Human Sexuality

Module 7 Laws and Sexuality PSYC 360 Seminar on human sexuality

Objectives At the end of the module the student will :

You will be able to analyze sections of the criminal code that relate to sexual offenses and evaluate the need for laws to manage group and individual behavior that is harmful.

You will be able to correlate laws with the prevention of sexual acts against persons and human rights, and assess how the culture of a society influences the creation of rules

 Laws are a mechanism of control and protection that is understood to be necessary for the collective welfare. They are human creations with the intention of preventing and resolving conflicts.

 From the beginning of the creation of rules and statutes, attempts have been made to regulate the sexual conduct of human beings. Although there is a wide variety of opinions about sexual acts, the application of justice must be objective and consider the evidence. Laws must be fair and created by consensus.

 In this module, examples are considered of how the law intervenes in issues of human sexuality to prevent harm to individuals and to punish those who commit sexual acts that are illegal. The dynamics of group behavior, human rights, and the influence of culture on society's system of rules are considered.

Introduction

 Laws are human creations that evolve due to the need to resolve human conflicts, they are mechanisms to resolve them. A psychological approach to laws emphasizes human determinants, the individual as the unit of analysis.

 It is understood that the individual is responsible for his behavior and that he contributes to what his behavior causes. If that same explanation is applied to sexual conduct, then the individual is interpreted as being responsible for his or her sexual conduct and the consequences of the conduct. Some sexual conduct is criminalized because of the harm it causes to others.

Law and Human Sexuality

 Laws can play an important role in guaranteeing human rights. For example, to establish transparent review and control processes.

 Laws can establish guarantees for access to justice, tools for victims, and rehabilitation mechanisms.

 Sexual rights are human rights, because it is recognized that all individuals have the right, free of coercion, violence or discrimination, to achieve their highest potential for sexual health; and to have a safe and pleasurable sex life as long as the rights of others are respected in the process.

 Some human/sexual rights are the right to decide about their body, reproduction, sexual orientation, partner selection, access to sex education, among others.

 Sexual rights exist to protect the right of all individuals to express and enjoy their sexuality, with due respect for the rights of others, and within a framework of protection against discrimination.

Sexual rights and the Law

 The World Health Organization discusses the relationship between human rights and sexual rights, highlighting how it is important for sexual health: o The rights to equality and non-discrimination o The right to privacy o The right not to be subjected to torture or to cruel, inhuman or degrading

treatment or punishment. o The rights to the highest attainable standard of health (including sexual health) o The right to marry, to have a family with the full consent of the parties, and to

equality in marriage (and divorce, if applicable). o The right to decide the number of children and when to have them o The rights to information and education o The rights to freedom of opinion and expression o The right to an effective remedy and reparation in the event of a violation of rights

Sexual Rights = Human Rights

 The law is important because it provides rules in society in order to implement sexual health-related policies, programs and support services. Through public policy, various initiatives have been created to serve the community in tune with its culture.

 Laws affecting sexual health should be aligned with human rights, to remove barriers to access to aids, information and services for individual sexuality education.

 Societies that do not have good sexuality education generally have poor sexual health. Culture can influence the type of education provided..

 On migration, colonization/invasion and components of their culture.

Culture, Law and Sexuality

• The culture in Caribbean countries is distinguished for being conservative in sexual matters,

due in part to an attitude of silence and taboo to any sexual act. In Puerto Rico it has been

discussed how machismo in the country negatively affects both men and women.

• A study of perceptions of child sexual abuse in six Caribbean countries found a relationship

between participants' patriarchal ideas about when childhood ends, incorrect ideas about

male privilege, a culture of tradition and silence on sexual issues, and a severe problem of

gender inequality.

• The similarities in Caribbean cultures are believed to be due, in part, to their common

religious traditions, socioeconomic factors, and similar history of development in relation to

migration, colonization/invasion and components of their culture.

