbert Wechsler in The Harvard Law Review , called for “science-based” legal reform via a Model Penal Code.

Wechsler was joined by Poscowe, Tappan and attorney Louis Schwartz, as authors of the ALI-MPC.

Judge Ploscowe parrots Kinsey, that “a total clean-up of sex offenders” would “ put 95% of the male population in jail .”²⁸  The 95% statistic was used by state drafting committees and the like to say that since everyone is a sex offender, sex crime penalties are illogical.

Like Kinsey’s false 10% to 37% homosexuality statistic that launched the “gay rights” movement,²⁹  this too will change our culture.

Law professor Louis Schwartz had envisioned how the Kinsey data might change our laws:

Sexual penal reforms can…eventually…[be] eased…into the written law…presenting the changes in a context of merely technical improvements .³⁰ 

The ALI-MPC has guided many state reform committees to reduce sex crime penalties. Schwartz comments on his pioneering role in sex law:

[People resist when] smaller numbers of articulate opinion-makers launch an open attack on the old…traditional faith…If I must make a moral judgment, it is in favor of the individual visionaries who are willing to pay the personal cost to challenge the old moral order.³¹ 

ALI-MPC “SEX OFFENSES” “ABOLISH” COMMON LAW

PROTECTIONS³²  FOR WOMEN AND CHILDREN

Ernst, intimate also of FDR, Brandeis, Brennan, Frankfurter and Learned Hand, declares that; “Kinsey ended an era.”  Ernst addressed the legal profession:

[N]o bar association, law school journal, or lawyers’ committee can consider laws…on sexual matters without reference to the Kinsey study. Kinsey’s first volume ended an era.  [It is] the single greatest contribution of science to the...law in my lifetime.³³ 

100% of the ALI-MPC “Sex Offenses” footnotes for the normality of sexual promiscuity cite to Kinsey.  The MPC was sent to state legislatures which adopted it all or in part from 1955 to 1980, ending the common law era.

THERAPY REPLACES PUNISHMENT

Dr. Manfred Guttmacher, head of the Group for the Advancement of Psychiatry or GAP, was an MPC advisor.  Guttmacher convinced the Code’s chief author, Herbert Wechsler, that therapy should replace punishment in the law.³⁴  It has.

GAP also instructs the legal community that for children, “full responsibility for sexual behavior” should begin at the “age of 7.”³⁵  Citing to Kinsey for GAP’s sex offender recommendations:

Kinsey’s findings were the points by which we steered.  The debt that society will owe to Kinsey and his co-workers for their research on sexual behavior will be immeasurable.³⁶   

SEXUAL BEINGS FROM BIRTH
THE “FOUR OR FIVE” YEAR OLD SEDUCTRESSES

Kinsey asserts their data show sex offenders seldom repeat their crimes and that sexual promiscuity does not produce sex crime, disease or divorce.  For the first time in American history sexual conduct becomes privatized in the law.  Immoral behavior is reclassified as having no public health consequences.³⁷  Because, Judge Ploscowe explained, one must fulfill ones natural “human need”:³⁸   

[E]nforcement of the prohibitions of sex legislation [are a] failure … out of touch with the realities of [life], and…inherently unenforceable…the law attempts to forbid an activity which responds to a wide human need.³⁹

By 1966, Ploscowe’s “wide human need” theory, running counter to pre-1948 statutory rape laws, would include pubescent girls, because he says:⁴⁰  

[A] girl at puberty fully understands...sexual intercourse and the fiction of non-consent, which the law sets up, does not correspond to the facts.

Prolific law and psychiatry author, Ralph Slovenko, takes Ploscowe’s “wide human need” theory even further:

Even at the age of four or five, this [female] seductiveness may be so powerful as to overwhelm the adult into committing the offense.  The affair is therefore not always the result of the adult’s aggression; often the young female is the initiator and seducer.⁴¹  (emphasis added)

The Kinsey Reports give Guttmacher and Slovenko, “men in the room,” “scientific data” to cause “ a downward revision of the penalties presently imposed on sex offenders.”⁴²  As even pedophiles yield only to a “wide human need”⁴³ punishment is eliminated for the most violent sex offenders.

