A rape victim charges that pornography caused her attacker to become a sex offender. A lesbian mother fights for custody of her child. A transsexual pilot is fired by a commercial airline after undergoing sex change and sues for sex discrimination. A homosexual is denied employment because of sexual orientation. A woman argues that her criminal behavior should be excused because she suffers from premenstrual syndrome. The law has much to say about sexual behavior, but what it says is rarely influenced by the findings of social science research over recent decades. This book focuses for the first time on the dynamic interplay between sexual science and legal decisionmaking. Reflecting the author's wide experience as a respected sex researcher, expert witness, and lawyer, Sexual Science and the Law provides valuable insights into some of the most controversial social and sexual topics of our time. Drawing on an exhaustive knowledge of the relevant research and citing extensively from case law and court transcripts, Richard Green demonstrates how the work of sexual science could bring about a transformation in jurisprudence, informing the courts in their deliberations on issues such as sexual privacy, homosexuality, prostitution, abortion, pornography, and sexual abuse. In each case he considers, Green shows how the law has been shaped by social science or impoverished by reliance on conjecture and received wisdom. He examines the role of sexual science in legal controversy, its analysis of human motivation and behavior, and its use by the courts in determining the relative weight to be given the desires of the individual, the standards of society, and the power of the state in limiting sexual autonomy. Unprecedented in its portrayal of sexuality in a legal context, this scholarly but readable book will interest and educate professional and layperson alike--those lawyers, judges, sex educators, therapists, patients, and citizens who find themselves standing nonplussed at the meeting place of morality and behavior.

One scarcely knows whether to laugh or cry. The spectacle presented, in Cynthia Russett's splendid book, of nineteenth-century white male scientists and thinkers earnestly trying to prove women inferior to men--thereby providing, along with "savages" and "idiots," an evolutionary buffer between men and animals--is by turns appalling, amusing, and saddening. Surveying the work of real scientists as well as the products of more dubious minds, Russett has produced a learned yet immensely enjoyable chapter in the annals of human folly. At the turn of the century science was successfully challenging the social authority of religion; scientists wielded a power no other group commanded. Unfortunately, as Russett demonstrates, in Victorian sexual science, empiricism tangled with prior belief, and scientists' delineation of the mental and physical differences between men and women was directed to show how and why women were inferior to men. These men were not necessarily misogynists. This was an unsettling time, when the social order was threatened by wars, fierce economic competition, racial and industrial conflict, and the failure of society to ameliorate poverty, vice, crime, illnesses. Just when men needed the psychic lift an adoring dependent woman could give, she was demanding the vote, higher education, and the opportunity to become a wage earner! No other work has treated this provocative topic so completely, nor have the various scientific theories used to marshal evidence of women's inferiority been so thoroughly delineated and debunked. Erudite enough for scholars in the history of science, intellectual history, and the history of women, this book with its stylish presentation will also attract a large nonspecialist audience.

An examination of the clergy sexual abuse crisis from diverse scholarly perspectives

Convicted sex offenders released from custody at the end of their criminal sentences pose a risk for re-offense. In many US states, Sexually Violent Predator (SVP) laws have been enacted that allow for the post-prison preventive detention of high risk sex offenders. SVP laws require the courts to make dispositions that protect the public from harm while at the same time respecting the civil rights of the offender. This book describes these SVP laws, their constitutionality, and aspects of their operation. Courts hear expert risk testimony based heavily on the results of actuarial risk assessment. Problems associated with this testimony include the lack of a theory of recidivism risk, bias due to human decision-making, and the insularity of scholarship and practice along developmental lines. The authors propose changes in legal standards, as well as a unified developmental model that treats sexual violence as an "evolving" condition, with roots traceable to childhood and paths that extend into adolescence and adulthood.

From sexual abuse and fetishism to necrophilia and sadomasochism, this unique volume identifies fourteen classifications of unusual sexual pathologies. Emphasizing the physical and psychological aspects of sexuality itself, the book presents detailed comparisons of legal and medical definitions, historical aspects, current incidence, and geographic

Sex has no history, but sexual science does. Starting in the late nineteenth century, scholars and activists all over the world suddenly began to insist that understandings of sex be based on science. As Japanese and Indian sexologists influenced their German, British and American counterparts, and vice versa, sexuality, modernity, and imaginings of exotified “Others” became intimately linked. The first anthology to provide a worldwide perspective on the birth and development of the field, A Global History of Sexual Science contends that actors outside of Europe—in Asia, Latin America, and Africa—became important interlocutors in debates on prostitution, birth control or transvestitism. Ideas circulated through intellectual exchange, travel, and internationally produced and disseminated publications. Twenty scholars tackle specific issues, including the female orgasm and the criminalization of male homosexuality, to demonstrate how concepts and ideas introduced by sexual scientists gained currency throughout the modern world.

Karl Ulrichs's studies of sexual diversity galvanized the burgeoning field of sexual science in the nineteenth century. But in the years since, his groundbreaking activism has overshadowed his scholarly achievements. Ulrichs publicly defied Prussian law to agitate for gay equality and marriage, and founded the world's first organization dedicated to the legal and social emancipation of homosexuals. Ralph M. Leck returns Ulrichs to his place as the inventor of the science of sexual heterogeneity. Leck's analysis situates sexual science in a context that includes politics, aesthetics, the languages of science, and the ethics of gender. Although he was the greatest nineteenth-century scholar of sexual heterogeneity, Ulrichs retained certain traditional conjectures about gender. Leck recognizes these subtleties and employs the analytical concepts of modernist vita sexualis and traditional psychopathia sexualis to articulate philosophical and cultural differences among sexologists. Original and audacious, Vita Sexualis uses a bedrock figure's scientific and political innovations to open new insights into the history of sexual science, legal systems, and Western amatory codes.

div When it was published twenty-five years ago, Catharine MacKinnon’s pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment; the importance and definition of consent and unwelcomeness; issues of same-sex harassment; questions of institutional responsibility for sexual harassment in both employment and education settings; considerations of freedom of speech; effects of sexual harassment doctrine on gender and racial justice; and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter century. /DIV

Introduction -- Kissing cousins : queerness, crime, and knowing -- Seeing sexuality like a state -- Forensic psychology, complicit expertise, and the legitimation of law -- Insurgent expertise and the hybrid network of LGBTQ asylum -- Asylum seekers and signs of queerness -- Sex offenders and the detection of deviance -- Queer subjects and the construction of risky countries -- Sexual predators and the constitution of dangerous individuals -- Conclusion : sexuality, science, and citizenship in the twenty-first century.

When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.