Law Crime and Sexuality

Author: Carol Smart
Publisher: SAGE
ISBN: 144623102X
Release Date: 1995-01-18
Genre: Feminism theory

Law, crime, and sexuality transcends the traditional fragmentation of sociology, criminology, socio-legal studies, and feminist theory and philosophy. It enables readers to draw on aspects from each discipline and see how various themes and discussions are related. Compiled specifically for students' needs, the essays show that theory need not be too hard or too inaccessible, and help students to understand the law in conceptual terms while enabling them to become fully aware of the extent to which the law is implicated in our everyday lives.

Law crime and sexuality

Author: Carol Smart
Publisher: Sage Publications Ltd
ISBN: UOM:49015002224831
Release Date: 1995-04-17
Genre: Social Science

Law, Crime, and Sexuality transcends the traditional fragmentation of sociology, criminology, socio-legal studies, and feminist theory and philosophy. It enables readers to draw on aspects from each discipline and see how various themes and discussions are related. Compiled specifically for students' needs, the essays show that theory need not be too hard or too inaccessible, and help students to understand the law in conceptual terms while enabling them to become fully aware of the extent to which the law is implicated in our everyday lives. The book is divided into three sections which examine: * The shift from criminology to the sociology of law. * The shift from treating law as a tool of reform to

Law Crime and Sexuality

Author: Carol Smart
Publisher: SAGE Publications Limited
ISBN: 0803989601
Release Date: 1995-04-17
Genre: Social Science

In Law, Crime and Sexuality leading feminist theorist Carol Smart brings together a selection of her work specifically compiled for the needs of students to help them understand the law in conceptual terms, whilst enabling them to become fully aware of the extent to which the law is part of our everyday lives. The book is divided into three sections, each prefaced by a specifically written introduction, which examine the major trends in contemporary thought including: the shift from criminology to the sociology of law; the identification of law as a site of struggle rather than as a tool of reform; the recognition of the contested nature of `woman' as a category; and the significance of the developing situation where

Crimes against Children

Author: Stephen Robertson
Publisher: Univ of North Carolina Press
ISBN: 0807876488
Release Date: 2006-03-08
Genre: Law

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.

Sex Sexuality Law and In justice

Author: Henry F. Fradella
Publisher: Routledge
ISBN: 9781317528906
Release Date: 2016-02-26
Genre: Social Science

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.

Forensic and Medico legal Aspects of Sexual Crimes and Unusual Sexual Practices

Author: Anil Aggrawal
Publisher: CRC Press
ISBN: 9781420043099
Release Date: 2008-12-22
Genre: Law

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 geographical prevalence of these offenses. It also explores the potential causes, discussing etiological theories and reviewing psychopathology. Highlighting the cross-cultural nature of the forensic aspects of human sexuality, the book examines various case studies in the context of international legislation. It also covers minor aberrant behavior such as coprolalia and troilism.

Sexuality and the Law

Author: Vanessa Munro
Publisher: Routledge
ISBN: 9781135308308
Release Date: 2007-05-07
Genre: Law

‘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.

Sex Crime and Morality

Author: Sharon Hayes
Publisher: Routledge
ISBN: 9781136575969
Release Date: 2012-08-21
Genre: Social Science

Over the last few decades, there has been a marked increase in media and debate surrounding a specific group of offences in modern Democratic nations which bear the brunt of the label ‘crimes against morality’. Included within this group are offences related to prostitution and pornography, homosexuality and incest and child sexual abuse. This book examines the nexus between sex, crime and morality from a theoretical perspective. This is the first academic text to offer an examination and analysis of the philosophical underpinnings of sex-related crimes and social attitudes towards them and the historical, anthropological and moral reasons for differentiating these crimes in contemporary western culture. The book is divided into three sections corresponding to three theoretical frameworks: Part 1 examines the moral temporality of sex and taboo as a foundation for legislation governing sex crimes Part 2 focuses on the geography of sex and deviance, specifically notions of public morality and the public private divide Part 3 examines the moral economy of sex and harm, including the social construction of harm. Sex, Crime and Morality will be key reading for students of criminology, criminal justice, gender studies and ethics, and will also be of interest to justice professionals.

The Autism Spectrum Sexuality and the Law

Author: Nick Dubin
Publisher: Jessica Kingsley Publishers
ISBN: 9780857006790
Release Date: 2014-07-21
Genre: Psychology

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.

Sexuality and Law Crime and punishment

Author: Ruthann Robson
Publisher: Ashgate Publishing Company
ISBN: 0754628701
Release Date: 2011
Genre: Law

The papers reprinted in this volume cover doctrinal, theoretical and political analysis of the current and historical criminalization of a wide variety of sexual acts, including ones less commonly discussed. It also includes discussions of the 'homosexual panic' defense, hate crimes and domestic violence, cases in which the sexuality of the accused became pertinent, the imprisonment of gender nonconforming persons in systems of sex-segregated prisons and the treatment of 'sex offenders'.

