Sex, Sexuality, Law, and (In)justice PDF
Preview Sex, Sexuality, Law, and (In)justice
Sex, Sexuality, Law, and (In)Justice Sex, Sexuality, Law, and (In)Justice covers a wide range of legal issues associated with sexuality, gender, reproduction, and identity. These are critical and sensitive issues that law enforcement and other criminal justice professionals need to understand. The book synthesizes the literature across a wide breadth of perspectives, exposing students to law, psychology, criminal justice, sociology, philosophy, history, and, where relevant, biology, to critically examine the social control of sex, gender, and sexuality across history. Specific federal and state case law and statutes are integrated throughout the book, but the text moves beyond the intersection between law and sexuality to focus just as much on social science as it does on law. This book will be useful in teaching courses in a range of disciplines—especially criminology and criminal justice, history, political science, sociology, women and gender studies, and law. Henry F. Fradella is a Professor in and Associate Director of the School of Criminology and Criminal Justice at Arizona State University. Jennifer M. Sumner is an Assistant Professor of Criminal Justice Administration in the Department of Public Administration at California State University, Dominguez Hills (CSUDH). This volume by Fradella and Sumner is a monumental effort of breathtaking scope and meticulous depth. I have never before seen a volume on sexuality and law, whether textbook, academic, or trade book, that has successfully covered the enormous scope of this manuscript, and with such attention to detail. Painstakingly researched and full of provocative cases and anecdotes, Sex, Sexuality, Law, and (In)Justice is as fascinating and illuminating to seasoned scholars as it is to students. Kimberly D. Richman, University of San Francisco This volume is critically needed, and is structured with student engagement at the forefront. Often, students are not introduced to issues of sex, gender, and sexuality in their coursework; this book presents the material in accessible ways and has important pedagogical elements throughout each chapter to facilitate student learning. Vanessa R. Panfil, Old Dominion University Sex, Sexuality, Law, and (In)Justice Henry F. Fradella and Jennifer M. Sumner EDITORS First published 2016 by Routledge 711 Third Avenue, New York, NY 10017 and by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Routledge is an imprint of the Taylor & Francis Group, an informa business © 2016 Taylor & Francis The right of the editors to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Library of Congress Cataloging in Publication Data Sex, sexuality, and (in)justice / Henry F. Fradella and Jennifer M. Sumner. pages cm Includes bibliographical references and index. ISBN 978-1-138-85209-9 (hardcover : alk. paper) — ISBN 978-1-138-85211-2 (pbk. : alk. paper) 1. Sex crimes—United States. 2. Sex and law—United States. 3. Sex offenders—Legal status, laws, etc.—United States. I. Fradella, Henry F., editor. II. Sumner, Jennifer Mortensen, editor. KF9325.S494 2016 345.73’0253—dc23 2015031366 ISBN: 978-1-138-85209-9 (hbk) ISBN: 978-1-138-85211-2 (pbk) ISBN: 978-1-315-72375-4 (ebk) Typeset in Sabon and Trade Gothic by Florence Production Ltd, Stoodleigh, Devon, UK To Dr. Charles “Juda” Bennett and Dr. Ann Marie Nicolosi: Thank you for inspiring me to learn about sex, gender, and sexuality; for teaching me; for helping me understand the role of educators in combatting LGBTQIA prejudice; for laughing with me; and for being wonderful friends. With my eternal love and respect, Hank To the people who recognize their lives in these pages and those who fight on their behalf. Jenn Contents Notes on Contributors Preface Acknowledgements 1 An Overview of Sex, Gender, and Sexuality PATRICK ENGLERT AND ELIZABETH G. DINKINS 2 Historical Perspectives ANN MARIE NICOLOSI 3 Sex and the Fourteenth Amendment Part I: Due Process of Law STEPHEN S. OWEN AND TOD W. BURKE 4 Sex and the Fourteenth Amendment Part II: Equal Protection of the Law STEPHEN S. OWEN AND TOD W. BURKE 5 Rape and Related Offenses HENRY F. FRADELLA AND CHANTAL FAHMY 6 The Criminal Regulation of Sex Acts: The Limits of Morality and Consent HENRY F. FRADELLA AND KENNETH GRUNDY 7 The Regulation of Sex Work and Sex Workers ELISABETH JANDRO 8 Obscenity and Pornography WESTON MORROW, CHANTAL FAHMY, AND HENRY F. FRADELLA 9 Marriage, Sexuality, and Gender HENRY F. FRADELLA, MEGAN PARRY, AND LAUREN E. FRADELLA 10 Rare Acts, Sympathetic Victims, and the Emergence of Laws to Regulate Sex Offenders DAVID PATRICK CONNOR 11 Sex in Jails and Prisons JAMES E. ROBERTSON 12 Sex Offenders and their Treatment THOMAS NOLAN AND MARY MAGUIRE 13 Sex, Gender, Sexuality, and Victimology JAYN VON DELDEN Index Contributors Tod W. Burke received his B.A. in Criminal Justice from the University of Maryland, College Park, MD; his M.F.S. in Forensic Science from George Washington University, Washington, DC; and his M.Phil. and Ph.D. in Criminal Justice from the City University of New York (John Jay School of Criminal Justice). He currently serves as the Associate Dean for the College of Humanities and Behavioral Sciences and as a professor in the Department of Criminal Justice. As of this writing, Dr. Burke has authored or co-authored approximately 140 publications, including