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{{SocPsy}}
#redirect[[Sex and the law]]
 
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{{unreferenced|date=October 2006}}
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This article examines how human [[human sexuality|sexuality]] and [[human sexual behavior|sexual behavior]] interacts with, and is regulated by, human [[law]]s.
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In general the law proscribes acts which are considered either [[sexual abuse]], or inappropriate behavior against the [[social norm]]s, within a given culture. In addition certain categories of activity, may be considered [[crime]]s even if freely consented to. Thus sex and the law varies from place to place.
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Sexual acts which are prohibited by law in a [[jurisdiction]], are also called '''sex crimes'''.
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==Age of consent==
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{{main|Age of consent}}
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Many cultures, and all developed cultures, have established an [[age of consent]], an age at which even if consent is given, sexual activity by an older person with a person under that age will be punished severely. The aim of an age of consent law is to protect impressionable young people, as they develop and [[maturity|mature]].
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==Sex crimes==
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Sex crimes are forms of [[human sexual behavior]] that are [[crime]]s. 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 [[taboo]]s, such as [[incest]], [[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.
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Western cultures are often far more tolerant of acts, such as [[oral sex]] or [[cross-dressing]], that have traditionally been held to be crimes in some other 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.
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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]], nonconsensual deliberate displays or illicit watching of sexual activity, sex with close [[relatives]] ("incest"), harm to animals, acts involving [[death|dead people]], 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, it also usually regulates or controls the [[censorship]] of [[pornography|pornographic]] or [[obscenity|obscene]] material.
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===Common sex crimes===
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The activities listed below often carry a condition of illegality if acted upon, though they may usually be legally [[sexual roleplay|role-played]] between [[informed consent|consenting]] partners:
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*[[Rape]], [[lust murder]] and other forms of [[sexual assault]] and [[sexual abuse]]
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*[[Child sexual abuse]]
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*[[Statutory rape]]
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*[[Frottage (sexology)|Frotteurism]]: sexual arousal through rubbing one's self against a non-consenting stranger in public
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*[[Exhibitionism]] and [[voyeurism]], if deliberate and non-consensual, called "[[indecent exposure]]" and "[[peeping tom]]" respectively in this context.
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*[[Incest]] between close relatives - laws on what is permitted and not permitted vary widely.
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*[[Telephone scatologia]]: being sexually aroused by making obscene telephone calls
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*[[Zoosexuality and the law|Sex with animals]]
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*[[Necrophilia]]: sexual acts with the body of a dead person
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*[[Sexual harassment]]
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*Sexual acts by people in a [[position of trust]] (such as [[teacher]]s, [[physician|doctor]]s and [[police officer]]s), towards any person they are involved with professionally.
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*[[Extra-maritial relations]] are illegal in many places. In Islamic law, it is illegal under the term ''[[Zina (sex)|Zina]]''.
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A variety of laws protect children by making various acts with children a sex crime. 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]] (including simulated images).
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''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 [[consent (criminal)|legal consent]] and impose liability for any injuries caused. ''(See [[Consent (BDSM) ]])''
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===Acts which may be regarded as crimes in some areas===
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Many [[consensual crime|consensual]] sexual actions or activities which are widely permitted (or not criminalized) in one place, may none the less be viewed as crimes (often of a serious nature) in other places.
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The clearest example of this is [[homosexuality]] which varies from being legally protected and capable of [[marriage]] (See: [[Gay marriage]]) in some countries, through to obtaining the [[death penalty]] in others. Other examples include:
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*[[Adultery]]
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*[[Anal sex]] or other [[homosexuality|same sex]] sexual acts
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*[[Oral sex]]
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*Sex between young people of certain ages - this is a common problem when couples who are legally entitled to have sex in one location decide to visit or live in, another.
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*Various [[Paraphilia]]s/[[Sexual fetishism|Fetishes (Sexual)]] such as [[transvestic fetishism|transvestitism]]
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*[[Pornography]]
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*[[Nudity]]
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*[[Prostitution]] and/or [[pimp]]ing
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*Ownership of [[Vibrator (senual)|vibrator]]s and other [[sex toy]]s
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*Stealing underwear - Although stealing is always a crime, men's stealing of women's underwear or vice-versa is sometimes regarded as more serious than stealing same-sex underwear.
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==See also==
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* [[Sodomy law]]
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* [[Homosexuality laws of the world]]
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* [[Paraphilia]]
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* [[Sex offender registration]]
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* [[Law & Order: Special Victims Unit]] - Original name was '''Sex Crimes'''.
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==External links==
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Examples of laws in various localities:
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*[http://caselaw.lp.findlaw.com/cacodes/pen/261-269.html California]
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*[http://laws.justice.gc.ca/en/C-46/40863.html Canada]
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*{{PDFlink|[http://www.cityhpil.com/pdf/ordinances/chapter133.pdf Highland Park, Illinois]}}
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*[http://www.escortdistrict.co.uk/sex-and-the-law.php UK laws regarding prostitution updated for 2006]
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[[Category:Sex laws]]
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[[Category:Sex crimes]]
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[[Category:Criminology topics]]
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[[da:Sexkriminalitet]]
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[[nl:Zedenmisdrijf]]
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[[ja:性犯罪]]
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[[ru:Половые преступления]]
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[[sv:Sexualbrott]]
 
{{enWP|Sex and the law}}

Revision as of 16:35, 31 January 2007

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This article examines how human sexuality and sexual behavior interacts with, and is regulated by, human laws.

In general the law proscribes acts which are considered either sexual abuse, or inappropriate behavior against the social norms, within a given culture. In addition certain categories of activity, may be considered crimes even if freely consented to. Thus sex and the law varies from place to place.

Sexual acts which are prohibited by law in a jurisdiction, are also called sex crimes.

Age of consent

Main article: Age of consent

Many cultures, and all developed cultures, have established an age of consent, an age at which even if consent is given, sexual activity by an older person with a person under that age will be punished severely. The aim of an age of consent law is to protect impressionable young people, as they develop and mature.

Sex crimes

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, 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 or cross-dressing, that have traditionally been held to be crimes in some other 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, nonconsensual deliberate displays or illicit watching of sexual activity, sex with close relatives ("incest"), harm to animals, acts involving dead people, 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, it also usually regulates or controls the censorship of pornographic or obscene material.

Common sex crimes

The activities listed below often carry a condition of illegality if acted upon, though they may usually be legally role-played between consenting partners:

A variety of laws protect children by making various acts with children a sex crime. 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 (including simulated images).

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) )

Acts which may be regarded as crimes in some areas

Many consensual sexual actions or activities which are widely permitted (or not criminalized) in one place, may none the less be viewed as crimes (often of a serious nature) in other places.

The clearest example of this is homosexuality which varies from being legally protected and capable of marriage (See: Gay marriage) in some countries, through to obtaining the death penalty in others. Other examples include:

  • Adultery
  • Anal sex or other same sex sexual acts
  • Oral sex
  • Sex between young people of certain ages - this is a common problem when couples who are legally entitled to have sex in one location decide to visit or live in, another.
  • Various Paraphilias/Fetishes (Sexual) such as transvestitism
  • Pornography
  • Nudity
  • Prostitution and/or pimping
  • Ownership of vibrators and other sex toys
  • Stealing underwear - Although stealing is always a crime, men's stealing of women's underwear or vice-versa is sometimes regarded as more serious than stealing same-sex underwear.

See also

External links

Examples of laws in various localities:

da:Sexkriminalitet nl:Zedenmisdrijf ru:Половые преступления sv:Sexualbrott

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