Sexual States

Author: Jyoti Puri
Publisher: Duke University Press
ISBN: 9780822374749
Release Date: 2016-02-26
Genre: Political Science

In Sexual States Jyoti Puri tracks the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Since 2001 activists have attempted to rewrite Section 377 of the Indian Penal Code, which in addition to outlawing homosexual behavior is often used to prosecute a range of activities and groups that are considered perverse. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics and case law, visited various state institutions, and met with the police, Puri found that Section 377 is but one element of how homosexuality is regulated in India. This statute works alongside the large and complex system of laws, practices, policies, and discourses intended to mitigate sexuality's threat to the social order while upholding the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented "sexual state," Puri provides a conceptual framework to understand the links between sexuality and the state more broadly.

Policing Sexuality

Author: Jessica R. Pliley
Publisher: Harvard University Press
ISBN: 9780674368118
Release Date: 2014-11-03
Genre: History

Jessica Pliley links the crusade against sex trafficking to the FBI’s growth into a formidable law agency that cooperated with states and municipalities in pursuit of offenders. The Bureau intervened in squabbles on behalf of men intent on monitoring their wives and daughters and imprisoned prostitutes while seldom prosecuting their male clients.

Sexual Intimacy and Gender Identity Fraud

Author: Alex Sharpe
Publisher: Routledge
ISBN: 9781351384131
Release Date: 2018-02-02
Genre: Law

This book is a legal and political intervention into a contemporary debate concerning the appropriateness of sexual offence prosecutions brought against young gender non-conforming people for so-called ‘gender identity fraud'. It comes down squarely against prosecution. To that end, it offers a series of principled objections based both on liberal principles, and arguments derived from queer and feminist theories. Thus prosecution will be challenged as criminal law overreach and as a spectacular example of legal inconsistency, but also as indicative of a failure to grasp the complexity of sexual desire and its disavowal. In particular, the book will think through the concepts of consent, harm and deception and their legal application to these specific forms of intimacy. In doing so, it will reveal how cisnormativity frames the legal interpretation of each and how this serves to preclude more marginal perspectives. Beyond law, the book takes up the ethical challenge of the non-disclosure of gender history. Rather than dwelling on this omission, it argues that we ought to focus on a cisgender demand to know as the proper object of ethical inquiry. Finally, and as an act of legal and ethical re-imagination, the book offers a queer counter-judgment to R v McNally, the only case involving a gender non-conforming defendant, so far, to have come before the Court of Appeal.

The Gender of Crime

Author: Dana M. Britton
Publisher: Rowman & Littlefield
ISBN: 9781442262232
Release Date: 2017-08-03
Genre: Social Science

The Gender of Crime introduces readers to how gender shapes our understanding of every aspect of crime—from defining what crime is to governing how crime is punished. The second edition of this award-winning book maintains the accessible, reader-friendly narrative of the first edition with key updates and new material throughout, including increased focus on the intersections of race, class, gender, and sexuality in crime and punishment; more attention to LGBTQ issues; additional coverage of gender and crime on college campuses; and more. This dynamic and provocative book illustrates how gender is central to the definition, prosecution, and sentencing of crimes, that it shapes how victimization is experienced and understood, and how it structures the institutions of the criminal justice system and the experiences of workers within that system. The Gender of Crime demonstrates that crime, victimization, and crime control are never generic—they are instead produced and experienced by gendered (and raced, and classed, and sexualized) actors within contexts of social inequality. This book highlights key concepts and encourages readers to think through a range of compelling real-life examples, from school violence to corporate crime. The second edition of The Gender of Crime is essential reading for students of gender and sexuality, sociology, criminology, and criminal justice.

Implied Consent and Sexual Assault

Author: Michael Plaxton
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773597938
Release Date: 2015-11-01
Genre: Law

In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could be "implied." Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to "consent" to sexual touching, however, the decision also restricts their autonomy - specifically, by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault, Michael Plaxton argues that women should have the autonomy to decide whether, and under what circumstances, sexual touching can be appropriate in the absence of express consent. Though caution should be exercised before resurrecting a limited doctrine of implied consent, there are reasons to think that sexual assault law could accommodate a doctrine without undermining the sexual autonomy or equality rights of women. In reaching this conclusion, Plaxton challenges widespread beliefs about autonomy, consent, and the objectives underpinning the offence of sexual assault in Canada. Drawing upon a range of contemporary criminal law theorists and feminist scholars, Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms, the proper scope of criminal law, and the true meaning of sexual autonomy.