Read more
This book explores the idea that the proper role of criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private, consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice, as is explored in the context of a wide range of offenses.
List of contents
- Preface
- Acknowledgements
- Introduction
- Part I. Conceptual Toolbox
- Chapter 1. The Sexual Offenses and Sexual Conduct
- Chapter 2. Autonomy and Consent
- Chapter 3. Criminalization and Liberalism
- Part II. Nonconsensual and Unwanted Sex
- Subpart A. Proving Nonconsent
- Chapter 4. Rape Law Commonalities
- Chapter 5. Rape as Unconsented-to Sex
- Chapter 6. Rape by Deception
- Chapter 7. Rape by Coercion
- Subpart B. Presuming Nonconsent
- Chapter 8. Incapacity to Consent
- Chapter 9. Statutory Rape
- Chapter 10. Abuse of Position
- Subpart C. Unwanted Sex
- Chapter 11. Sexual Harassment as Crime
- Subpart D. Assumption of Risk
- Chapter 12. Voyeurism
- Chapter 13. Indecent Exposure
- Part III. Putatively Consensual Sex
- Chapter 14. Incest
- Chapter 15. Sadomasochistic Assault
- Chapter 16. Prostitution
- Part IV. Aconsensual Sex
- Chapter 17. Bestiality
- Chapter 18. Necrophilia
- Conclusion
- Bibliography
About the author
Stuart P. Green is a Distinguished Professor of Law at Rutgers University.
Summary
Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, and revenge porn. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence.
At the heart of the book is a consideration of a deeply contested question: How should a liberal system of criminal law adequately protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate? The book develops a framework for harmonizing these goals in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape and sexual assault in a variety of forms, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia. Intellectually rigorous, fair-minded, and deeply humane, Criminalizing Sex offers a fascinating discussion of a wide range of moral and legal puzzles, arising out of real-world cases of alleged sexual misconduct - a discussion that is all the more urgent in the age of #MeToo.
Additional text
An indispensible read for anyone interested in criminal law theory and sexual offenses, Stuart Green's newest book scrutinizes the foundations of prohibitions that target a large variety of sexual misconduct, from rape to necrophilia. His conceptual framework emphasizes, in a liberal tradition, the distinction between consensual and nonconsensual sex. Readers from all over the world will profit from this clear, analytical approach that transcends the boundaries of national law.