TODAY’S STATE LAWS REFLECT ALI’s ALI-MPC/KINSEY JUNK SCIENCE

Dr. Jeffrey’s research documents that state law revisions reflect the Model Penal Code in language and intent.  Kinsey’s data are important today. Kinsey is in the law.  Where marital coitus was earlier the only lawful sexual congress, and rape could get death in 18 states and life in 22 others, many state have dropped the term “rape” from their law. 

• 1983 The New Jersey Law Journal : “[T]he older term “rape” was fraught with negative emotion and unrealistic for this era…There is no justification for the perception that the female is a unique creature, harmed in some unique way by untoward sexual behavior.”⁴⁴ 
• 1976 Maine Law Review: “Only threats of serious bodily injury, kidnapping, or death will suffice to make out the crime of rape.”⁴⁵
• 1969 The Georgia Law Review : Child molestation is a “relatively minor crime…[the] absurdity of enforcing most of our sex laws…should be obvious, even to the most prudish Neo-Puritans.”⁴⁶
• 1973 Missouri Revision Commission : Rape and child abuse “carry extremely severe punishment…Those few who are punished are dealt with cruelly, to the satisfaction of no one except a shrinking frenetic fringe of maniacal moralists.”⁴⁷  
• And, adds Missouri, the label “rapist should not be used in the statutory non consent cases…The Code reserves that term for the most heinous sexual offender…For, one may have sex with a “fully consenting…social companion ...of 12 years of age.”  (Now official consent is at age 14).⁴⁸

Current rape penalties are trivial.  In complex, gradated laws on “age of consent” even the youngest victims (age four in Georgia) are really on trial.  To prove an authentic rape, a little child must substantiate additional proofs of “force.”

The practical results? In 1990, the American Bar Association reported that 80% of convicted child molesters plea-bargain and serve no prison time.⁴⁹  Commonly, the felon, as recommended by the legal elite, receives “treatment for his sexual orientation to children”⁵⁰ at taxpayer expense.

“Pedophiles comprise the largest class of sex offenders,” says The Georgia Law Review, which, having been advised by Kinsey, recommends that child molesters “should be released on probation” or after paying “a small fine” if they didn’t use “physical force.”⁵¹ 

The Kinsey Reports are the only “scientific” research claiming to “prove” children are erotic from birth and desirous of sexual acts.  Despite governmental organizations lamenting pandemic child sexual abuse, compromise is visible.  Data on sexual abuse of children under age 12 were absent until 2000 from the U.S. Department of Justice longitudinal data while, as noted, the FBI has purged all post 1958 statutory rape data.⁵²  There are always those who agree that four-year-olds “may...be the seducers” of older men.⁵³ 

THE PURPOSE OF THE ALI MODEL PENAL CODE—TO REDUCE CRIME

In his 1952 Harvard Law Review article, Wechsler calls for a MPC because the high crime rate proves common laws are ineffective and “unscientific.”⁵⁴  By the 1970s most state codes on violent crime had been relaxed while violent crime increased 993% from 1976 to 1999.  It would seem that Professor Wechsler’s MPC mission to reduce crime has not been met. 

The 5.1% increase in the child population from 1976 to 1999 does not explain skyrocketing levels of sex crimes, venereal diseases, illegitimacy and abortions.  The liberalization of all of our sex laws does.  Note the statistics regarding protections for women and children:⁵⁵

• 70% more murder
• 416% more forcible rape
• 5,171% more confirmed Child Sex Abuse
• 15,866% more reported Child Sex Abuse⁵⁶

• 67% sex abuse victims are children under 18
• 64% forced sodomy victims are boys under 12
• 19,000 “in school” rapes and sex assaults in 1999
• 350,000 child prostitutes in 1999⁵⁷

CONCLUSION

Indiana Law School Dean, Frank Horack, Jr. forecasts Kinsey’s impact on the legal profession in a 1950 Illinois Law Review :