Culture, law and sexuality

• Article 130. - Sexual assault.(33 L.P.R.A. § 5191)

• Article 131. - Incest. (33 L.P.R.A. § 5192)

• Article 132. - Essential circumstances of the crimes of sexual assault and incest. (33 L.P.R.A. § 5193)

• Article 133. - Lewd acts. (33 L.P.R.A. § 5194)

• Article 134. - Bestialismo. (33 L.P.R.A. § 5195)

• Article 135. - Sexual harassment. (33 L.P.R.A. § 5196)

• Article 136. - Obscene exhibitions. (33 L.P.R.A. § 5197)

• Article 138. - Prostitution. (33 L.P.R.A. § 5199)

• Article 139. - Prostitution and sodomy trade cases. (33 L.P.R.A. § 5200)

• Article 141. - Pimping, pimping and human trafficking. (33 L.P.R.A. § 5202)

• Article 142. - Pimping, pimping, ruffianism and aggravated trade in persons. (33 L.P.R.A. § 5203)

• Article 143-154. - Of obscenity and child pornography and related matters(33 L.P.R.A. § 5204-5215)

Penal Code of Puerto Rico: Sexual Offenses

 Article 130. - Sexual Assault. (33 L.P.R.A. § 5191)

o Any person who purposely, knowingly or recklessly performs, or causes another person to perform, an orogenital act or vaginal or anal sexual penetration, whether genital, digital, or instrumental, in any of the circumstances set forth below, shall be punished by imprisonment for a fixed term of fifty (50) years, plus the penalty of restitution, unless waived by the victim:

• (a) If the victim at the time of the act has not reached sixteen (16) years of age, except when the victim is over fourteen (14) years of age and the age difference between the victim and the accused is four (4) years or less.

• (b) If by reason of mental illness or incapacity, temporarily or permanently, the victim is incapable of understanding the nature of the act at the time of the relationship.

• (c) If the victim was compelled to the act through the use of physical force, violence, intimidation or serious threat or immediate bodily harm.

• (d) If the victim has had his or her capacity to consent substantially nullified or diminished, without his or her knowledge or consent, through hypnotic, narcotic, depressant or stimulant means or similar substances or means.

• (e) If the victim is forced or induced through abuse, physical or psychological violence to participate or engage in an unwanted sexual relationship with a third party.

Penal Code: Example

 Article 130. — Sexual assault. (33 L.P.R.A. § 5191) o It shall be punishable by imprisonment for a fixed term of twenty-five (25)

years.... as follows : • (f) If at the time the act was committed, the victim was unaware of its nature

and this circumstance was known to the accused.. • (g) If the victim submits to the act by means of deception, trickery,

simulation or concealment as to the identity of the accused.. • (h) When the accused person takes advantage of the trust placed in him/her

by the victim over sixteen (16) years of age with whom there is a relationship of superiority by reason of having the victim under his/her custody, guardianship, primary, secondary or special education, medical or psychotherapeutic treatment, counseling of any kind, or because there is a leadership relationship of religious belief with the victim or of any other kind with the victim.

Penal Code: Example (Continued)

Statistics Puerto Rico

Approximately 1 in 3 women and nearly 1 in 4 men have experienced sexual violence involving physical contact at some point in their lives. Table 4.1: Distribution of complaints of sexual violence by calendar year, PR Police

Source: Office of Statistics, Puerto Rico Police, 2015.

No relationship. 2%

Unknown, 6

Couple, 19%

Known,92% Other,38%

Family, 35%

Graph 4.4: Relationship of the victim of sexual violence with the aggressor, Puerto Rico Police 2014.

Nearly 1 in 5 women and 1 in 38 men have experienced a completed or attempted rape

in their lifetime.

Statistics Puerto Rico

Statistics Puerto Rico

CAVV 2017:  Approximately 1 in 5

women and 1 in 71 men have been sexually assaulted in PR.

 In women, the aggression is mainly from a partner or acquaintance.

 In men, the aggression is mainly from an acquaintance or a stranger.

Statistics Puerto Rico

CAVV 2019:  69% sexual assault cases  86% of the victims are

women  80% minors  From 2017 to 2018 the

number of complaints for sexual violence increased.

 Findings from a study of inmates to determine the profile of the sex offender in Puerto Rico (Rodríguez - Quiñones & Rodríguez- Gómez, 2018): o They are from urban areas, metro areas and other high population towns. o They are recipients of government financial assistance (nutritional assistance). o They indicate being of the Protestant religion, obtained a high school degree

or higher, and reported many educational problems. o They come from married couples who had problems that ended in divorce,

abandonment/absence, and drug addiction.

Profile of the Convicted Sex Offender in Puerto Rico

o -71.3% did not report witnessing domestic violence in their upbringing. o There is a distinct pattern of mental disorders from an early age, without

receiving due attention. o El 74.4% indico haber tenido una buena niñez (sin maltrato). o Exhibit pattern of delinquency that begins in childhood and persists. High

percentage of recidivism. o High consumption of legal and illegal drugs. o Most of his victims are minors, between 14-15 years of age, who were

stepdaughters, daughters, relatives or neighbors. o The inmates indicate that they were seeking sexual pleasure, and many do

not admit to committing the act.

