psychology

ELLERBEE1
170OnlineSexEthicsLaw.pptx

Sex, Ethics, and the Law

Sexual Laws

Most societies attempt to regulate sexual behavior, both by custom and law.

Why????

Sexual Laws

Most societies attempt to regulate sexual behavior, both by custom and law.

Why????

Attempts to protect the individual

Attempts to protect the structure or integrity of the family

Attempts to protect society’s morals

Difficulties & Confusions

Whose morals?

What kinds of families?

Genres of Laws

Crimes of Exploitation & Force

Rape/Sexual Assault and Childhood Sexual Abuse

Criminal Consensual Acts

Sodomy

Cohabitation

Adultery

Crimes Against Norms

Exhibitionism

Voyeurism

Crimes Against Reproduction

Homosexuality

Sodomy

Birth Control & Abortion

Commercial Sex

Prostitution

Obscenity (pornography)

Laws Related to HIV

Criminal Consensual Acts

Fornication (sex before marriage)—as of 2002, fornication was illegal in 11 states and DC.

Cohabitation—as of 1994, cohabitation was outlawed in 14 states.

Adultery—is a crime in 24 states and DC.

Grounds for divorce in almost every state.

Varies as to whether both partners or just the married person can be charged.

What constitutes adultery? One incident or habitual?

Criminal Consensual Acts

Sodomy—various definitions—”crimes against nature”

In 1986, 24 states prohibited sodomy, with a court case upholding the right to prosecute under these laws.

In 1998, Lawrence vs. Texas case

Lawrence & Garner appealed and, in 2003, Supreme Court ruled that sodomy laws are an invasion of privacy, invalidating remaining state laws.

6

Popular Contemporary Ethical Issues regarding sex

Moralism: An attitude that emphasizes moral behavior, usually according to strict standards, as the highest goal of human life.

Pluralism: An attitude that affirms the value of many competing opinions and believes that the truth is discovered in the clash of diverse perspectives.

Contemporary Issues:

Same-Sex Marriage and other queer civil rights

Civil rights for transgender and non-binary folks

Contraception & Abortion access

Sex Work

HIV/AIDS

Technology

7

Obscenity?

Erotica vs. Porn

Erotica: from Greek for “love poem”

May have artistic value, involve mutuality, respect

refers to portrayals of sexually arousing material that hold or aspire to artistic or historical merit,

Erotica – positive evaluation of sexually explicit material whereas "pornography" often connotes the prurient depiction of sexual acts, with little or no artistic value.

In practice, pornography can be defined merely as erotica that is perceived as “obscene.”

The definition of what one considers obscene can differ among persons, cultures and eras.

This leaves legal actions by those who oppose pornography open to wide interpretation. (especially since the supreme court won’t define it)

History of Porn

12, 000 BCE. The walls La Marche cave in western France are literally blanketed with erotic images, 14,000-year-old drawings reminiscent of the Kamasutra.

One image of a head plunging between a woman's thighs seems to portray oral sex.

Another shows a standing couple, their bodies entwined, while the man's penis penetrates his partner.  

La Marche

11

History of Porn

12, 000 BCE. The walls La Marche cave in western France are literally blanketed with erotic images, 14,000-year-old drawings reminiscent of the Kamasutra.

One image of a head plunging between a woman's thighs seems to portray oral sex.

Another shows a standing couple, their bodies entwined, while the man's penis penetrates his partner.  

7,000 BCE: Pornographic sculptures, Germany  

3,000 BCE. Pornographic images, Greece

Greece

13

History of Porn

12, 000 BCE. The walls La Marche cave in western France are literally blanketed with erotic images, 14,000-year-old drawings reminiscent of the Kamasutra.

One image of a head plunging between a woman's thighs seems to portray oral sex.

Another shows a standing couple, their bodies entwined, while the man's penis penetrates his partner.  

7,000 BCE: Pornographic sculptures, Germany  

3,000 BCE. Pornographic images, Greece

1 CE, Italy, Pompeii 

Pompeii

15

History of Porn

12, 000 BCE. The walls La Marche cave in western France are literally blanketed with erotic images, 14,000-year-old drawings reminiscent of the Kamasutra.

One image of a head plunging between a woman's thighs seems to portray oral sex.

Another shows a standing couple, their bodies entwined, while the man's penis penetrates his partner.  

