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.
‘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.
First Published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.
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.
Offering an insight into the evolving state of law and childhood studies in the modern age, the latest volume in the Current Legal Issues series brings together an international and interdisciplinary cast to address the key issues informing current debates.
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.
This is a study of the legal rules affecting the practice of female prostitution at Rome approximately from 200 B.C. to A.D. 250. It examines the formation and precise content of the legal norms developed for prostitution and those engaged in this profession, with close attention to their social context. McGinn's unique study explores the "fit" between the law-system and the socio-economic reality while shedding light on important questions concerning marginal groups, marriage, sexual behavior, the family, slavery, and citizen status, particularly that of women.
From Huckleberry Finn to Harry Potter, from Internet filters to the v-chip, censorship exercised on behalf of children and adolescents is often based on the assumption that they must be protected from “indecent” information that might harm their development—whether in art, in literature, or on a Web site. But where does this assumption come from, and is it true? In Not in Front of the Children, Marjorie Heins explores the fascinating history of “indecency” laws and other restrictions aimed at protecting youth. From Plato’s argument for rigid censorship, through Victorian laws aimed at repressing libidinous thoughts, to contemporary battles over sex education in public schools and violence in the media, Heins guides us through what became, and remains, an ideological minefield. With fascinating examples drawn from around the globe, she suggests that the “harm to minors” argument rests on shaky foundations.
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.
Analyzing key examples of the sexual and familial regulation (through the law) of girls and women in twentieth-century Canada, this work explores the ways in which class, race, and gender shape the definition and punishment of criminality. It also examines the changing social and legal definitions of "normal" versus "criminal" sexual and family relationships, using case studies of incest, childhood sexual abuse, wife assault, prostitution, girls in conflict with the law, and Native women and the law.
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.
First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.
This work examines the evolution of law and legal method, and challenges the law's claim to neutrality by examining its role in creating and reproducing inequality between the sexes. It considers many of the current debates, and in each, the law is stated with reference to recent developments in statute and judicial decisions in the UK and other jurisdictions. The author illustrates how each issue is shaped by the current political climate and, where relevant, by the European Court. Reference is also made to US and Australian case law. The book should be of interest to students studying women and the law, family law, criminal law and jurisprudcence, as well as those on criminology and sociology courses. It should also be useful to family and criminal practitioners.
Sexual drives are rooted in biology, but we don't act on them blindly. Indeed, as the eminently readable judge and legal scholar Richard Posner shows, we make quite rational choices about sex, based on the costs and benefits perceived. Drawing on the fields of biology, law, history, religion, and economics, this sweeping study examines societies from ancient Greece to today's Sweden and issues from masturbation, incest taboos, date rape, and gay marriage to Baby M. The first comprehensive approach to sexuality and its social controls, Posner's rational choice theory surprises, explains, predicts, and totally absorbs. Table of Contents: Introduction Part One: The History of Sexuality 1. Theoretical Sexology The Development of the Field Social Constructionism (with a Glance at Gender Disorders) Other Threads in the Multidisciplinary Tapestry 2. Autres Temps, Autres Moeurs/foreign word The History of Western Sexual Mores The Sexual Mores of Non-Western Cultures 3. Sexuality and Law Part Two: A Theory of Sexuality 4. The Biology of Sex The Biological Basis and Character of "Normal" Sex The Biology of "Deviant" Sex Conclusion and Critique 5. Sex and Rationality The Benefits of Sex The Costs of Sex Complementarity of Sexual Practices 6. The History of Sexuality from the Perspective of Economics Greek Love and the Institutionalization of Pederasty Monasticism, Puritanism, and Christian Sex Ethics Swedish Permissiveness Three Stages in the Evolution of Sexual Morality 7. Optimal Regulation of Sexuality The Model of Morally Indifferent Sex Elaborated The Externalities of Sex Incest and Revulsion The Efficacy of Sexual Regulations Designing an Optimal Punishment Scheme for Sex Crimes The Political Economy of Sexual Regulation 8. Moral Theories of Sexuality Are Moral Theories Falsifiable? Christian and