Sex and the law
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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.
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Age of consent
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Main article: Age of consent
While the phrase age of consent typically does not appear in legal statutes,[1] when used with 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.[1] 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.[2] As a result, 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 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
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, Sexual Violation, 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 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.
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 of legal age:
- Rape, lust murder and other forms of sexual assault and sexual abuse
- Child sexual abuse
- Statutory rape
- Marital rape
- Obscenity
- Human trafficking
- Frotteurism: sexual arousal through rubbing one's self against a non-consenting stranger in public
- Exhibitionism and voyeurism, if deliberate and non-consensual, called "indecent exposure" and "peeping tom" respectively in this context.
- Incest between close relatives - laws on what is permitted and not permitted vary widely.
- Telephone scatologia: making obscene telephone calls for the purpose of sexual arousal
- Sex with animals
- Sexual harassment
- Sexual acts by people in a position of trust (such as teachers, doctors and police officers), towards any person they are involved with professionally.
- Extra-marital relations are illegal in some places. In Islamic law, it is illegal under the term Zina (See also Polygamy).
- Public order crimes are crimes that interrupt the flow of daily life and business according to local community standards. Public order crimes include paraphilia (deviancies).
- Homosexuality
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))
- Various Paraphilias/Fetishes (Sexual) such as transvestitism
- Pornography
- Prostitution and/or pimping
- Ownership of vibrators and other sex toys
- Public urination
- 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.
References
External links
Examples of laws in various localities:
- University of California, Santa Barbara's SexInfo Sex and the Law
- California
- Canada
- Highland Park, IllinoisPDF (57.5 KiB)
- UK laws regarding prostitution updated for 2006
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