American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles—either as entirely sexless beings or victims or objects of harmful adult sexual conduct—so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. Children, Sexuality, and the Law reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. This work also explores whether and when children have a right to expression as understood within the First Amendment. The first volume of its kind, Children, Sexuality, and the Law goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.
Despite the advent of new sexual knowledge, new perspectives, and even new experiences, we do not routinely or habitually reflect on the interface of social and legal dimensions of sexuality. Rather, the law is periodically reviewed in response to some crisis or campaign. The idea for this book thus came from awareness that it is important to explore some of the social and moral censures, contours and controversies that shape and mark the boundaries of sexuality. The production of the book has coincided with a major review and new legislation concerning sexual offenses, fuelling the authorsâ?? concerns and making their explorations timely. The book examines the following areas: the development of sexuality and the right to define oneâ??s sexuality; genetic maps and sexual politics; sexuality and same sex relationships in law; the law in relation to intersecting oppressions concerning lesbians, gay men and transgendered people; the sexual abuse of children and the limitations of the law; the contours of regulation concerning young people, sexual health and prostitution; sexual freedoms versus protectionist debates; sexuality, desire and embodied performances in the workplace; sexuality, film and the law; and the law on sexuality in the everyday practice of the Care Standards Tribunal. The book also reviews the recent reform of sexual offenses and examines the current vogue for psychological treatment interventions for sexual offenders. This book offers a highly original and exciting new exploration of contemporary socio-legal issues in relation to different positions on sexuality.
Gain an understanding of the threat to freedom that is posed by state regulation of adolescent sexual behavior Sexual autonomy encompasses both the right to engage in wanted sexual activity and the right to be free and protected from unwanted sexual aggression. Only when both aspects of adolescents’ rights are recognized can human sexual dignity be fully respected. In Adolescence, Sexuality, and the Criminal Law, experts from several disciplines use case studies, legal analysis, empirical examinations, and tables and figures to provide you with an insightful contribution to the debate surrounding child sexual abuse. Much has been written about the undisputedly essential fight against child sexual exploitation. In Adolescence, Sexuality, and the Criminal Law, experts investigate for the first time what distinguishes the sexual contacts of adolescents from those of children and why they should be treated separately. This updated version of the papers delivered to the International Association for the Treatment of Sex Offenders in 2002 is an essential guide for lawmakers, sexologists, psychologists, and lawyers interested in an interdisciplinary approach to adolescent sexuality and the criminal law. This resource carefully examines child sexual abuse laws that fail to distinguish between children and adolescents. The text includes discussions of the history of the age of consent, adolescent sexuality, relations between adolescents and adults, and adolescent prostitution and pornography that will leave you better informed about the sexual rights of adolescents and the criminal politics of youth protection. Adolescence, Sexuality, and the Criminal Law examines adolescent sexuality and the various policies that threaten adolescents’ autonomy, including: the question of youthful sexuality and how society has attempted to deal with it recent attempts to deny youthful sexuality through abstinence or changes in the law intergenerational sexual interaction child pornography and much more! As the debate surrounding child sexual abuse laws escalates, the value of this authoritative and timely text will continue to increase. Whether you are a lawmaker, a sexologist, a social worker, a lawmaker, or a lawyer, Adolescence, Sexuality, and the Criminal Law is a resource that you’ll return to again and again as you work to understand the importance of adolescent sexual rights.
The Age of Consent; Young People, Sexuality and Citizenship addresses the contentious issue of how children's sexual behaviour should be regulated. The text includes: ·A unique history of age of consent laws in the UK, analysed via contemporary social theory ·A global comparative survey of age of consent laws and relevant international human rights law ·A critical analysis of how protectionist agendas shaped new age of consent laws in England and Wales in the Sexual Offences Act 2003 ·In-depth theoretical discussion of the rationale for age of consent laws ·An original proposal to reduce the age of consent to 14 for young people who are less than two years apart in age Responding to contemporary concerns about young people's sexual behaviour, sexual abuse and paedophilia, this book will engage readers in law and socio-legal studies, sociology, history, politics, social policy, youth and childhood studies, and gender and sexuality studies; and professionals and practitioners working with young people.
Based on Nick Dubin's own experience, and drawing on the extensive knowledge of Dr Tony Attwood and Dr Isabelle Hénault, this important book addresses the issues surrounding the autism spectrum, sexuality and the law. The complex world of sex and appropriate sexual behaviour can be extremely challenging for people with autism spectrum disorder (ASD) and, without guidance, many find themselves in vulnerable situations. This book examines how the ASD profile typically affects sexuality and how sexual development differs between the general population and those with ASD. It explains the legalities of sexual behaviour, how laws differ from country to country, and the possibility for adjustment of existing laws as they are applied to the ASD population. With advice on how to help people with autism spectrum disorder gain a better understanding of sexuality and a comprehensive list of resources, the book highlights the need for a more informed societal approach to the psychosexual development of people with ASD. A ground-breaking and honest account, this book will be an invaluable addition to the shelves of parents of children with ASD, mental health and legal professionals, teachers, carers and other professionals working with individuals on the spectrum.
