Sex Sexuality Law And In Justice

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.

The law is one of the primary means through which sexuality is constructed, monitored and controlled. In this much needed book, Carl Stychin provides a critical examination of the relationship between law and sexual orientation in the United States, the United Kingdom and Canada. The author exposes the connection between the law and sexual control through an exploration of key questions of current interest and controversy. He examines the motivations behind legal restrictions, and the impact on sexual subcultures and dominant society.

Does Canada need any more collections about legal regulation of sex and sexuality? Volumes exist dealing with sex work and pornographies. Certainly, volumes abound dealing with emerging sexualities in Canada and new sexual freedoms. This book seeks to do more than tell a story of broad generalities about the law. It forges the links between the history of law and modern iterations of judgments pertaining to that law. Hence the uncomfortable line between Victorian morality (often) and modern regulation, is thematically explored through the book. More modern iterations of sexual regulation in Canada are being deployed and, in this book, the authors explore the interplay between emerging digital technologies and legal regulation. Newer laws in Canada have been drafted to recognize that sexual expression can be a means of violence inherently, and thus an exploration of modern sexual digital expression and its emerging jurisprudence represent a new frontier in the regulation of sex and sexuality in Canada. We explore how legal regulation has responded to these new crimes.This collection is founded upon the editors? joint experiences in teaching in law and society programs in Canada. The authors have witnessed cobbled together curriculums which rely upon a potpourri of sources from law, criminology, criminal justice and law and society disciplines. There exists a growing interest from university students and legal scholars alike for a reader in the context of law reform and legal change in respect of sexual politics and movements in Canada, especially in the context of more modern iterations of crime and sexual politics. Furthermore, while this collection is intended to be educational in the main, it will foster broader discussions in the context of legal regulation of sex and sexuality in Canadian jurisprudence.?

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.

A pathbreaking work for the next stage of the #MeToo movement, showing how we can address sexual harms with fairness to both victims and the accused, and exposing the sexism that shapes today's contentious debates about due process Over the past few years, a remarkable number of sexual harassment victims have come forward with their stories, demanding consequences for their assailants and broad societal change. Each prominent allegation, however, has also set off a wave of questions – some posed in good faith, some distinctly not – about the rights of the accused. The national conversation has grown polarized, inflamed by a public narrative that wrongly presents feminism and fair process as warring interests. Sexual Justice is an intervention, pointing the way to common ground. Drawing on core principles of civil rights law, and the personal experiences of victims and the accused, Alexandra Brodsky details how schools, workplaces, and other institutions can – indeed, must – address sexual harms in ways fair to all. She shows why these allegations cannot be left to police and prosecutors alone, and outlines the key principles of fair proceedings outside the courts. Brodsky explains how contemporary debates continue the long, sexist history of “rape exceptionalism,” in which sexual allegations are treated as uniquely suspect. And she calls on readers to resist the anti-feminist backlash that hijacks the rhetoric of due process to protect male impunity. Vivid and eye-opening, at once intellectually rigorous and profoundly empathetic, Sexual Justice clears up common misunderstandings about sexual harassment, traces the forgotten histories that underlie our current predicament, and illuminates the way to a more just world.

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.

First Published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.

This book aims to explore some of the social and moral censures, contours and controversies that shape and mark the boundaries of sexuality.