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Sexuality and Law: Volume II Crime and Punishment

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Edited by: Ruthann Robson

ISBN13: 9780754628705
Published: May 2011
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £195.00



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The continued criminalization of same-sex sexual acts, variously labeled sodomy, buggery, or the crime against nature, is inconsistent throughout the world. The criminalization of other sexual acts, such as public sex, commercial sex, or HIV-transmission, is more common. The relationship between sexuality and criminality is not limited to a direct criminalization of sexual acts, however. The victimization of sexual minorities because of their sexuality has gamered attention in the conceptualization of hate crimes in many countries. When sexual minorities are accused of victimizing others, the criminal justice system can conflate sexual identity with the criminal acts resulting in biased convictions. Imprisonment and punishment norms can pose special problems in the context of gender minorities or for sex offenses. The papers reprinted in this volume cover doctrinal, theoretical and political analysis of the current and historical criminalization of a wide variety of sexual acts, including ones less commonly discussed. It also includes discussions of the 'homosexual panic' defense, hate crimes and domestic violence, as well as examinations of specific cases in which the sexuality of the accused becamse pertinent. The volume also includes discussions of the imprisonment of gender nonconforming persons in systems of sex-segregated prisons and the treatment of 'sex offenders'.

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Subjects:
Criminal Law
Contents:
Part I Sodomy
Legal discrimination against homosexuals - a blind spot of the Commonwealth of Nations?, Michael Kirby
The myth of lesbian impunity, Louis Crompton
Lawrence v. Texas and the limits of the criminal law, Adil Ahmad Haque
Genealogy of the Australian homocriminal subject: a study of two explanatory models of deviance, Derek Dalton.
Part II Criminalization of Other Types of Sex
Ordinary folk and cottaging: law, morality and public sex, Paul Johnson
Risk-taking, recklessness and HIV transmission: accommodating the reality of sexual transmission of HIV within a justifiable approach to criminal liability, Samantha Ryan
Gender outlaws before the law: the courts of the borderland, Aeyal Gross
Morality based legislation is alive and well: why the law permits consent to bodily modification but not sadomasochistic sex, Kelly Egan
Abuse of a corpse: a brief history and retheorization of necrophilia laws in the USA, John Troyer
Work, sex, and sex-work: competing feminist discourses on the international sex trade, Kate Sutherland
Sexual Minority Victims: Hate crime and the image of the stranger, Gail Mason
The same difference: protecting same-sex couples under the Domestic Violence Ordinance, Puja Kapai
Sexual Minority Defendants: The Geronimo bank murders: a gay tragedy, Joan Howarth
Lesbianism and the death penalty: a 'hard core' case, Ruthann Robson
No straight answer: homophobia as both an aggravating and mitigating factor in New Zealand homicide cases, Elisabeth McDonald.
Part III Punishment: Safety and solidarity across gender lines
rethinking segregation of transgender people in detention, Gabriel Arkles
Sex offender as scapegoat: the monstrous other within, John Douard
Name index.