Sex and the law
This article examines how human
sexuality and
sexual behavior interacts with, and is regulated by, human
laws.
In general the law proscribes acts which are considered either
sexual abuse, or inappropriate behavior against the
social norms, within a given culture. In addition certain categories of activity, may be considered
crimes even if freely consented to. Thus sex and the law varies from place to place.
Sexual acts which are prohibited by law in a
jurisdiction, are also called
sex crimes.
Many cultures, and all developed cultures, have established an
age of consent, an age at which even if consent is given, sexual activity by an older person with a person under that age will be punished severely. The aim of an age of consent law is to protect impressionable young people, as they develop and
mature.
Sex crimes are forms of
human sexual behavior that are
crimes. Someone who commits one is said to be a
sex offender. Some sex crimes are crimes of
violence that involve sex. Others are violations of social
taboos, such as
incest,
indecent exposure or
exhibitionism. There is much variation among cultures as to what is considered a crime or not, and in what ways or to what extent crimes are punished.
Western cultures are often far more tolerant of acts, such as
oral sex or
cross-dressing, that have traditionally been held to be crimes in some other cultures, but combine this with lesser tolerance for the remaining crimes. By contrast, many cultures with a strong religious tradition consider a far broader range of activities to be serious crimes.
As a general rule, the law in many countries often intervenes in sexual activity involving young or adolescent children below the legal
age of consent, nonconsensual deliberate displays or illicit watching of sexual activity, sex with close
relatives ("incest"), harm to animals, acts involving
dead people, and also when there is harassment, nuisance, fear, injury, or assault of a sexual nature, or serious risk of abuse of certain professional relationships. Separately, it also usually regulates or controls the
censorship of
pornographic or
obscene material.
Common sex crimes
The activities listed below often carry a condition of illegality if acted upon, though they may usually be legally
role-played between
consenting partners:
*
Rape,
lust murder and other forms of
sexual assault and
sexual abuse*
Pedophilia: sexual attraction to prepubescent children, in the form of
child sexual abuse or
child molestation.
*
Ephebophilia: sexual attraction to adolescents (ie, postpubescent youth, such as
teenagers)
*
Frotteurism: sexual arousal through rubbing one's self against a non-consenting stranger in public
*
Exhibitionism and
voyeurism, if deliberate and non-consensual, called "
indecent exposure" and "
peeping tom" respectively in this context.
*
Incest between close relatives - laws on what is permitted and not permitted vary widely.
*
Telephone scatologia: being sexually aroused by making obscene telephone calls
*
Zoophilia: sexual attraction to animals
*
Necrophilia: sexual acts with the body of a dead person
*
Sexual harassment*Sexual acts by people in certain responsible or trusted roles (such as
teachers,
doctors and
police officers), towards any person they are involved with professionally.
*
Extra-maritial relations is illegal in many places. In Islamic law, it is illegal under the term
Zina.
A variety of laws protect children by making various acts with children a sex crime. These can include Age of Consent laws, laws preventing the exposure of children to pornography, laws making it a crime for a child to be involved in (or exposed to) certain sexual behaviors, and laws against
child grooming and the production and ownership of
child pornography (including simulated images).
Non-consensual sadomasochistic acts may legally constitute assault, and therefore belong in this list. In addition, some jurisdictions criminalize some or all sadomasochistic acts, regardless of
legal consent and impose liability for any injuries caused.
(See Consent (BDSM) )Acts which may be regarded as crimes in some areas
Many
consensual sexual actions or activities which are widely permitted (or not criminalized) in one place, may none the less be viewed as crimes (often of a serious nature) in other places.
The clearest example of this is
homosexuality which varies from being legally protected and capable of
marriage (See:
Gay marriage) in some countries, through to obtaining the
death penalty in others. Other examples include:
*
Adultery*
Anal sex or other
same sex sexual acts
*
Oral sex*Sex between young people of certain ages - this is a common problem when couples who are legally entitled to have sex in one location decide to visit or live in, another.
*Various
Paraphilias/
Fetishes (Sexual) such as
transvestitism*
Pornography*
Nudity*
Prostitution and/or
pimping
*Ownership of
vibrators and other
sex toys
*Stealing underwear - Although stealing is always a crime, men's stealing of women's underwear or vice-versa is sometimes regarded as more serious than stealing same-sex underwear.
*
Sodomy law*
Homosexuality laws of the world*
Paraphilia*
Sex offender registration*
Law & Order: Special Victims Unit-Original name was
Sex Crimes.
Examples of laws in various localities:
*
California*
Canada*
Highland Park, Illinois 
