How wrong is it to deceive a person into having sex with you? The common view seems to be that this depends on the nature of the deception. If it involves something very important, such as your identity, then the wrong done is very serious. But if it involves something more trivial, such as your natural hair colour, then the wrong seems less great. Tom Dougherty rejects this view. He argues that sexual deception is always seriously wrong. In this paper, (...) I present a response to Doughterty’s argument. I propose an analysis of the wrongness in deception according to which acts of deception, in sexual relations and elsewhere, may differ in their degree of wrongness, and some may not be seriously wrong. (shrink)

In 1977 Michel Foucault contemplated the idea of punishing rape only as a crime of violence, while in 1978 he argued that non-coercive sex between adults and minors should be decriminalized entirely. Feminists have consistently criticized these suggestions by Foucault. This paper argues that these feminist responses have failed to sufficiently understand the theoretical motivations behind Foucault's statements on sex-crime legislation reform, and will offer a new feminist appraisal of Foucault's suggestions.

In 2014, a large archive of hacked nude photos of female celebrities was released on 4chan and organized and discussed primarily on Reddit. This paper explores the ethical implications of this celebrity nude photo leak within a frame of gendered privacy violations. I analyze a selection of a mass capture of 5143 posts and 94,602 comments from /thefappening subreddit, as well as editorials written by female celebrities, feminists, and journalists. Redditors justify the photo leak by arguing the subjects are privileged (...) because they are celebrities; that the celebrities are at fault for failing to appropriately protect their information; and that the only person ethically responsible for the leak is the hacker. The popular press primarily took a feminist perspective, linking the photo leak to institutionalized sexism and misogyny. I argue that the Reddit participants frame the privacy violations within a context of geek masculinity, in which references to masturbation and pornography and casually misogynist language are used to signify a normative masculine self. Privacy violations are de-emphasized when the victims are women and gender or feminist concerns are rejected. Entitlement to viewing women’s bodies and male sexual desire are prioritized over ethical concerns over privacy violations. The paper contributes to understanding how privacy violations are normatively gendered and reinforced by gender inequality. (shrink)

This is a fascinating study of the a-temporal nature of evil in the West. The international authors who have contributed to this text not only concentrate on political, social and legally sanctioned cruelty from the past and present, but also explore the nature of moral transgression in contemporary art, media and literature. Although many forms and practices of what might be called evil' are analysed, all are bound by violence and/or the sexually perverse.

첨예하고 중대한 사안으로 떠오른 디지털 성범죄 사진 · 영상파일의 불법적 생산과 유포 · 무한공유 시스템은 현실세계의 여성들의 일상 속 시공간을 얽어매고 재구축하는 조건으로 강력히 작동하고 있다. 필자는 이러한 디지털성범죄 시스템을 남성 시선-주체의 특권적 인식 좌표계의 창출로 분석해내고자 하며 이 시스템의 메커니즘을 떠받히고 있는 형이상학적 기반들을 분쇄하고자 한다. 필자는 여성의 위치와 이동반경, 일거수일투족을 파악, 포착해내는 이러한 인식지표 틀의 초월성을 다음과 같은 두가지 측면에서 분석해내고자 한다. 첫째, 수직적 초월성(transcendent)의 측면에서 여성의 몸이 구획되고 차등적으로 배치되는 기원을 데카르트의 『성찰』을 통해 고찰할 것이다. 둘째, 칸트적 (...) 의미에서의 초월론적(transcendental) 측면에 입각하여 여기저기 파인 남근 다발체들의 시선-구멍이 일으키는 시공간의 왜곡과 변형에 대해 논의하겠다. 더 나아가 필자는 환상의 일상화된 무대로서 기능하게 된 현실에 대한 분석으로서 판타지가 작동하는 방식에 대한 지젝의 논의를 분석할 것이다. 판타지의 재현물들이 어떠한 방식으로 위계적으로 욕망의 대상들을 배치하고 있으며 현실 속으로 난입하고 있는지를 고찰할 것이다. (shrink)