7,000 BCE: Pornographic sculptures, Germany  

3,000 BCE. Pornographic images, Greece

1 CE, Italy, Pompeii 

4 CE, India, Kama Sutra sex manual

Kama Sutra pages

17

Native Americans

Nigeria

Japan

Vikings

Inca

Indonesia

18

Which do you think makes more money in the United States per year?

NFL

MLB

NHL

NBA

PGA

Which do you think makes more money in the United States per year?

NFL

MLB

NHL

NBA

PGA

Or pornography?

The porn industry makes more than all sports associations combined…every year.

21

Viewing Porn Causes What?

To be honest, no one really knows for certain.

To be tested you would need an experiment with a control group of men who have never seen porn that match up on demographic variables with men who have seen porn. (and a control group large enough to be compared to the typical population)

Research does show some consistent correlations but then show other correlations we wouldn’t expect:

Viewing Porn Causes What?

Research does show some consistent correlations but then show other correlations we wouldn’t expect:

DJ Miller (2019) more frequent porn use associated with increased masturbation, desire for sex like that in the porn they are watching

Laemmle-Ruff (2019) viewing porn may decrease body-image satisfaction. Watching with a partner may increase the drive for muscularity among women

Mellor (2019) sexual offenders less likely than general population to regularly view porn

Viewing Porn Causes What?

Most correlational studies seem to agree that:

-repeated viewing of violent/objectifying pornography can lead to a number of negative psychological effects

-The effects really depend on the type of pornography used

-porn addictions are not caused by porn, just like other compulsive behaviors aren’t cause by shopping/video games/etc. But another underlying cause

Today’s Lecture

We’ll be focusing on just a few aspects of the *very* large world of sex work

Sex work on the Internet

Psychological aspects of sex work

Legal aspects of sex work

Sex workers are a highly diverse population and resist easy generalization

Today’s lecture cannot represent all of their experiences

I’m happy to refer you to further reading if you have questions that don’t get answered today!

What is “Sex Work”?

Sex work is a broad term which includes individuals who provide some form of sexual service in exchange for money or goods

The term ‘sex work’ was created to emphasize the labor aspect of sex work-

Some feel that the term ‘prostitute’ conflates the person with the work

‘prostitute’ is a stigmatized term

Sex Work includes women, men, trans people in all areas of the sex industry- from porn to stripping to BDSM to prostitution

Today’s lecture will focus on prostitution and porn

Venue Matters

Where you work influences

$$

Control over services provided

Control over schedule

Safety

Risk of arrest

Risk of violence

Independent

Agency Escort

Madame referrals

Erotic Masseur

Brothel Based

Bar Based

Street Based

Racial and Economic Stratification of Sex Work

Much like other forms of employment, sex work is not ‘equal opportunity’

Sex workers face discrimination based on race, ethnicity, economic class, migration status

Female sex workers earn almost twice as much as men

Independent escorts earn the most, work in safer conditions

Street based workers earn the least, are most vulnerable to arrest, victimization by clients or pimps

Outdoor Sex Workers

Street based workers

Estimated 10% of U.S. prostitutes

Often homeless, may be adolescent runaways, or escaping domestic violence

More likely to have substance abuse problems than non-street-based workers

Most frequently targeted by police

Among men, street-based workers are less likely to consider themselves gay

The majority of the research on sex workers in the US has sampled women on the street

90% research samples 10% of sex workers

7

Outdoor Sex Workers

Have a VERY young average age of entry into the work. Often between 14-16.

Often coerced/forced into job

This is not the average for indoor sex workers, particularly in legal work environments

Survey Results

Safer Sex:

Condom use for vaginal sex was close to 100%

The majority of the women used condoms for oral sex ‘always’ or ‘usually with few exceptions’

28 /30 HIV-

2 were untested/refused to answer

Rates/Race:

Range from 180 – 1,000 per hour

Top end: Multiple hour minimums; 600-1,000

Mode for White women:

$500

Mode for women of color:

$400

BBWs, Mature women, Fetish providers

made less $

Results from a study done on safer sex practices with escorts here in NYC by Dr. Koken

32

Legal vs. illegal

What differences exist for customers, and sex workers in a legal/illegal environment?

33

Legal Sex Work

Licensed in Nevada to work in a brothel

Perform regular weekly STD checks

Lose license if caught practicing unsafe sex/testing positive for certain illnesses

Benefits?

Comparison to illegal street work?

Legal vs. illegal

Even in a legal environment, which aspects of prostitution would still need to remain illegal and require law enforcement investigation?