psychology
ELLERBEE1
170OnlineSexEthicsLaw.pptxSex, 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.
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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
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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
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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
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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
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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
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Native Americans
Nigeria
Japan
Vikings
Inca
Indonesia
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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.
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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
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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
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Legal vs. illegal
What differences exist for customers, and sex workers in a legal/illegal environment?
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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?