Political theorists are certainly familiar with violence, an ever-present spectre of disorder in every major text. And while The Republic raised the sex issue more than two millennia ago, it has taken considerable feminist effort in recent years to get this re-centred again so that it is not just an issue about women, but an issue debated and expanded from women's perspectives on power relations in social relationships. Today this covers critical engagement with the ways that sex itself is constructed (...) as knowledge about anyone's body, the gendered hierarchies of power through which women and men are perceived and constrained, and the modes through which diverse sexualities are experienced within and projected upon the foregoing. (shrink)

In a sex selective abortion, a woman aborts a fetus simply on account of the fetus’ sex. Her motivation or underlying reason for doing so may very well be sexist. She could be disposed to thinking that a female child is inferior to a male one. In a hate crime, an individual commits a crime on account of a victim’s sex, race, sexual orientation or the like. The individual may be sexist or racist in picking his victim. He or she (...) could be disposed to thinking that one race or sex is inferior to another. I argue that while a prohibition on sex selective abortions is anomalous in a liberal, criminal legal framework, hate crime legislation may not be. The former but not the latter constitutes a thought crime. I define a thought crime as one where an agent’s motivation is not just relevant but sufficient to take an act from the domain of the non-punishable to the domain of the punishable. Ignoring a woman’s sexist motivation in procuring an abortion suddenly renders her act of abortion legal. On the other hand, discounting an agent’s bias in committing a hate motivated assault or murder does not transform the act from a punishable one to a non-punishable one. Assaulting or murdering is already a crime. (shrink)

This symposium contribution offers a reconsideration of a range of “vice crime” legislation from late nineteenth and early twentieth century American law, criminalizing matters such as prostitution, the use of opiates, illegal gambling, and polygamy. According to the standard account, the original justification for these offenses was purely moralistic and paternalistic ; and it was only later, in the late twentieth century, that those who supported such legislative initiatives sought to justify them in terms of their ability to prevent harms. (...) This piece argues that the rationale for these vice crimes laws was much more complicated than has traditionally been thought, encompassing not just moralistic justifications but also a wide range of harm-based rationales—similar to those that underlie modern, technocratic, “preventive justice” legislation involving matters such as anti-social behavior orders, sex offender registration, stop-and-frisk policing, and the fight against terrorism. (shrink)

What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial with?literary justice?: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside (...) policy and archival documentation and critical theoretical discourses, Shapiro?s War Crimes, Atrocity, and Justice challenges traditional notions of?responsibility? in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science. (shrink)

What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial with literary justice: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them (...) alongside policy and archival documentation and critical theoretical discourses, Shapiros War Crimes, Atrocity, and Justice challenges traditional notions of responsibility in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science. (shrink)

ABSTRACT Chemsex is a phenomenon in which typically gay, bisexual, trans, queer, and/or related communities of men take psychoactive drugs while having sex, often without a condom. The practice can lead to increased rates of HIV transmission, sexual assault, and in extreme cases murder. GBTQ+ men are already a stigmatised group so those who engage in chemsex face multiple stigmas. This study examines the ways that two types of media report on chemsex while negotiating these stigmas. We take a large (...) data set of newspaper articles written for the general British public and a smaller data set of magazines aimed at GBTQ+ men to examine how chemsex is represented in the media. We find that the mainstream press focus on extreme criminal cases involving chemsex, while the media aimed at GBTQ+ men focus on counselling services and discuss chemsex in relation to gay culture. Chemsex is unlikely to go away, and so we address how information about it is conveyed in different media and call for more research in this area. (shrink)