Argues that cultural conceptions of children – and childhood – played a key role in legalizing gay marriage Legally Straight offers a critical reading of the legal debates over lesbian and gay marriage in the United States. The book draws on key judicial opinions to trace how our understanding of heterosexuality and marriage has changed. Upon closer inspection, it seemed that the cultural value of marriage was becoming tarnished and the trouble appeared to center on one very specific issue: reproduction. As opponents of lesbian and gay marriage emphasized the link between marriage and accidental pregnancy, the evidence mounted, the arguments proliferated, and resistance began to turn against itself. Heterosexuality, it seemed for a moment, was little more than a set of palliative prescriptions for the worst of human behavior, and children became the victims. It thus became the province of the courts to reinforce the cultural value of marriage by resisting what came to be known as the “procreation argument,” the assertion that marriage exists primarily to regulate the unruly aspects of heterosexual reproduction. Cultural conceptions of children and childhood were being put at risk as gays and lesbians were denied marriage, so that writing lesbian and gay families into the marriage law became the better option.
Winner of the 2013 Bullough Award presented by the Foundation for the Scientific Study of Sexuality The term “intersex” evokes diverse images, typically of people who are both male and female or neither male nor female. Neither vision is accurate. The millions of people with an intersex condition, or DSD (disorder of sex development), are men or women whose sex chromosomes, gonads, or sex anatomy do not fit clearly into the male/female binary norm. Until recently, intersex conditions were shrouded in shame and secrecy: many adults were unaware that they had been born with an intersex condition and those who did know were advised to hide the truth. Current medical protocols and societal treatment of people with an intersex condition are based upon false stereotypes about sex, gender, sexual orientation, gender identity, and disability, which create unique challenges to framing effective legal claims and building a strong cohesive movement. In Intersexuality and the Law, Julie A. Greenberg examines the role that legal institutions can play in protecting the rights of people with an intersex condition. She also explores the relationship between the intersex movement and other social justice movements that have effectively utilized legal strategies to challenge similar discriminatory practices. She discusses the feasibility of forming effective alliances and developing mutually beneficial legal arguments with feminists, LGBT organizations, and disability rights advocates to eradicate the discrimination suffered by these marginalized groups.
‘Rediscovering’ the peculiarity of feminist perspectives, rather than examining the broader range of gender-oriented analyses, in the area of legal regulation and sexuality, this edited collection avoids the ‘reductionist' and 'essentialist' shortcomings of ‘feminism unmodified’. With a substantial introductory chapter, written by the editors, summarizing the state of the law on core aspects of sexuality and providing a critical appraisal of the key themes and concerns, it analyzes and transcends the traditional dichotomised thinking (e.g coercion/choice, victim/agent) about the regulation of gender issues. It addresses a broad range of key themes including: crime the family and child contract law jurisprudence public and international law. Offering a space in which to re-vitalize a feminist conception of sexuality, this book is an essential read for law students interested in the legal implications of gender and sexuality.
Subtitled `The enforcement of morals in Classical Athens' this book focuses on the examination of the social and legal context of adultery, homosexuality, impiety, and the public-private dichotomy in Athenian society. Through his comparative and historical study, Cohen develops a view of classical Athenian society which emphasizes the study of social control as the dynamic interplay of legal and social norms within the context of ideology and practice.
A study of children's sexual development that begins with the fetus and extends through puberty, with accounts by children of their sexual experiences, behavior, and attitudes.
In the past 20 years, the progressive uncovering of child sexual abuse in institutional settings has reverberated across the globe with simultaneous investigations across Europe and the English-speaking world. However, most books on child sexual abuse are narrowly focused and do not situate this most distressing of human behaviours within a social or historical context. Children, Sexuality, and Child Sexual Abuse examines child sexual abuse from a broader perspective in order to understand how and why child sexual abuse is perpetrated, by whom, under what circumstances, and with what societal consequences for victims and perpetrators. This book will be an essential reference for all those working in the field of child sexual abuse. Beginning with histories of childhood and sex, and their intersections, the book goes on to analyze sexual development, sexuality, and sexualized behaviour in children and adolescents. This is followed by an examination of the extent of child sexual abuse in the English-speaking world, including its prevalence in the Indigenous communities of Australia, New Zealand and Canada, and in once-trusted societal institutions including the Church, orphanages, and schools. The book focuses on issues of concern to all those who encounter the problem of child sexual abuse and addresses questions such as: How and when do children disclose child sexual abuse? What are the characteristics of memory that affect reporting? How are disclosure claims assessed? What are the effects of having experienced child sexual abuse? Finally, there is an examination of young people who offend sexually.
