The crime of rape may follow the murder of the victim.[1] There may be unintentional murder, murder to destroy the only witness of the crime, or murder out of lust (v. supra). Only for cases of the latter kind should the term lust-murder[2] be used.
The motives of lust-murder have been previously considered. The cases given in illustration are characteristic of the manner of the deed. The presumption of a murder out of lust is always given when injuries of the genitals are found, the character and extent of which are such as could not be explained by merely a brutal attempt at coitus; and, still more, when the body has been opened, or parts (intestines, genitals) torn out, and are wanting.[3]
Lust-murders dependent upon psychopathic conditions are never committed with accomplices.
Case 184. Weak-mindedness, Epilepsy. Attempt at Rape; Murder.—On the evening of May 27, 1888, an eight-year-old boy, Blasius, was playing with other children in the neighborhood of the village of S. An unknown man came along and enticed the boy into the woods. The next day the boy's body was found in a ravine, with the abdomen slit open, an incised wound in the cardiac region, and two stab-wounds in the neck.
Since, on May 21st, a man, answering to the description given of the murderer by the children, had attempted to treat a six-year-old girl in a similar manner, and had only accidentally been detected, it was presumed to be a case of lust-murder. It was proved that the body was found in a heap, with only the shirt and jacket on; also, that there was a long incision in the scrotum.
Suspicion fell upon a peasant, E.; but, on confrontation with the children, it was not possible to identify him with the stranger who had enticed the boy into the woods. Besides, with the help of his sister, he proved an alibi. The untiring efforts of the officers brought new evidence to light, and finally E. confessed. He had enticed the girl into the woods, thrown her down, exposed her genitals, and was about to abuse her; but, as she had an eruption on her head, and was crying loudly, his desire cooled, and he fled.
After he enticed the boy into the woods, with the pretext of show-