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.
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.
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.
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.
‘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.
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.
This abridged second edition is designed to meet the needs of undergraduate professors and students for a theoretically ambitious, doctrinally comprehensive, and fact-based exploration of issues of sexuality and gender in American public law. This new edition reflects legal changes in light of Lawrence v. Texas and other developments in this now-prominent field.
Explores the highly sensitive issue of children and sex, offers advice on separating harmful from safe information about sex, and offers parents a guide to presenting the topic to their children.
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.
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.
Sexual Justice defends a robust a robust conception of lesbian and gay rights, emphasizing protection against discrimination and recognition of queer relationships and families. Synthesizing materials from law, philosophy, psychoanalysis and literature, Kaplan argues that sexual desire is central to the pursuit of happiness: equal citizenship requires individual freedom to shape oneself through a variety of intimate associations.
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.
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.
Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists – and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.
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.
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.
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.
Offering critical response to a range of popular debates on children's sexual cultures, this ground-breaking volume challenges preconceived and accepted theories regarding children, sexuality and sexualisation. The contributions to this collection offer compelling accounts from a range of disciplinary fields and transnational contexts to present original empirical research findings, which offer new ways to make sense of children's sexual cultures across complex political, social and cultural terrains. Organised into five sections, this book addresses the history of young sexualities research and theory across disciplinary boundaries; pre-teen sexualities and a re-thinking of sexual agency and innocence; how space, place and history shape young queer sexualities; the representation of young sexualities in the popular cultural imaginary; and the role of new media and digital technology in the formation of children and young people's sexual cultures.