The principal impact of the Kinsey Report will be on...the law...[aiding] police officers, prosecutors, judges, probation officers and superintendents of penal institutions [in] judging individual cases.  Officials will read it.  Defense counsel will cite it…Even when not offered into evidence, it will condition official action.  Psychiatrists, psychologists, penologists, juvenile and probation officers...They will use the data and their professional advice will be heeded by the judge. Here the Report will control many decisions and dictate the disposition and treatment of many offenders.⁵⁸ 

Westlaw , America’s prestigious law journal database, launched in 1982, cites over 700 law journal articles from 1982 to 2000 to Kinsey,⁵⁹ while in academe, Kinsey is cited 1.5 x more than Masters & Johnson. 2 x more than Freud and 4 x more than Paiget.

Two US Supreme Court Justices commented on what could be done about laws changed, or cases decided, based on junk science.  Each held that such laws could, and should, be challenged and recalled. 

People often parrot, “you can’t legislate morality–culture drives law.”  The Wall Street Journal reported that in response to rampant AIDS, in Tanzania, sexual conduct would be punished in a culture with no previous sexual limits.  Tanzania now bans pornography, bawdy dances, night trysts.  “Within two years teachers report a decrease in schoolgirl pregnancy.”  The AIDS committee chairman states, “We’re penalizing people less often because almost everyone is behaving better.”⁶⁰  

The Kinsey reports are a very weak link for the anti-family forces.  State legislators and other state leaders are being educated about the changes to our laws based on Kinsey’s junk science to see, if there are a “few men in a room somewhere.” who would mount an offensive to restore legal protections for women and children. 

ENDNOTES & DISCUSSION

¹⁷Indiana University and mass media endorsements have been vital to both Kinsey’s credibility and to the mushrooming American field of human sexuality, which Kinsey founded.  But, the truth is a stubborn thing. Indiana University continually and falsely marketed Kinsey as a conventional, mid-western academic family man. On October 13, 1997, the National Review reported that the “sexual revolution” faced a potentially serious setback were it known that the father of the American field of human sexuality is a pornographically obsessed, impotent homosexual psychopath who died prematurely with complications from orchitis, a result of the barbaric abuses he routinely inflicted upon his reproductive organs.  Kinsey’s early death is the sexual revolution, writ large.

No amount of polish can now obscure the fact that Kinsey is not the unbiased, detached and conventional sex researcher IU presented to America.  In a 1997 New Yorker article, James Jones, the Rockefeller fellow who wrote his thesis on the Kinsey Institute, reported that Kinsey, as a closeted homosexual, engaged in reckless sadistic and public sex acts with his male students, research subjects and co-workers.   He put his wife, his colleagues and their wives in sex films made in the attic of his Bloomington family home.  His obsessive use of obscenity in association with his masochistic and sadistic self-abuse appears to have hastened His early demise. 

Again, briefly, the sexual revolution stood on the Reports’ revelations that our parents are hypocritical sexual adventurers, who lied to us about their chastity and thus their religious beliefs.

But Kinsey’s data met no scientific standard.  It is now known that Kinsey directed 9 pedophile “observers” in sexual atrocities on up to 2,035 infants and children.  Beyond this, the Male data published in 1948--and republished in 1998--are scientifically fraudulent. 

Hiding the aberrant and purged men, Kinsey claimed 95% of “normal” American husbands, fathers, uncles, brothers are sex offenders: 69% use prostitutes, 85% “fornicate,” 50% are adulterers and 10-37% are part or full-time homosexuals, justifying Playboy’s recreational sex and Hay’s homosexual movement. 

²⁶ Report and Recommendations of the Commission on the Habitual Sex Offender as Formulated by Paul W. Tappan, Technical Consultant, February 1, 1950, at 18.

• Set the age at which teen-agers could legally consent to sex
• Allowed municipalities to establish “zones” for live sex shows and pornography
• Legalized incest over the age of 16
• Legalized necrophilia and sodomy
• Legalized adultery, fornication, promiscuity, and seduction resulting in pregnancy. Reduced penalties for the sale of commercial consumer sex (prostitution).