Sex and the law
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| Sex and the law |
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| Social issues |
| Specific offences (May vary according to jurisdiction) |
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Adultery · Buggery · Child grooming |
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| Sexuality · Criminal justice · Law |
This article examines how human sexuality and sexual behavior interact with, and are regulated by, laws. In general, laws proscribe acts which are considered either sexual abuse or behavior that societies consider to be inappropriate and against the social norms. In addition, certain categories of activity may be considered crimes even if freely consented to. Sex laws vary from place to place, and over time, and sexual acts which are prohibited by law in a jurisdiction are also called sex crimes.
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FGM [edit]
Custom and tradition are the most frequently cited reasons for female genital mutilation (FGM), with the practices often being performed to exert control over the sexual behavior of girls and women or as a perceived aesthetic improvement to the appearance of their genitalia.[1][2][3] The World Health Organization (WHO) is one of many health organizations that have campaigned against the procedures on behalf of human rights, stating that "FGM has no health benefits" and that it is "a violation of the human rights of girls and women" and "reflects deep-rooted inequality between the sexes".[2]
In the United Kingdom, the Prohibition of Female Circumcision Act 1985 outlawed the procedure of female genital mutilation in Britain, and the Female Genital Mutilation Act 2003 and Prohibition of Female Genital Mutilation (Scotland) Act 2005 made it an offence for FGM to be performed anywhere in the world on British citizens or permanent residents in the UK.[4]
Incest [edit]
Incest is illegal in many jurisdictions. The exact legal definition of "incest," including the nature of the relationship between persons, and the types sexual activity, varies by country, and by even individual states or provinces within a country. These laws can also extend to marriage between subject individuals.
Age of consent [edit]
While the phrase "age of consent" typically does not appear in legal statutes,[5] when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent of consenting to sexual acts. This should not be confused with the age of majority, age of criminal responsibility, or the marriageable age.
The age of consent varies from jurisdiction to jurisdiction.[5] The median seems to range from 16 to 18 years, but laws stating ages ranging from 9 to 21 do exist. In many jurisdictions, age of consent is interpreted to mean mental or functional age.[6] As a result, victims can be of any chronological age if their mental age is below the age of consent.[7]
Some jurisdictions forbid sexual activity outside of legal marriage completely. The relevant age may also vary by the type of sexual act, the sex of the actors, or other restrictions such as abuse of a position of trust. Some jurisdictions may also make allowances for minors engaged in sexual acts with each other, rather than a hard and fast single age. Charges resulting from a breach of these laws may range from a relatively low-level misdemeanor such as "corruption of a minor", to "statutory rape" (which is considered equivalent to rape, both in severity and sentencing).
Sex crimes [edit]
Sex crimes are forms of human sexual behavior that are crimes. Someone who commits one is said to be a sex offender. Some sex crimes are crimes of violence that involve sex. Others are violations of social taboos, such as incest, sodomy, indecent exposure or exhibitionism. There is much variation among cultures as to what is considered a crime or not, and in what ways or to what extent crimes are punished.
Western cultures are often far more tolerant of acts, such as oral sex, that have traditionally been held to be crimes in some cultures, but combine this with lesser tolerance for the remaining crimes. By contrast, many cultures with a strong religious tradition consider a far broader range of activities to be serious crimes.
As a general rule, the law in many countries often intervenes in sexual activity involving young or adolescent children below the legal age of consent, non-consensual deliberate displays or illicit watching of sexual activity, sex with close relatives (incest), harm to animals, acts involving the deceased (necrophilia), and also when there is harassment, nuisance, fear, injury, or assault of a sexual nature, or serious risk of abuse of certain professional relationships. Separately, the law usually regulates or controls the censorship of pornographic or obscene material as well. A rape charge can only be issued when a person(s) of any age does not provide consent for sexual activity.
Common sex crimes [edit]
The activities listed below carry a condition of illegality in some jurisdictions if acted upon, though they may be legally role-played between consenting partners of legal age:
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A variety of laws aim to protect children by making various acts with children a sex crime. For example, the "Corruption of Minors" by introducing age-inappropriate material, esp. of a sexual nature, is often a misdemeanor but can lead to a felony charge.[citation needed] These can include Age of Consent laws, laws preventing the exposure of children to pornography, laws making it a crime for a child to be involved in (or exposed to) certain sexual behaviors, and laws against child grooming and the production and ownership of child pornography (sometimes including simulated images). In some countries such as the UK, the age for child pornography is higher than the age of consent, hence child pornography laws also cover images involving consenting adults.
Non-consensual sadomasochistic acts may legally constitute assault, and therefore belong in this list. In addition, some jurisdictions criminalize some or all sadomasochistic acts, regardless of legal consent and impose liability for any injuries caused. (See Consent (BDSM))
See also [edit]
References [edit]
- ^ Koroma, Hannah (30 September 1997). "What is Female Genital Mutilation?". Amnesty International. Retrieved February 5, 2013.
- ^ a b "Female genital mutilation". World Health Organization. Retrieved August 22, 2012.
- ^ Momoh, Comfort (2005). "1: Female Genital Mutilation". In Momoh, Comfort. Female Genital Mutilation. Radcliffe Publishing. pp. 5–11. ISBN 978-1-85775-693-7. Retrieved November 17, 2012.
- ^ McVeigh, Tracy and Sutton, Tara. "British girls undergo horror of genital mutilation despite tough laws", The Guardian, 25 July 2010.
- ^ a b Waites, Matthew (2005). The Age of Consent: Young People, Sexuality and Citizenship. Palgrave Macmillan. ISBN 1-4039-2173-3.
- ^ [1] [2] [3] [4] [5]
- ^ [6] [7] [8] [9] [10]
External links [edit]
Examples of laws in various localities:
- University of California, Santa Barbara's SexInfo Sex and the Law
- Sex Crime Blog
- California
- Canada
- Highland Park, Illinois
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