Sex and the law

Consent

Extramarital sex

Adultery is a crime in many Muslim countries, such as Saudi Arabia, Pakistan,[3] Afghanistan,[4][5][6] Iran,[6] Kuwait,[7] Maldives,[8] Morocco,[9] Oman,[10] Mauritania,[11] United Arab Emirates,[12][13] Qatar,[14] Sudan,[15] and Yemen.[16]

Female genital mutilation

Custom and tradition are the most frequently cited reasons for female genital mutilation (FGM). FGM is the removal of the genitals in cultures especially islamic culture perpetuating male domination. Approximately 125 million girls and women are victims of female genital mutilation throughout the world.[17] 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.

Harassment

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.

One author argued that use of particular language devices and rhetoric in the legislation surrounding these laws manipulates the viewer to automatically deem such sexual acts to be immoral and criminal. In this view, the law is attempting to morally control society, which is not one of the purposes of the law. This means that people will condemn those who partake in familial sexual activities, even if all parties are consenting adults.[23]

LGBT rights

In some states, sex between members of the same sex, or between men, is illegal. In a report done in 2013, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) indicated that homosexuality is still criminalized in some form in 76 states, with a high concentration of these states in the Middle East, Africa, and parts of Asia. Scholars have found that religion plays an important role in the legislation criminalizing sodomy. Countries that are predominately Muslim, for example, are less likely to decriminalize acts of sodomy as these acts are in direct contradiction with Islamic traditions. While quantitative research has not proven a link between the continued criminalization of sodomy and Christianity, there are many Protestant denominations, as well as the Catholic Church, that oppose the practice of homosexuality. While one might expect that the decriminalization of sodomy laws would support the mobilization of lesbian and gay rights, this is not necessarily the case, as there is debate on whether or a direct link exists between the two. In legislation regarding sodomy, there is typically no explicit statements given in the support of gay and lesbian rights since the reforms generally the result of a large emendation to penal code. There is some evidence in support of the opposite effect, as the re-criminalization of sodomy in India in 2013 caused a resurgence of gay rights activism.[24]

In studying the changes of sodomy statutes, Frank et al. (2009) found that between 1945 and 2005, "90 percent of all modifications involved liberalization in some way" of non-heterosexual acts. This was seen as evidence of a "sodomy-law reform wave." During the same period, however, eight countries expanded their laws regarding sodomy. In January 2014, Nigeria expanded their criminalization of homosexuality by passing legislation to enforce more severe penalties including a ban against same-sex marriage and participation in any gay organizations. Sodomy laws, however, are rarely used to penalize consensual acts, involving adults, that occur in private. In the 1970s, the only arrests (in the US) involving consensual, non-heterosexual acts were in public or quasi-public. While many sodomy laws are concerned with sexual acts as opposed to sexual orientations, the legislation is often interpreted as if being gay or lesbian is sufficient enough evidence to deem someone guilty as to having engaged in criminal acts. This led US judges to deny parents' custody of their children, student groups were not granted recognition by university officials, and many legislators were opposed to civil rights bills that included sexual orientation.[24]

Many revisions to sodomy laws were not a part of large government transitions, but rather included as a part of other general revisions of criminal legislation. There are two main pathways in which sodomy laws have been decriminalized: judicial invalidation and repeal of the law by vote of legislation. The United States did not decriminalize sodomy nationwide until 2003; however, many states, based on the council of judges and lawyers, did decriminalize sodomy as early as 1961.[24]

During the rise of Putin, Russia has seen a resurgence in "religious conservatism" which has resulted in the indirect re-criminalizing homosexuality. An amendment was made to Russian legislation in 2013 that emphasizes the protection of children from information that could be deemed as damaging to their mental health and development. In the amendment to the Federal Law of Russian Federation no. 436-FZ, "propaganda" of non-traditional sexual relationships among minors was classified as harmful, and while the law does not criminalize homosexuality directly, it has created a hostile environment for LGBT activism. The US and Europe have condemned Russia's actions, but despite the domestic and international pushback, the Russian anti-LGBT propaganda law still stands.[25]

Offender registry

Pornography

Rape and sexual assault

Reproductive rights

Sex work

See also

• Carnal knowledge
• Criminal transmission of HIV
• Lawrence v. Texas
• Islamic sexual jurisprudence
• "Sex Shouldn't Be a Crime"

References

External links

Wikinews has news related to:

Sex crimes

• University of California, Santa Barbara's SexInfo Sex and the Law Archived 2019-05-26 at the Wayback Machine
• California
• Canada