Liberal Theories of Sex Sexual Radicals Part Three: The Regulation of Sexuality 9. Marriage and the Channeling of Sex Restrictions on Marrying Regulating Nonmarital Sex 10. The Control of Pregnancy Contraception Abortion 11. Homosexuality: The Policy Questions The Phenomenon Reconsidered Relations between Consenting Adults: Sodomy Laws and Homosexual Marriage Discrimination against Homosexuals, with Particular Reference to Military Service 12. The Sexual Revolution in the Courts From Griswold v. Connecticut to Roe v. Wade Bowers v. Hardwick and Beyond 13. Erotic Art, Pornography, and Nudity The Economy of Erotic Representation The Social Consequences of Pornography Deciding What-If Anything-to Punish 14. Coercive Sex Sexual Abuse of Adults Sexual Abuse of Children 15. Separating Reproduction from Sex Adoption Artificial Insemination and the Issue of Surrogate Motherhood Eugenics and Population Conclusion Acknowledgements Index Reviews of this book: [Posner] is one of the most distinguished and prolific legal thinkers of his generation [and this is an] extraordinary book...Like [George Bernard] Shaw, he combines a passion for exposing humbug and pseudo-profundity with an odd but genuine sort of social compassion, a delight in shocking the self-righteous with a love of human diversity and freedom...We will remember, and profit by, the wit and the courage of his attacks on bigotry, folly, and cruelty. --Martha C. Nussbaum, New Republic Reviews of this book: An incisive tour through theories of sexuality and legal regulation of such matters as marriage, pregnancy, homosexuality, sexual revolution in the courts, erotic art, pornography and nudity, sexual abuse, and the separation of reproduction from sex...At a time when intellectual shoddiness permeates our highest court, [Posner] is a true philosopher of law. --Carlin Romano, Washington Post Book World
In cases where minimal or no physical evidence exists, behavioral evidence may be all that investigators have available to help them focus the investigation. It may be the only aspect of the case that can link one unsolved case to another, or to numerous other unsolved cases. Sexually Motivated Crimes: Understanding the Profile of the Sex Offender and Applying Theory to Practice discusses the dynamics and behaviors associated with sex offenders and explains their direct application to both the criminal investigation and to society. Content chapters include an introduction to the subject matter, a discussion of the existing research and literature regarding the issue, and an explanation of the topic’s importance and application through practical illustrations. These chapters are followed by actual case studies that illustrate practical application of the content. The book presents the foundational concepts of the nature of criminal sexuality and then explores: The importance of recognizing nuisance offenses—commonly dismissed by police officers—as a precursor to more serious crimes of violence Essential literature pertaining to rapists, including basic motivations, typologies, methods of approach, and levels of force, as well as the importance of a proper victim interview The definition of sexual homicide and the dynamics between victims and offenders Reasons why child sex offenders choose to offend children, and reasons children fail to disclose or delay in disclosing their abuse The three components of child sexual exploitation: molestation, pornography, and prostitution Written in an accessible style geared to police officers and practitioners, this volume builds and expands upon the existing literature, uses unique theories and perspectives derived from the author’s years of training and investigative experience, and provides clear and precise information that law enforcement officers can apply to their daily work.
This volume collects together a wide variety of papers which discuss and analyse the many challenges to legal regulation in the field of sexuality as it relates to family and youth. Topics range from the determination of 'sex' in opposite-sex requirements for marriage to how the law should regulate or protect the sexuality and gender identity of youth, and from the treatment of sexual minority elders to the legal recognition of parental status of a non-biological parent.
President George W. Bush says that, "In our free society, people have the right to choose how they live their lives." But our government and the Religious Right are successfully: BL censoring what you read, hear, and see; BL limiting your access to contraception; BL legislating "good moral values;" BL brainwashing your kids that God hates premarital sex, and that it ruins lives. The Right has politicized private life, expanding the zone of "public" sexuality. This guarantees policies that will worsen social problems and increase personal anxiety, providing "proof" that sexuality is fundamentally negative--so citizens demand more sex-negative policies. With examples ripped from today's headlines, with brutal honesty and a wicked sense of humor, Marty Klein names names, challenges political hypocrisy, and shows the financial connections between government and conservative religious groups that are systematically taking away your rights. And, in the process, changing American society--forever.