journal articles (over 40 peer-reviewed), book chapters, encyclopedia entries, and other publications. Approximately 60 of the published articles have been co-authored with students. Dr. Burke is also the co-author of the Oxford University Press introductory criminal justice text titled, Foundations of Criminal Justice (second edition). Dr. Burke’s research interests can be classified into six broad areas, and sometimes overlapping categories, including: (1) policing, criminal investigation, and forensic science; (2) criminal justice policy; (3) mental health issues; (4) controversial legal issues; (5) victimology; and (6) criminal justice education and pedagogy. His research has been published in the Journal of Criminal Justice Education, Journal of Contemporary Criminal Justice, Homicide Studies, Journal of Forensic Sciences, Journal of Police Studies, Journal of Police Science and Administration, The FBI Law Enforcement Bulletin, and The Police Chief, to name just a few. David Patrick Connor is an Assistant Professor in the Criminal Justice Department at Seattle University. In 2015, he received his Ph.D. in Justice Administration from the University of Louisville. Dr. Connor also holds a Master of Science in Justice Administration from the University of Louisville and a Bachelor of Arts in Radio/Television Broadcasting from Northern Kentucky University. His research interests include sex offender policy and treatment, institutional corrections, probation and parole, inmate reentry, social deviance and stigma, and qualitative methodology. Primarily recognized as an expert on sex offender legislation, Dr. Connor is regularly consulted by correctional agencies and interviewed by media outlets about such laws. His work often focuses on the experiences of individuals involved in the criminal justice system, including justice system actors, offenders, and their families. Specifically, Dr. Connor’s current projects include qualitative examinations of parole board members and support partners of registered sex offenders. His most recent publications appeared in Criminal Justice Review, Deviant Behavior, The Justice System Journal, and The Prison Journal. At the University of Louisville, Dr. Connor was nominated for The Trustees Award in 2015 and received the Faculty Favorite Outstanding Professor Award in 2014 for his teaching. Classes that he teaches at Seattle University include Criminal Justice Legislation and Policy, Law and Social Control, and Prisons and Jails. Dr. Connor is an active member of the Academy of Criminal Justice Sciences and the American Society of Criminology. In his free time, he enjoys exploring new places, eating at restaurants, and relaxing with his wife and cats. Dr. Connor is a native of the Greater Cincinnati, Ohio area. Elizabeth G. Dinkins is an Assistant Professor in the School of Education at Bellarmine University where she teaches classes in methods of literacy, and both instructional and qualitative research. She received her doctorate in English Education from the University of Virginia, her master’s in Education from Peabody College of Vanderbilt University, and her bachelor’s from The Evergreen State College. Her research interests utilize qualitative approaches to investigate how critical literacy can be used to help students read and write their worlds. Her work has focused on LGBTQ issues and identities in classroom instruction, the use of young adult literature to foster disciplinary thinking, critical representations of athletes and sports culture in literature, writing pedagogy, and approaches to teacher development and school-wide literacy. Her articles have been published in Middle Grades Research Journal, Sex Education, English Journal, and Electronic Journal of Science Education. She strives to produce scholarship that humanizes and empowers the youth and communities she represents and apprentices her doctoral students to do the same. Previously she taught English language arts and coordinated school-wide literacy instruction in an urban middle school. Before becoming an educator, she was a whitewater raft guide who pondered the significance of gender, sexuality, and bodies on the banks of rivers in the United States and Ecuador. She lives in Louisville, Kentucky with her husband and dog in an old house under constant renovation and spends her free time playing on rivers and in the woods as much as possible. She is an active ally for the LGBTQ community. Patrick Englert is the Interim Assistant Vice President for Student Affairs and Multicultural Affairs at Bellarmine University where he oversees the areas of Career Development, Multicultural Affairs, and Student Engagement. He completed his master’s in Education from the University of Louisville, and bachelor’s from Western Kentucky University in English Literature. He is currently working to complete his Doctorate in Education and Social Change from Bellarmine University. His research interests focus on LGBTQ topics surrounding leadership and organizational constructs, community engagement within higher education, and critical inquiry of sexuality and gender. He has had articles published in the AHEPPP Journal and Sex Education. He has worked as a university administrator for nearly 15 years in roles such as Director of Residence Life and Assistant Dean of Students/Director of Student
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