Wednesday, April 20, 2011
Ruthann Robson (CUNY School of Law) has posted Sexuality and Law - Volume II: Crime and Punishment Preface and Introduction (Ruthann Robson, LIBRARY OF ESSAYS ON SEXUALITY AND LAW, Ashgate Publishing, 2011) on SSRN. Here is the abstract:
The Preface and Introduction from The Library of Essays in Sexuality and Law, Volume II, Crime and Punishment. The continued criminalization of same-sex sexual acts, variously labeled sodomy, buggery, or the crime against nature, is inconsistent throughout the world. The criminalization of other sexual acts, such as public sex, commercial sex, or HIV-transmission, is more common. The relationship between sexuality and criminality is not limited to a direct criminalization of sexual acts, however. The victimization of sexual minorities because of their sexuality has garnered attention in the conceptualization of hate crimes in many countries. When sexual minorities are accused of victimizing others, the criminal justice system can conflate sexual identity with the criminal acts resulting in biased convictions. Imprisonment and punishment norms can pose special problems in the context of gender minorities or for sex offenses.