Since the collapse of the Berlin wall, women and girls have been trafficked from central and eastern Europe to work as prostitutes in the European Union. This paper looks at the response of the international community to the problem of sex trafficking as it impacts on the EU. The focus is on criminal justice intervention with respect to protection of and assistance to ‘victims’, and a specially witness protection, in the light of the following: the tensions and promises between treatment (...) of trafficked women as ‘victims’ of crime and criminal justice informants; and the need to re-focus on a ‘woman-centred’ approach to criminal justice intervention for trafficked women. Given the diverse nature of law and criminal justice practice between EU Member States, the paper necessarily presents a generic critique of current EU and international ‘best practice’ recommendations, with some commentary on practice based on the author's research, with respect to what ‘gold standards’ of practice offer in theory and what is delivered in reality. The question of ‘victim-centred’ justice and/or ‘woman-centred’ justice is raised in an effort to promote effective policy recommendations. (shrink)

Sex offenders are sometimes offered or required to undergo pharmacological interventions intended to diminish their sex drive (anti-libidinal interventions or ALIs). In this paper, we argue that much of the debate regarding the moral permissibility of ALIs has been founded on an inaccurate assumption regarding their intended purpose—namely, that ALIs are intended solely to realise medical purposes, not correctional goals. This assumption has made it plausible to assert that ALIs may only permissibly be administered to offenders with their valid consent, (...) in line with the approach taken to most other interventions with a medical aim. However, we argue that, contrary to this assumption, the state's intention in relation to at least some ALIs is, at least in part, to achieve correctional objectives. We evaluate two legal regimes for ALI provision—section 645 of the California Penal Code and the mental health regime in England and Wales. In each case, we identify the state's implicit purpose in imposing ALIs and argue that the Californian and English regimes both serve as counterexamples to the view that ALIs are intended solely for medical purposes. While the moral implications of our argument are not straightforward, it raises the question whether consent is required for permissible imposition of ALIs, and more generally, whether the moral permissibility of crime-preventing interventions using medical means should be assessed against the standards of medical ethics or against those of criminal justice ethics. (shrink)

Decisions of individuals relating to homosexual conduct have been subject to state intervention throughout the history of Western Civilization. Condemnation of those practices is firmly rooted in Judeo‐Christian moral and ethical standards˜. Blackstone described ‘the infamous crime against nature’ as an offense of ‘deeper malignity than rape’….

