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16 - Regulating Sexuality

from Section V - Regulating Sexuality and Bodily autonomy

Published online by Cambridge University Press:  05 June 2012

Celia Wells  and
Oliver Quick
Celia Wells
Affiliation:
University of Bristol
Oliver Quick
Affiliation:
University of Bristol
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Summary

The orthodox separation of sexual offences into consensual and non-consensual offences significantly shapes legal images of sexuality. Yet, as we have seen, the question of consent in adult sexual relationships is a contested one. Duncan notes that:

…the power of the criminal law in respect of physical and sexual violence is not merely or even mainly juridical, but, more importantly, disciplinary. As a disciplinary power, these aspects of the law's text demarcate the boundary between the normal and the abnormal and, in doing so, they define the normal around the notion of the heterosexual male subject in two principal ways: first, by a concept of consent which is very differently constructed as between offences and, secondly, by a subtext of visibility which privileges visible physical violence over (often) invisible sexual violence. The law disciplines bodies differentially as between different genders and different sexual orientations

[Duncan 1995, p. 326].

The extraordinary number of different offences, albeit most now gathered in the Sexual Offences Act 2003, testifies to the confusions besetting what are regarded as appropriate legal and social responses in this area. What is the connection between sexual activity between two 15-year-olds and the persistent sexual abuse of a small child by a relative? Is child sexual abuse an abuse of sexual autonomy, or of trust, or of physical security, or all three?

Type
Chapter
Information
Lacey, Wells and Quick Reconstructing Criminal Law
Text and Materials
 , pp. 540 - 595
Publisher: Cambridge University Press
Print publication year: 2010

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References

Brown, BeverleyLegal Spectacles (Athlone Press 1998).
Butler, JudithExcitable Speech (Routledge 1997).
Beatrix Campbell Unofficial Secrets, Child Sexual Abuse: The Cleveland Case (Virago 1988).
Cobley, Cathy ‘Sex Offenders in the Community: managing and reducing the risks’ in Matravers, Amanda (ed.) Managing Sex Offenders in the Community: Managing and Reducing the Risks (Willan Publishing 2003), pp. 51–71.Google Scholar
Dworkin, AndreaPornography: Men Possessing Women (Women's Press 1981).
Easton, SusanThe Problem of Pornography: Regulation and the Right of Free Speech (Routledge 1994).
Grace, SharonTesting Obscenity: An International Comparison of Laws and Controls in Relation to Obscene Material (Home Office Research Study 157, 1996).
Hoyano, Laura and Keenan, CarolineChild Abuse: Law and Policy Across Boundaries (Oxford University Press 2007).Google Scholar
Hester, Marianne and Westmarland, Nicole, Tackling Street Prostitution: Towards a Holistic Approach Home Office Research Study 279 (Home Office 2004).
Home Office A Co-ordinated Prostitution Strategy and a Summary of Responses to Paying the Price (2006b).
Itzin, Catherine (ed.) Pornography: Women, Violence and Civil Liberties (Oxford University Press 1992).
Lacey, Nicola ‘Theory into Practice? Pornography and the Public/Private Dichotomy’ (1993) 20 Journal of Law and Society93.CrossRefGoogle Scholar
Lacey, Nicola ‘Beset by Boundaries: The Home Office Review of Sex Offences’ (2001) Criminal Law Review 3.Google Scholar
Law Commission Consent in the Criminal Law (Consultation Paper 139, HMSO 1995).
Letherby, Gayleet al., Sex as Crime? (Willan 2008).
MacKinnon, CatharineToward a Feminist Theory of the State (Harvard University Press 1989), ch. 11.Google Scholar
MacKinnon, CatharineOnly Words (Harvard University Press 1993).Google Scholar
Mathews, Roger and O'Neill, Maggie (eds.) Prostitution (Ashgate 2003).
Matsuda, Mari J., Lawrence, Charles R., Delgado, Richard, Williams, Kimberlé CrenshawWords that Wound: Critical Race Theory, Assaultive Words and the First Amendment (Westview Press 1993).Google Scholar
Moran, Leslie J. ‘Violence and the Law: The Case of Sado-Masochism’ (1995) 2 Social and Legal Studies225.CrossRefGoogle Scholar
Moran, Leslie J.The Homosexual(ity) of Law (Routledge 1996).
Andrew, Murray ‘The Reclassification of Extreme Pornographic Images’ (2009) 72 Modern Law Review73Google Scholar
Robertson, GeoffreyMedia Law (Penguin Books 2002).
Sanders, Teela, O'Neill, Maggie and Pitcher, JaneProstitution: Sex Work, Policy and Politics (Sage 2009).
Spencer, John ‘The Sexual Offences Act 2003: Child and Family Offences’ (2004) Criminal Law Review328.Google Scholar

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  • Regulating Sexuality
  • Celia Wells, University of Bristol, Oliver Quick, University of Bristol
  • Book: Lacey, Wells and Quick Reconstructing Criminal Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511751028.020
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  • Regulating Sexuality
  • Celia Wells, University of Bristol, Oliver Quick, University of Bristol
  • Book: Lacey, Wells and Quick Reconstructing Criminal Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511751028.020
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Regulating Sexuality
  • Celia Wells, University of Bristol, Oliver Quick, University of Bristol
  • Book: Lacey, Wells and Quick Reconstructing Criminal Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511751028.020
Available formats
×