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Author: Stuart P. Green Publisher: Oxford University Press, USA ISBN: 0197507484 Category : Law Languages : en Pages : 409
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"--
Author: Stuart P. Green Publisher: Oxford University Press, USA ISBN: 0197507484 Category : Law Languages : en Pages : 409
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"--
Author: Jay Levy Publisher: Routledge ISBN: 1317811437 Category : Law Languages : en Pages : 270
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.
Author: Susan Dewey Publisher: Springer ISBN: 3319257633 Category : Social Science Languages : en Pages : 99
Book Description
Sex work continues to provoke controversial legal and public policy debates world-wide that raise fundamental questions about the state’s role in protecting individual rights, status quo social relations, and public health. This book unites ethnographic research from China, Canada, and the United States to argue that criminalization results in a totalizing set of negative consequences for sex workers’ health, safety, and human rights. Such consequences are enabled through the operations of an exclusionary regime, a dense coalescence of punitive forces that involves both governance, in the form of the criminal justice system and other state agents, and dynamic interpersonal encounters in which individuals both enforce and negotiate stigma-related discrimination against sex workers. Chapter Two demonstrates how criminalization harms sex workers by isolating their work to potentially dangerous locations, fostering mistrust of authority figures, further limiting their abilities to find legal work and housing, and restricting possibilities for collective rights-based organizing. Criminalized sex workers report police harassment, seizure of condoms, and adversarial police-sex worker relations that enable others to abuse them with impunity. Chapter Three describes how sex workers negotiate these restrictions on their rights and personal autonomy via their arrest avoidance and client management strategies, self-treatment of health issues, selective mutual aid, rights-based organizing, and entrenchment in sex work or other criminalized activities. Chapter Four describes how researchers working in countries or locales that criminalize sex work face ethical concerns as well as barriers to their work at the practical, institutional, and political levels.
Author: Melinda Chateauvert Publisher: Beacon Press ISBN: 0807061239 Category : Social Science Languages : en Pages : 273
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.
Author: Lisa Cameron Publisher: ISBN: Category : Languages : en Pages :
Book Description
We examine the impact of criminalizing sex work, exploiting an event in which local officials unexpectedly criminalized sex work in one district in East Java, Indonesia, but not in neighboring districts. We collect data from female sex workers and their clients before and after the change. We find that criminalization increases sexually transmitted infections among female sex workers by 58 percent, measured by biological tests. This is driven by decreased condom access and use. We also find evidence that criminalization decreases earnings among women who left sex work due to criminalization, and decreases their ability to meet their children's school expenses while increasing the likelihood that children begin working to supplement household income. While criminalization has the potential to improve population STI outcomes if the market shrinks permanently, we show that five years post-criminalization the market has rebounded and the probability of STI transmission within the general population is likely to have increased.
Author: Aimee Wodda Publisher: Routledge ISBN: 0429624247 Category : Law Languages : en Pages : 228
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.
Author: Ronald Weitzer Publisher: NYU Press ISBN: 0814794637 Category : Social Science Languages : en Pages : 296
Book Description
While sex work has long been controversial, it has become even more contested over the past decade as laws, policies, and enforcement practices have become more repressive in many nations, partly as a result of the ascendancy of interest groups committed to the total abolition of the sex industry. At the same time, however, several other nations have recently decriminalized prostitution. Legalizing Prostitution maps out the current terrain. Using America as a backdrop, Weitzer draws on extensive field research in the Netherlands, Belgium, and Germany to illustrate alternatives to American-style criminalization of sex workers. These cases are then used to develop a roster of “best practices” that can serve as a model for other nations considering legalization. Legalizing Prostitution provides a theoretically grounded comparative analysis of political dynamics, policy outcomes, and red-light landscapes in nations where prostitution has been legalized and regulated by the government, presenting a rich and novel portrait of the multifaceted world of legal sex for sale.
Author: Elaine Jeffreys Publisher: Routledge ISBN: 1134144520 Category : Political Science Languages : en Pages : 193
Book Description
Elaine Jeffreys explores the issues of sex and sexuality in a non-Western context by examining debates surrounding the emergence of new sexual behaviours, and the appropriate nature of their regulation, in the People's Republic of China. Commissioned from Western and mainland Chinese scholars of sex and sexuality in China, the chapters in this volume are marked by a diversity of subject material and theoretical perspectives, but turn on three related concerns. First, the book situates China’s changing sexual culture and the nature of its governance in the socio-political history of the PRC. Second, it shows how China’s shift to a rule of law has generated conflicting conceptions of citizenship and the associated rights of individuals as sexual citizens. Finally, the book demonstrates that the Chinese state does not operate strictly to repress ‘sex’; it also is implicated in the creation of new spaces for sexual entrepreneurship, expertise and consumption. This comprehensive study is a valuable resource for scholars in the fields of sexuality studies and post-socialist societies and culture, directly appealing to both East Asia and China specialists.
Author: Larry Alexander Publisher: Springer Nature ISBN: 3030228118 Category : Philosophy Languages : en Pages : 794
Book Description
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
Author: Joseph J. Fischel Publisher: Univ of California Press ISBN: 0520968174 Category : Law Languages : en Pages : 280
Book Description
When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.
Author: Stuart P. Green
Author: Stuart P. Green
Author: Jay Levy
Author: Susan Dewey
Author: Melinda Chateauvert
Author: Lisa Cameron
Author: Aimee Wodda
Author: Ronald Weitzer
Author: Elaine Jeffreys
Author: Larry Alexander
Author: Joseph J. Fischel