Several prominent theorists have recently advocated reconceptualizing rape as “nonconsensual sex,” omitting the traditional “force” element of the crime. I argue that such a conceptualization fails to capture what is distinctively problematic about rape for women and why rape is pivotal in supporting women’s gender oppression. I argue that conceptualizing rape as coerced sex can replace both the force and nonconsent elements and thereby remedies some of the main difficulties with extant definitions, especially in recognizing “acquaintance” rape as such. I (...) argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reading The Second Sex Sixty Years LaterJulia KristevaTranslated by Timothy HackettPublished in 1949, today The Second Sex is a youthful sixty-year-old woman who has created a scandal, but also a school of thought: She marks a decisive stage in women's liberation and continues to accelerate it.Let's try to place ourselves in that year, 1949: The world has barely dressed its wounds from World War II and onto the scene (...) steps a young French woman—from an aristocratic and Catholic background, enjoying a liberal lifestyle and endowed with philosophical tenacity, pedagogical talents, and contagious style without precedent—who announces to her dumbfounded readers that the second sex is free. To be sure, she immediately issues the following qualification, "the free woman is just being born" (Beauvoir 2010, 751), and this remains the case today. It is, however, already a global phenomenon, one that has not yet finished leaving its effects, since what is at stake is a veritable anthropological revolution: I say "anthropological revolution" for, beyond the freedom of choice with respect to maternity and the right to social, economic, and political equality, what is at stake is a new form of assuring the continuity of the human species along with the bold definition of transcendence as freedom. What becomes of humanity if birth, freedom, and the spectacle are put in the hands of women? Obscurantists, fundamentalists, and puritans of all stripes become alarmed and decry the scandal. If the future is hereby opened up—with all the risks that this entails—does it welcome and offer new possibilities?This anthropological revolution has been in preparation since the beginning of time. The British suffragettes inscribed it in their political agenda and feminist movements after May '68 intended to deepen it. But this revolution [End Page 137] [elle] only became conscious of its magnitude and took the world by storm, thanks to the experience and the pen of Simone de Beauvoir.Simone de Beauvoir (1908-1986) is already a well-known philosopher and writer by 1949, when she begins to create something of a scandal: she has already published She Came to Stay, Pyrrhus and Cineas, The Blood of Others, Who Shall Die?, All Men Are Mortal, The Ethics of Ambiguity, and America Day By Day. Along with Jean-Paul Sartre and in the wake of the burgeoning (naissant) existentialist movement (whose genesis she would intimately describe in Les Mandarins, 1954), Simone de Beauvoir pursues an experience that is at once personal and political, as well as a philosophical project whose central theme and absolute objective is freedom, which she understands as a form of revolt and non-consent. It remains important to emphasize this today as we begin the third millennium, a time in which freedom, revolt, and non-consent tend to disappear in favor of other concerns that reflect a globalized world: fear, security, adaptation, and integration."Freedom" lies at the heart of the life and the work of the one whom the hostile press disparagingly calls "Sartrean." The freedom of Madame Roland, who acknowledged, "Oh what crimes are committed in thy name," is the same freedom whose risks Simone de Beauvoir downplays in The Ethics of Ambiguity, a work that denounces the ambivalent fascination with communism found in other existentialists.Freedom nevertheless; above all and at all costs: For Simone de Beauvoir, freedom (elle) remains and will remain the inextinguishable star that has incessantly guided philosophical inquiry since Socrates; inspired the noble heights of Christian thought, particularly in Pascal (who deemed man more noble than the universe that crushes him, for he knows that he dies while the universe doesn't). It is the same freedom that fueled the rebellious bodies and spirits of the Enlightenment; that forged the style of great European literature; it is the same freedom that animates Hegel's dialectic and even modern phenomenology, which existentialism takes as its support. So many references and experiences resonate in the work of this forty-year-old author as she sets out to write The Second Sex.Her first novels recount the relentless struggles that women undergo (jealousy, abandonment, solitude, violence, various injustices) in order to extricate themselves from their... (shrink)

Draws on research at college and university campuses to explore the topics of sex, consent, and sexual assault, discussing statistics about the prevalence of campus rape, and offering advice on how to make college a safer experience.

The Policing and Crime Act 2009 introduced radical reforms relating to the regulation of sex work. In particular, section 14 criminalised paying for sexual services of a prostitute subjected to force. This article will provide a close and critical reading of the official texts relating to this new offence through a discourse theory developed from the work of Judith Butler. Drawing upon Butler’s insights, it will be argued that the official texts relating to section 14 problematically construct the subject of (...) prostitution in a way which maintains and perpetuates certain partial and idealised identities. However, it will be argued that the law will inevitably fail and that more inclusive and productive measures need to be adopted in order to deal effectively with prostitution. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 277-299.

This paper sketches the emergence of, and shifts within, the social, legal, and political figurations of sex workers in Poland. By adopting a genealogical perspective, I investigate how sex workers have been (re)constituted as subjects of governance and unimaginable social justice claimants in legislation, political debates, and law enforcement strategies. With a broad temporal scope, this article traces continuities, transformations, and disruptions within modes of sex work governance in Poland from the adoption of the first laws relating to sex work (...) enacted during the early 19th century to the present day. Through analysis of policy documents, scholarly work on the history of sex work policies in Poland, and personal accounts by sex workers, I identify and examine two dominant discursive and legal figurations of a sex worker: as a threat, and as a victim in need of rescue and protection. While analysing the emergence of and interplay between these two figurations, this article demonstrates how these seemingly contradictory frames of recognition gradually conjoined within 20th-century Polish sex work governance strategies, rendering sex workers unimaginable subjects of rights and social justice claimants. (shrink)

