Criminalizing Sex

Starting in the latter part of the 20th century the law of sexual offenses especially in the West began to reflect a striking divergence. On the one hand the law became significantly more punitive in its approach to sexual conduct that is nonconsensual as evidenced by a major expansion in the definition of rape and sexual assault and the creation of new offenses like sex trafficking child grooming and revenge porn. On the other hand it became markedly more permissive in how it dealt with conduct that is consensual a trend that can be seen for example in the legalization or decriminalization of sodomy adultery and adult pornography. This book explores the conceptual and normative implications of this divergence. <p/>At the heart of the book is a consideration of a deeply contested question: How should a liberal system of criminal law adequately protect individuals in their right <em>not</em> to be subjected to sexual contact against their will while also safeguarding their right to engage in (private consensual) sexual conduct in which they <em>do</em> wish to participate? The book develops a framework for harmonizing these goals in the context of a wide range of nonconsensual consensual and aconsensual sexual offenses (hence the unified nature of the theory) -- including rape and sexual assault in a variety of forms sexual harassment voyeurism indecent exposure incest sadomasochistic assault prostitution bestiality and necrophilia. Intellectually rigorous fair-minded and deeply humane <em>Criminalizing Sex</em> offers a fascinating discussion of a wide range of moral and legal puzzles arising out of real-world cases of alleged sexual misconduct - a discussion that is all the more urgent in the age of #MeToo.<br>