Sex And The Law Flashcards
Regulate for the non-consenting or unable to consent
Protection against force and coercion to secure sexual gratification.
Protection of the immature against sexual exploitation.
Protection against offense to innocent bystanders or invasions of privacy.
Victorian compromise
Laws that do not criminalize sexual behavior but rather behavior that is publicly apparent
Ex: soliciting sexual activity in exchange for goods and services
Regulate for morally-based reasons
Protection of family unit.
Non-procreative sex (sodomy, oral sex, etc)
Criminal commercial sex.
Obscenity (criminal commercial sex)
Strippers, exotic dancers, live sex shows.
Problems: encourages excessive sexual activity, describes sexual conduct in an offensive way, lacks value
Anthony Comstock
Helped pass the anti-obscenity bill in 1873.
Prevented a play about prostitution from being performed.
Didn’t believe in sexual acts and didn’t want it talked about
Defense of Marriage Act
- Said that states don’t need to recognize same sex marriages from other states and defined marriage as between a man and women
Challenges of the DOMA
Exceeded congressional authority over states, violation of equal protection clause.
Current administration is not enforcing the law.
Efforts in sex-law reform
Decriminalization of various kinds of sexual behavior that are currently outlawed
Victimless crimes
Trend in sex-law reform. A sexual act performed by consenting adults to produces no legal harm. Neither are a victim.
Argument for legalizing prostitution
Licensing would reduce exploitation and disease
Argument against legalizing prostitution
Feminists argue that is degrading. May cause moral harm to families and children