Based on an ethnographic study of fingerprint and DNA evidence practices in the Swedish judicial system, this article analyses the materialization of forensic evidence. It argues that forensic evidence, while popularly understood as firmly rooted in materiality, is inseparably technoscientific and cultural. Its roots in the material world are entangled threads of matter, technoscience and culture that produce particular bodily constellations within and together with a particular sociocultural context. Forensic evidence, it argues further, is co-materialized with crimes as well (...) as with particular bodily and social constellations. Consequently, the article suggests that an analysis of how forensic evidence is produced can contribute to feminist understandings of the inseparability of sex and gender: understanding bodies as ongoing technoscientific-material-cultural practices of materialization may be a fruitful approach to analysing their complexity, and the relationships in which they are placed, without surrendering to either cultural or biological determinism. Taking a theoretical point of departure not only in an STS-informed approach, but also in material feminist theorizations, the article also underlines that the suggested theoretical conversations across borders of feminist theory and STS should be understood as a two-way-communication where the two fields contribute mutually to each other. (shrink)

Qu’est ce que le « viol » au XVIe siècle? Le terme existe-il? Est-ce alors un crime? Lequel? Et contre qui? Ces questions a priori naïves soulèvent pourtant d’importants problèmes relatifs à l’histoire des violences sexuelles : celui de la dénomination de ces violences, aucun terme spécifique ne permettant alors de les désigner, et celui de leur qualification relativement ambiguë pour le XVIe siècle. L’étude croisée de sources normatives, narratives et judiciaires, permet en effet de constater que le « viol (...) » ne constitue pas encore une catégorie juridico-médicale parfaitement définie mais une circonstance aggravante du rapt et de l’adultère, crimes relevant du contrôle des rapports de sexes. La mise en lumière des enjeux socioculturels à l’œuvre dans la qualification des violences sexuelles devrait permettre de comprendre comment une agression sexuelle contre une femme devient, pour la société d’Ancien Régime, un crime contre un homme. (shrink)

This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that may not be fully consensual but (...) do not include the use of physical force? If so, can convincing answers be provided for due process questions about what constitutes valid consent to sex and how to tell when it is present. This paper warns of the difficulties in determining what counts as evidence of nonconsent and mens rea in light of the “linkage thesis” which takes valid consent in these cases to be bilateral and interactive, and to imply the absence of mens rea. Given the complexity of norms governing these sexual interactions and the high likelihood of reasonable mistakes about consent, this paper contends that criminalizing these cases of simple rape will often result in the unjust treatment of the relevant parties. (shrink)

The article presents a theoretical discussion and sociological analysis about the tensions in the building of social sex/gender relationships that are at the basis of the exclusion of women within the political field. It shows contents in dispute in the production of politics, considering the weight that categories play in the relations at a global level and in the school, the attributions inside the system sex/gender, the significations in politics, and the modes in which it is subjectified, resisted and confront (...) different logics to understand life and politics, considering the conceptual distinctions between Bíos and Zoé. This discussion allows the analysis of the imaginary institution within systematic difficulties and obstacles of political and legal kind during the post dictatorship in Chile, where based on arguments about the sex/gender system, the exclusion of women from the political field is established, limiting the development of politics that valorizes cultural diversity and human rights, accentuating discrimination and social exclusion. These shape the discussion over the modes in which the political field for women is configured, recovering the possibilities of conflict as an opening of that horizon. El artículo presenta una discusión teórica y análisis sociológico acerca de las tensiones en la construcción social de las relaciones sexo/género, que fundamentan la exclusión del campo político de las mujeres. Se distinguen los contenidos en disputa en la producción de la política, considerando el peso que tienen las categorías en juego en las relaciones a nivel global y en el espacio de la escuela, las atribuciones dentro del sistema sexo/género, las significaciones de la política, y los modos en que se subjetivan, se resisten y se confrontan diferentes lógicas para entender la vida y la política, teniendo como base las distinciones conceptuales entre Bios y Zoé. Esta discusión permite analizar la institución del imaginario en el marco de las dificultades sistemáticas y obstáculos de tipo político y legal durante la post dictadura en Chile, donde sobre la base de argumentos propios del sistema sexo/género, se establece la exclusión del campo político de las mujeres, limitando el desarrollo de políticas que pongan en valor la diversidad cultural y los derechos humanos, acentuando la discriminación y la exclusión social. Estos dan forma a la discusión sobre el modo en que se configura el campo de lo político para las mujeres, recuperando las posibilidades del conflicto como apertura de este horizonte. (shrink)

