Criminalizing Sex

Criminalizing Sex PDF Author: Stuart P. Green
Publisher: Oxford University Press, USA
ISBN: 0197507484
Category : Law
Languages : en
Pages : 409

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Book Description
"Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of the criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--

Criminalizing Sex

Criminalizing Sex PDF Author: Stuart P. Green
Publisher: Oxford University Press, USA
ISBN: 0197507484
Category : Law
Languages : en
Pages : 409

Get Book Here

Book Description
"Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of the criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--

Criminalizing Sex

Criminalizing Sex PDF Author: Stuart P. Green
Publisher: Oxford University Press
ISBN: 0197507506
Category : Law
Languages : en
Pages : 328

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Book Description
Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, and revenge porn. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. At the heart of the book is a consideration of a deeply contested question: How should a liberal system of criminal law adequately protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate? The book develops a framework for harmonizing these goals in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape and sexual assault in a variety of forms, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia. Intellectually rigorous, fair-minded, and deeply humane, Criminalizing Sex offers a fascinating discussion of a wide range of moral and legal puzzles, arising out of real-world cases of alleged sexual misconduct - a discussion that is all the more urgent in the age of #MeToo.

Criminalising the Purchase of Sex

Criminalising the Purchase of Sex PDF Author: Jay Levy
Publisher: Routledge
ISBN: 1317811429
Category : Law
Languages : en
Pages : 270

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Book Description
In an attempt to abolish prostitution, Sweden criminalised the purchase of sex in 1999, while simultaneously decriminalising its sale. In so doing, it set itself apart from other European states, promoting itself as the pioneer of a radical approach to prostitution. What has come to be referred to as ‘the Swedish model’ has been enormously influential, and has since been adopted and proposed by other countries. This book establishes the outcomes of this law – and the law’s justifying narratives – for the dynamics of Swedish sex work, and upon the lives of sex workers. Drawing on recent fieldwork undertaken in Sweden over several years, including qualitative interviewing and participant observation, Jay Levy argues that far from being a law to be emulated, the Swedish model has had many detrimental impacts, and has failed to demonstrably decrease levels of prostitution. Criminalising the Purchase of Sex: Lessons from Sweden utilises a wealth of respondent testimony and secondary research to redress the current lack of primary academic research and to contribute to academic discussion on this politically-charged and internationally relevant topic. This original and timely work will be of interest to sex worker rights organisations, policy makers and politicians, as well as researchers, academics and students across a number of related disciplines, including law, sociology, criminology, human geography and gender studies.

Criminal Intimacy

Criminal Intimacy PDF Author: Regina G. Kunzel
Publisher:
ISBN:
Category : History
Languages : en
Pages : 412

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Book Description
Sex is usually assumed to be a closely guarded secret of prison life. But it has long been the subject of intense scrutiny by both prison administrators and reformers—as well as a source of fascination and anxiety for the American public. Historically, sex behind bars has evoked radically different responses from professionals and the public alike. In Criminal Intimacy, Regina Kunzel tracks these varying interpretations and reveals their foundational influence on modern thinking about sexuality and identity. Historians have held the fusion of sexual desire and identity to be the defining marker of sexual modernity, but sex behind bars, often involving otherwise heterosexual prisoners, calls those assumptions into question. By exploring the sexual lives of prisoners and the sexual culture of prisons over the past two centuries—along with the impact of a range of issues, including race, class, and gender; sexual violence; prisoners’ rights activism; and the HIV epidemic—Kunzel discovers a world whose surprising plurality and mutability reveals the fissures and fault lines beneath modern sexuality itself. Drawing on a wide range of sources, including physicians, psychiatrists, sociologists, correctional administrators, journalists, and prisoners themselves—as well as depictions of prison life in popular culture—Kunzel argues for the importance of the prison to the history of sexuality and for the centrality of ideas about sex and sexuality to the modern prison. In the process, she deepens and complicates our understanding of sexuality in America.

Sex as Crime?

Sex as Crime? PDF Author: Gayle Letherby
Publisher: Routledge
ISBN: 1134002386
Category : Social Science
Languages : en
Pages : 418

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Book Description
This book brings together chapters by academics, researchers and practitioners to analyse how crimes such as sex work, domestic violence and rape and sexual assault have risen up the Government agenda in recent years. For example, the 'Paying the Price' consultation exercise on sex work in 2004, and recent legislation around sex crimes, including the Sex Offences Act (2003). This is a multi-disciplinary, social scientific, pro-feminist collection, which draws upon practice, empirical research, documentary analysis and overviews of research in the areas of sex work and sexual violence. Within Sex as Crime there are two distinct sub-sections: 'Sex for Sale' and 'Sex as Violence', but the broader and overriding link of sex as crime remains a paramount theme that spans the collection. Chapters include discussions of the impact of new regulations on street sex workers, and of street sex work on community residents, the use of the internet by men who pay for sex and men who sell it, sexual violence and identity, sex crimes against children and protecting children online and working with sex offenders. Other chapters explore reasons for such offending behaviour.

