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34 Cards in this Set
- Front
- Back
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Victorian Compromise |
- The decision not to criminalize behavior per se andinstead criminalize conduct that is visible to the outside world.
- Example: Penalizing soliciting sexual activity for goods or services but not criminalizing commercial sex. |
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Types of SexLaws
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- Crimes of Exploitation and Force - Criminal Consensual Acts- Crimes Against Good Taste - Crimes Against Reproduction - Criminal Commercial Sex |
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Types of Sex Laws: Criminal Consensual Acts
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- Chiefly concerning rape, sexual relations with children, and incest. - According to FBI US Department of Justice in 2012, rape is any kind of penetration orally, vaginally or anally with any body part or object without consent of victim. - A victim is also incapable of consent if unconscious, drunk, drugged, or other condition. - Some states have legal hurdles for prosecution for marital rape. |
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Rape |
- Non-consensual oral, anal, or vaginal penetration, obtained by force, by threat of bodily harm, or when the victim is incapable of giving consent. |
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Incest |
- Sexual relations between persons closely related to each other. |
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Types of Sex Laws: Criminal Consensual Acts
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- Justified on the grounds of preventing illegitimacy, preservation of the family, promotion of public health, and enforcement of morality. - The laws surround topics of cohabitation, adultery, fornication, and formerly; sodomy and miscegenation. |
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Statutory Rape |
- Sex between an adult and a child who is under the age of sexual consent. |
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Cohabitation |
- Unmarried persons living together with sexual relations assumed. - Rarely enforced and used mostly to settle child custody cases. |
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Adultery |
- Intercourse involving persons where at least one of whom is married to someone else. - Grounds for divorce in almost every state in the US. |
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Sodomy |
- Crimes against nature which in contemporary context, is oral and anal intercourse. - Ruled out in Lawrence vs Texas in 2003. |
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Miscegenation |
- The interbreeding of people considered to be of different racial backgrounds. - Ruled out in Loving vs Virginia in 1967. |
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Types of Sex Laws: Crime Against Good Taste
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- Deals with sexual acts that are considered obscene to the average public taste. - This includes exhibitionism, voyeurism, solicitation, disorderly sexual conduct, being a public nuisance, or general lewdness. - 23 states declare sexual activity in public grounds a crime. |
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Types of Sex Laws: Crimes Against Reproduction
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- Judeo-Christian traditions considered behaviors that interfere with reproduction as sins. - English common law criminalized these behaviors as well, including homosexuality, sodomy, and birth control. - Previous laws made information of contraceptives illegal and abortion was banned until 1973. |
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Types of Sex Laws: Criminal Commercial Sex
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- Criminalizes prostitutes more than clients. - It's not illegal to sell products with subtle promises of sexual fulfillment but is illegal to provide full fulfillment in direct form or electronically or on paper. - Most states, prostitution is a demeanor. |
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Relevant Principles of Sex Laws |
- Right to privacy: Griswold v Connecticut, Eisenstadt v Baird, Roe v Wade, Lawrence v Texas. - Equal protection: Evan v Romer. - Victimless crimes: Prostitution, homosexuality. - Freedom of Expression: US v Roth, Miller v California, Meese Commision, Child Porn Prevention Act, Aschcroft v Free Speech Coalition. |
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Article 125 |
- Prohibits consensual sodomy. - Part of the Uniform Code of Military Justice in US Armed Forces in 1999 as a response to several widely publicized cases of assault or murder of gay military personnel. |
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Griswold vs Connecticut (1965) |
- Supreme Court ruling that decriminalized the spread of information of contraception to married couples. - Started when a physician was prosecuted for providing info and medical advice about contraception to a married couple. |
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Eisenstadt vs Baird (1972) |
- Invalidated a Massachusetts law prohibiting spreading information about contraception to the unmarried |
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Roe vs Wade (1973) |
- Invalidated laws prohibiting first trimester abortion. - Jane Roe argued Texas state law went against her constitutional law. |
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Lawrence vs Texas (2002) |
- Struck down sodomy laws and made same gender sex legal. |
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Webster vs Reproductive Health Services (1989) & Planned Parenthood vs Casey (1992) |
- Changed shape of abortion laws. - Roe vs Wade in 1973 overturned abortion but this restructured abortion laws. |
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Williams vs Pryor (Alabama) |
- Made distribution of sex toys such as vibrators and dildos legal. |
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Reliable Consultants Inc vs Ronnie Earl |
- Ruled out the Texas law prohibiting promotion or sale of sexual devices to be unconstitutional. ` |
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Evan vs Romer (1996) |
- Prohibited anti-discrimination. - Colorado case which allowed discrimination based on sexual orientation to be legal. |
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Decriminalization |
Removing an act from those prohibited by law, ceasing to define it as a crime. |
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US vs Roth (1957) |
- Stated obscenity was not protected by the First Amendment and ruled not all sexual expression as obscure. - Distinguished obscenity from porn according to the acceptance standards of community. |
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Miller vs California (1973) |
- Elaborated standards for distinguishing obscenity from porn according to the acceptance standards of community standards, patently offensive, and have literacy, artistic, or political values.
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Meese Commission (1986) |
- Radical conservative who fabricated evidence stating porn is harmful but later criticized for their biased reports. |
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Child Porn Prevention Act (1996) |
- Outlawed porn or erotic material that depicted any visual image that appears to be a minor engaging in sexually explicit conduct. - The parameters of what defines as "child-like" scaled back for being too broad of a term. |
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Aschford vs Free Speech Coalition (2002) |
- Scaled down the Child Porn Prevention Act. |
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Current & Future Trends |
- Legal issues concerning HIV / AIDS. - Is a person liable if he or she knowingly or unknowingly infects another person. - Rights of individuals vs protection of the public. - Right to know if someone is HIV positive. |
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Reproductive Freedom and Pro-Life Forces |
- Human Life Amendment - Funding restrictions - Restricted access: waiting periods, informed consent, parental notification, ban on partial birth, and made it a crime to use violence against reproductive services. - Websters v Reproductive Health Services, Planned Parenthood v Casey. |
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Websters vs Reproductive Health Services (1989) |
- Case in Missouri that outlawed hospitals and government facilities to give abortions. |
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Planned Parenthood vs Casey (1992) |
- Put the 24 hour wait period in place. - Made it mandatory for minors to notify parents. - Married spouse however, does not need to notify husband or get his consent. |