This paper examines the ethical issues faced by health workers managing a fictional case of a female sex worker who is hepatitis B positive with a high level of virus but is asymptomatic. According to guidelines she does not require treatment herself, but is potentially highly infectious to others. Recent legal cases in the UK show it can be criminal to pass on HIV or hepatitis B infection sexually if the risk is known and the partner has not been informed. (...) However, there is no statute or case law showing that health workers are required to intervene to prevent such a potential ‘crime’, particularly when the partners are unknown, as in this case. The health workers could respond in various ways. They could do nothing, thus making further infection probable. They could advise the sex worker to use condoms and to inform her clients. They could treat the sex worker to reduce her level of infectivity, although there is no benefit to her. They could disclose the sex worker's status, although breaking confidentiality is a serious matter ethically and may be of no benefit to the unknown client group. Regulating prostitution might help; but sex workers with infection may work off licence. This paper discusses the clinical, moral and ethical issues associated with such a scenario and concludes that the most beneficial course is to target clients, through health education, to recognise the potential risks of infection from a sex worker and to take suitable precautions including immunisation against hepatitis B. (shrink)

This paper examines the problematisation of sex-selective abortion (SSA) in UK parliamentary debates on Fiona Bruce's Abortion (Sex-Selection) Bill 2014–15 and on the subsequent proposed amendment to the Serious Crime Bill 2014–15. On the basis of close textual analysis, we argue that a discursive framing of SSA as a form of cultural oppression of minority women in need of protection underpinned Bruce's Bill; in contrast, by highlighting issues more commonly articulated in defence of women's reproductive rights, the second set of (...) debates displaced this framing in favour of a broader understanding, drawing on postcolonial feminist critiques, of how socio-economic factors constrain all women in this regard. We argue that the problematisation of SSA explains the original cross-party support for, and subsequent defeat of, the policies proposed to restrict SSA. Our analysis also highlights the central role of ideology in the policy process, thus making politics visible in policymaking. (shrink)

Neurological interventions are sometimes used to prevent criminal behavior. For instance, in some jurisdictions, sex offenders can be compelled to undergo treatment designed to reduce sexual desire. As David Birks and Thomas Douglas observe in their introduction to this volume, “chemical castration” may be just the tip of the iceberg. As neuroscience advances, it could reveal many other ways to control criminality. For instance, pharmacological treatments may help combat violent behavior or drug abuse. Such “crime-preventing neurointerventions” have been controversial. On (...) the one hand, proponents argue that CPNs could be both more effective and more humane than incarceration. On the other, critics argue that coercively imposed CPNs violate individual rights and that society has a poor track record of using medical interventions for social control. The nineteen original essays in this book comprehensively cover and effectively advance the moral debate over the appropriate use of CPNs. (shrink)

This study investigated the modus operandi strategies employed by 120 coaches who committed sexual abuse toward 331 athletes under their authority. More than 2,000 Canadian court judgements and media reports were identified using online search databases. Using descriptive analysis, 51 strategies used in six modus operandi stages were identified. Results highlighted the most frequent strategies used by coaches for each stage of the crime commission process. Additionally, findings revealed the influence of the victims' gender, coaches' sport level and year of (...) coaches' first offenses on modus operandi strategies used. Implications for crime prevention measures are discussed. (shrink)