Criminalizing Sex, Defining Sexuality

Criminalizing Sex, Defining Sexuality PDF Author: Robin Courtney Henry
Publisher:
ISBN:
Category : Colorado
Languages : en
Pages : 312

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Book Description


Examining Alternatives to Criminalizing Sex Work in the United States

Examining Alternatives to Criminalizing Sex Work in the United States PDF Author: Stacey McKenna
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description


The Oxford Handbook of Gender, Sex, and Crime

The Oxford Handbook of Gender, Sex, and Crime PDF Author: Rosemary Gartner
Publisher: Oxford Handbooks
ISBN: 0199838704
Category : Law
Languages : en
Pages : 745

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Book Description
The editors, Rosemary Gartner and Bill McCarthy, have assembled a diverse cast of criminologists, historians, legal scholars, psychologists, and sociologists from a number of countries to discuss key concepts and debates central to the field. The Handbook includes examinations of the historical and contemporary patterns of women's and men's involvement in crime; as well as biological, psychological, and social science perspectives on gender, sex, and criminal activity. Several essays discuss the ways in which sex and gender influence legal and popular reactions to crime. An important theme throughout The Handbook is the intersection of sex and gender with ethnicity, class, age, peer groups, and community as influences on crime and justice. Individual chapters investigate both conventional topics - such as domestic abuse and sexual violence - and topics that have only recently drawn the attention of scholars - such as human trafficking, honor killing, gender violence during war, state rape, and genocide.

Sex-Positive Criminology

Sex-Positive Criminology PDF Author: Aimee Wodda
Publisher: Routledge
ISBN: 0429624247
Category : Law
Languages : en
Pages : 228

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Book Description
Sex-Positive Criminology proposes a new way to think about sexuality in the fields of criminology and criminal justice. Sex-positivity is framed as a humanizing approach to sexuality that supports the well-being of self and others. It is rooted in the principle of active and ongoing consent, and it encourages perspectives that value bodily autonomy, the right to access education, and respect for sexual difference. In this book, the authors argue that institutions such as prisons, schools, and healthcare facilities, as well as agents of governments, such as law enforcement, correctional officers, and politicians, can unduly cause harm and perpetuate stigma through the regulation and criminalization of sexuality. In order to critique institutions that criminalize and regulate sexuality, the authors of Sex-Positive Criminology examine case studies exploring the criminalization of commercial sex and related harm (at the hands of law enforcement) experienced by those who sell sex. They investigate sex education in schools, reproductive justice in communities and institutions, and restrictions on sexuality in places like prisons, jails, juvenile detention, and immigrant detention facilities. They look into the criminalization of BDSM practices and address concerns about young people’s sexuality connected to age of consent and privacy violations. The authors demonstrate how a sex-positive perspective could help criminologists, policymakers, and educators understand not only how to move away from sex-negative frameworks in theory, policy, and practice, but how sex-positive criminological frameworks can be a useful tool to reduce harm and increase personal agency. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, sexuality studies, cultural studies, criminal justice, social theory, and all those interested in the relationship between sexuality and the crimino-legal system.

Sex Workers Unite

Sex Workers Unite PDF Author: Melinda Chateauvert
Publisher: Beacon Press
ISBN: 0807061239
Category : Social Science
Languages : en
Pages : 273

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Book Description
A provocative history that reveals how sex workers have been at the vanguard of social justice movements for the past fifty years while building a movement of their own that challenges our ideas about labor, sexuality, feminism, and freedom Documenting five decades of sex-worker activism, Sex Workers Unite is a fresh history that places prostitutes, hustlers, escorts, call girls, strippers, and porn stars in the center of America’s major civil rights struggles. Although their presence has largely been ignored and obscured, in this provocative history Melinda Chateauvert recasts sex workers as savvy political organizers—not as helpless victims in need of rescue. Even before transgender sex worker Sylvia Rivera threw a brick and sparked the Stonewall Riot in 1969, these trailblazing activists and allies challenged criminal sex laws and “whorephobia,” and were active in struggles for gay liberation, women’s rights, reproductive justice, union organizing, and prison abolition. Although the multibillion-dollar international sex industry thrives, the United States remains one of the few industrialized nations that continues to criminalize prostitution, and these discriminatory laws put workers at risk. In response, sex workers have organized to improve their working conditions and to challenge police and structural violence. Through individual confrontations and collective campaigns, they have pushed the boundaries of conventional organizing, called for decriminalization, and have reframed sex workers’ rights as human rights. Telling stories of sex workers, from the frontlines of the 1970s sex wars to the modern-day streets of SlutWalk, Chateauvert illuminates an underrepresented movement, introducing skilled activists who have organized a global campaign for self-determination and sexual freedom that is as multifaceted as the sex industry and as diverse as human sexuality.