This book explores how children engage with sex and sexuality. Building on a conceptual and legal grounding in sexuality studies and the new sociology of childhood, the authors debate the age of consent, teenage pregnany, sexual diversity, sexualisation, sex education and sexual literacy, paedophilia, and sex in the digital age. Whilst Moore and Reynolds recognise the necessity of child protection and safeguarding in the context of risk, danger and harm, they also argue that where these stifle children's sexual knowledge, understanding, expression and experience, they contribute to a climate of fear, ignorance and bad experiences or harms. What is necessary is to balance safeguarding with enabling, and encourage judicious understandings that advance from a rigid developmental model to one that recognises pleasure and excitement in children's nascent sexual lives. Exploring that balance through their chosen issues, they seek to encourage changed thinking in professional, personal and academic contexts, and speculate that children might teach adults something about the way they think about sex. Childhood and Sexuality will be of interest to students, scholars and professionals across a range of subjects and disciplines including sociology, social work, criminology, and youth studies.
In the first half of the twentieth century, Americans' intense concern with sex crimes against children led to a wave of public discussion, legislative action, and criminal prosecution. Stephen Robertson provides the first large-scale, long-term study of how American criminal courts dealt with the prosecution of sexual violence against children. Robertson describes how the nineteenth-century approach to childhood as a single phase of innocence began to shift at the end of the century to include several stages of childhood development, prompting reformers to create legal categories such as statutory rape and carnal abuse to protect children. However, while ordinary New Yorkers' involvement in the prosecution of those offenses reshaped their understandings of who was a child and produced a new concern to establish the age of their sexual partners, their beliefs in childhood innocence and in a concept of sexuality centered on sexual intercourse remained unchanged. As a result, families' use of the law and jurors' decisions ultimately diminished the protection the new laws offered to children. Robertson's study, based on the previously unexamined files of the New York County district attorney's office, reveals the importance of child sexuality and sex crimes in twentieth-century American culture.
The act of reproduction, and all of its variants, have been practiced in roughly the same ways since the beginning, but our ideas about the meaning and consequences ¬of sex are in constant flux. At any given point in time, some forms of sex have been encouraged, while others have been punished without mercy. Jump forward or backward a century, or cross a border, and the harmless fun of one society becomes the gravest crime in another. Beginning at the point when courts guarded the sanctity of the “family home” by permitting men to rape their wives, continuing on through the “sexual revolution,” a period that transformed traditional notions of childhood and marriage, and extending into the present day (where debates surrounding gay marriage, sex trafficking, and sex on the internet are part of our daily lives), Berkowitz explores the ways nearly every aspect of Western sexual morality has been turned on its head, with the law always one or two steps behind. By focusing on the experiences of real people who played central roles in the formation of our sexual rights, Berkowitz adds a compelling human element to what might otherwise be faceless legal battles—ultimately arguing that compassion for others is always preferable to sanctimonious condemnation, and that questions about morals and sexual laws are too complicated and volatile to resolve through simple, catch-all solutions.
This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-gay rights measures that have been adopted in various statutes such as North Carolina.
‘Rediscovering’ the peculiarity of feminist perspectives, rather than examining the broader range of gender-oriented analyses, in the area of legal regulation and sexuality, this edited collection avoids the ‘reductionist' and 'essentialist' shortcomings of ‘feminism unmodified’. With a substantial introductory chapter, written by the editors, summarizing the state of the law on core aspects of sexuality and providing a critical appraisal of the key themes and concerns, it analyzes and transcends the traditional dichotomised thinking (e.g coercion/choice, victim/agent) about the regulation of gender issues. It addresses a broad range of key themes including: crime the family and child contract law jurisprudence public and international law. Offering a space in which to re-vitalize a feminist conception of sexuality, this book is an essential read for law students interested in the legal implications of gender and sexuality.
In exploring an array of intimacies between global migrants Nayan Shah illuminates a stunning, transient world of heterogeneous social relations—dignified, collaborative, and illicit. At the same time he demonstrates how the United States and Canada, in collusion with each other, actively sought to exclude and dispossess nonwhite races. Stranger Intimacy reveals the intersections between capitalism, the state's treatment of immigrants, sexual citizenship, and racism in the first half of the twentieth century.
Law, crime, and sexuality transcends the traditional fragmentation of sociology, criminology, socio-legal studies, and feminist theory and philosophy. It enables readers to draw on aspects from each discipline and see how various themes and discussions are related. Compiled specifically for students' needs, the essays show that theory need not be too hard or too inaccessible, and help students to understand the law in conceptual terms while enabling them to become fully aware of the extent to which the law is implicated in our everyday lives.

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