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A rape victim charges that pornography caused her attacker to become a sex offender. A lesbian mother fights for custody of her child. A transsexual pilot is fired by a commercial airline after undergoing sex change and sues for sex discrimination. A homosexual is denied employment because of sexual orientation. A woman argues that her criminal behavior should be excused because she suffers from premenstrual syndrome. The law has much to say about sexual behavior, but what it says is rarely influenced by the findings of social science research over recent decades. This book focuses for the first time on the dynamic interplay between sexual science and legal decisionmaking. Reflecting the author's wide experience as a respected sex researcher, expert witness, and lawyer, Sexual Science and the Law provides valuable insights into some of the most controversial social and sexual topics of our time. Drawing on an exhaustive knowledge of the relevant research and citing extensively from case law and court transcripts, Richard Green demonstrates how the work of sexual science could bring about a transformation in jurisprudence, informing the courts in their deliberations on issues such as sexual privacy, homosexuality, prostitution, abortion, pornography, and sexual abuse. In each case he considers, Green shows how the law has been shaped by social science or impoverished by reliance on conjecture and received wisdom. He examines the role of sexual science in legal controversy, its analysis of human motivation and behavior, and its use by the courts in determining the relative weight to be given the desires of the individual, the standards of society, and the power of the state in limiting sexual autonomy. Unprecedented in its portrayal of sexuality in a legal context, this scholarly but readable book will interest and educate professional and layperson alike--those lawyers, judges, sex educators, therapists, patients, and citizens who find themselves standing nonplussed at the meeting place of morality and behavior.
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.
This comprehensive volume, written specifically for the non-lawyer, addresses sexual policy in the United States, as shaped by federal laws, state laws, and court cases. There are approximately 150 encyclopedic entries.
Sex, Sexuality, Law, and (In)Justice covers a wide range of legal issues associated with sexuality, gender, reproduction, and identity. These are critical and sensitive issues that law enforcement and other criminal justice professionals need to understand. The book synthesizes the literature across a wide breadth of perspectives, exposing students to law, psychology, criminal justice, sociology, philosophy, history, and, where relevant, biology, to critically examine the social control of sex, gender, and sexuality across history. Specific federal and state case law and statutes are integrated throughout the book, but the text moves beyond the intersection between law and sexuality to focus just as much on social science as it does on law. This book will be useful in teaching courses in a range of disciplines—especially criminology and criminal justice, history, political science, sociology, women and gender studies, and law.
Revisiting the doctrine of implied consent in Canadian sexual assault law.
Throughout history, the law has regulated sexual behaviours. Some regulations eventually become outdated and are no longer enforced. For instance, many states have adultery laws that are rarely or never enforced. Other regulations have been adopted more recently, as culture and technology have advanced. For example, laws regulating internet pornography are relatively recent. Often, these regulations are controversial and prompt analysis and research. It is the purpose of this book to present a variety of original research and legal analyses concerning such regulations. Research in psychology and social justice is particularly applicable to the study of legal regulations of sexual behaviour. As such, this edited volume will take a 'psycho-legal' approach by addressing such issues using both psychological and legal principles. This book will contain original research articles, psycho-legal analyses, and psycho-legal briefs. All will involve current issues relating to the legal regulation of sexual behaviour and its outcomes. Some themes include access to sex (e.g., prostitution) or sexual materials (e.g., obscenity), teen sexual behaviour, the legal implications of the media's portrayal of sexual behaviour, the outcomes of sexual behaviour (eg: abortion), psychological factors that predict support for laws that regulate sexual behaviour and outcomes, and ways in which the legal system can improve the lives of those it serves. It is the goal of this book to present original perspectives and prompt discussion within legal and social science communities.
Sex, although considered by many in our culture the quintessential private activity, is blanketed by a staggering number and variety of laws. This first concise compendium of the nation's sex laws brings together in one place and summarizes the laws regulating personal sexual activity. In doing so, it reveals gaps, anachronisms, anomalies, inequalities, and irrationalities, and provides an empirical basis for studies of sexual regulation. From Alabama to Wyoming, this informative and fascinating reference book will be an essential resource to a wide range of persons both within and outside the legal profession - specialists in the regulation of sexual behavior, students of the legislative process, lawyers involved in family and sex law, and anyone interested in social and political issues involving sexual orientation and sexual morality.
From sexual abuse and fetishism to necrophilia and sadomasochism, this unique volume identifies fourteen classifications of unusual sexual pathologies. Emphasizing the physical and psychological aspects of sexuality itself, the book presents detailed comparisons of legal and medical definitions, historical aspects, current incidence, and geographic