Sex and the law

"Sex crime" redirects here. For other uses, see Sex crime (disambiguation).
"Sex laws" redirects here. For the Beck song, see Sexx Laws.

Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time, and unlawful sexual acts are also called sex crimes.

Some laws regulating sexual activity are intended to protect one or all participants, while others are intended to proscribe a morally, socially or religiously repugnant activity. For example, a law may proscribe unprotected sex if one person knows that he or she has a sexual disease or to protect a minor; or it may proscribe non-consensual sex, or because of a relationship between the participants, etc. In general, laws may proscribe acts which are considered either sexual abuse or behavior that societies consider to be inappropriate and against the social norms. Sexual abuse is unwanted sexual contact between two or more adults or two or more minors, and, depending on laws with regard to age of consent, sexual contact between an adult and a minor.

Definitions

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.

Possible enforcement

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:

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. 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))

Age of consent

Main articles: Age of consent and Statutory rape

While the phrases "age of consent" or "statutory rape" typically do not appear in legal statutes,[1] 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 engage in 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.[1] The median seems to range from 16 to 18 years, but laws stating ages ranging from 9 to 21 do exist. In some jurisdictions, the age of consent takes account of a mental or functional age,[2] so that victims can be of any chronological age if their mental age is below the age of consent.[3]

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 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).

Incest

Main article: Laws regarding incest

Sexual activity between family members or close relatives is often considered incest, which is illegal in many jurisdictions, though what constitutes an "incestuous relationship" varies by jurisdiction, and may depend on the type of sexual activity and whether the relationship is one of consanguinity, affinity or other relationship, such as by adoption. In law, the proscribed sexual activity is usually limited to sexual intercourse, though terminology varies, and which in some jurisdictions is limited to penile-vaginal sexual intercourse. Incestuous sexual activity, as defined by each jurisdiction, is usually unlawful irrespective of the consent of the parties and irrespective of their age. This prohibition usually also extends to the marriage of people in the proscribed incestuous relationships.

Extramarital sex

Main article: Adultery § Law

Adultery is a crime in many countries, including some Muslim countries, such as Saudi Arabia, Pakistan,[4] Afghanistan,[5][6][7] Iran,[7] Kuwait,[8] Maldives,[9] Morocco,[10] Oman,[11] Mauritania,[12] United Arab Emirates,[13][14] Qatar,[15] Sudan,[16] and Yemen.[17]

Female genital mutilation

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.[18][19][20] 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".[19]

Most countries prohibit female genital mutilation,[21] including prohibiting the procedure to be performed on its citizens and residents while outside their jurisdictions,[22] and the New York State Penal Law lists female genital mutilation as a sexual offense.

See also

References

  1. 1 2 Waites, Matthew (2005). The Age of Consent: Young People, Sexuality and Citizenship. Palgrave Macmillan. ISBN 1-4039-2173-3.
  2. ↑
  3. ↑
  4. ↑ Jordan, Mary (21 August 2008). "Searching for Freedom, Chained by the Law". The Washington Post. Retrieved 3 August 2013.
  5. ↑ Ernesto Londoño (2012-09-09). "Afghanistan sees rise in ‘dancing boys’ exploitation". The Washington Post (DEHRAZI, Afghanistan).
  6. ↑ "Home". AIDSPortal. Retrieved 2 August 2013.
  7. 1 2 "Iran". Travel.state.gov. Retrieved 3 August 2013.
  8. ↑ "United Nations Human Rights Website - Treaty Bodies Database - Document - Summary Record - Kuwait". Unhchr.ch. Retrieved 2 August 2013.
  9. ↑ "Culture of Maldives". Every Culture. Retrieved 3 August 2013.
  10. ↑ "Morocco: Should pre-marital sex be legal?". BBC News.
  11. ↑ "www.interpol.com" (PDF).
  12. ↑ "2010 Human Rights Report: Mauritania". State.gov. 8 April 2011. Retrieved 2 August 2013.
  13. ↑ "Education in Dubai". Dubaifaqs.com. Retrieved 2 August 2013.
  14. ↑ Judd, Terri; Sajn, Nikolina (10 July 2008). "Briton faces jail for sex on Dubai beach". The Independent. Retrieved 3 August 2013.
  15. ↑ ""Sex outside of marriage is a criminal offense here," PH ambassador to Qatar warns Pinoys". SPOT.ph. 12 September 2011. Retrieved 3 August 2013.
  16. ↑ "Sudan must rewrite rape laws to protect victims". Reuters. 28 June 2007. Retrieved 2 August 2013.
  17. ↑ "Women's Rights in the Middle East and North Africa - Yemen". Unhcr.org. Retrieved 2 August 2013.
  18. ↑ Koroma, Hannah (30 September 1997). "What is Female Genital Mutilation?". Amnesty International. Retrieved February 5, 2013.
  19. 1 2 "Female genital mutilation". World Health Organization. Retrieved August 22, 2012.
  20. ↑ 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.
  21. ↑ Laws of the world on female genital mutilation
  22. ↑ McVeigh, Tracy and Sutton, Tara. "British girls undergo horror of genital mutilation despite tough laws", The Guardian, 25 July 2010.

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