Profile of the Convicted Sex Offender in Puerto Rico

Crime of power and control?  Some common reactions of the victim:

o Fighting: Initial strategy and perhaps what most people consider the "right reaction". Studies have shown that not all victims fight, and it can be even more dangerous.

o Fleeing: It can also be dangerous if you fail to flee. Fear of what might happen or that "it will be worse" sometimes influences the victim's ability to flee.

o Stiffening: This is an unconscious reaction, and the body does not react. It may be due to fear or the impact of what is happening.

o Submit/Subdue: The brain attempts to protect us from the negative experience. The victim may think this will help to improve his or her situation under the circumstances and calm the aggressor. Survival instincts intervene.

*These are protective reflexes and are not the product of rational thought.

Mechanisms of Sexual Violence

 In some cases, the forced sexual act is a weapon, a tool to take away the power and freedom of the other. It may include drugging the victim and intimidating her position.

 Victims report developing mental disorders and reliving the trauma of the experience(s).

 Some reported consequences: o Difficulty managing moments and a lot of anxiety. o Avoid anything that reminds you of what happened. o Feelings of anger, guilt or shame o Difficulty with memory and concentration o Insomnia and other sleep difficulties

o Problems with sexual intimacy o Post-traumatic stress and others

Mecanismos de la Violencia Sexual

You are encouraged to watch the following lectures to learn more about the topics in this module:

Me too is a movement, not a moment https://www.ted.com/talks/tarana_burke_me_too_is_a_movement_not_a_moment

The fight against sex slavery https://www.ted.com/talks/sunitha_krishnan_the_fight_against_sex_slavery

The conversation we are not having about digital child abuse https://www.ted.com/talks/sebastian_bortnik_the_conversation_we_re_not_h aving_about_digital_child_abuse

• This seventh module discusses the relationship between law and sexuality with a specific focus on sexual assault and related crimes. Sexual rights are recognized as human rights. It highlights how local and international organizations seek to improve laws so that individuals can have better sexual health. In addition, it is recognized how culture influences the laws that are created and the public policy that is implemented.

• In the next module, we delve into the social and cultural influences on human sexuality. It considers various issues associated with the institutions that govern us and how their effect on society has been studied.

Summary

Centro de ayuda a víctimas de violación. (2017). Violencia Sexual en Puerto Rico. Departamento de Salud, gobierno de Puerto Rico. Recuperado de http://www.salud.gov.pr/Dept-de-Salud/Pages/Unidades-Operacionales/Secretaria-Auxiliar-de-Salud- Familiar-y-Servicios-Integrados/Centro-de-Ayuda-a-Victimas-de-Violacion.aspx

Centro de ayuda a víctimas de violación. (2019). Violencia Sexual: Un problema de salud pública. Departamento de Salud, gobierno de Puerto Rico. Recuperado de http://www.salud.gov.pr/Dept-de-Salud/Pages/Unidades- Operacionales/Secretaria-Auxiliar-de-Salud-Familiar-y-Servicios-Integrados/Centro-de-Ayuda-a-Victimas-de-Violacion.aspx

Código Penal de Puerto Rico (2012, enmienda más reciente el 27 de Agosto de 2021). Recuperado de https://bvirtualogp.pr.gov/ogp/Bvirtual/leyesreferencia/PDF/Justicia/146-2012/146-2012.pdf

Cruz-Marquez, B., Guerrero-Barona, E., Moreno-Manso, J. M., & Guerrero-Molina, M. (2017). Actitudes sexistas y asuncion de responsabilidad en agresores condenados a prision por violencia de genero en espana durante los anos 2012 y 2013. Universitas Psychologica, 16(3) doi:10.11144/Javeriana.upsy16-3.asar

Fontanet Maldonado, J., Ortiz De Jesús, K., & Alcover Ramos, C. (2018). La percepción sobre la sexualidad y la identidad de género en Puerto Rico. Comisión de Derechos Civiles, Estado Libre Asociado de Puerto Rico.

Javaid, A. (2016). Feminism, masculinity and male rape: bringing male rape “out of the closet.” Journal of Gender Studies, 25(3), 283–293. https://doi.org/10.1080/09589236.2014.959479

Jones, A. D., & Trotman-Jemmott, E. (2016). Status, privilege and gender inequality: Cultures of male impunity and entitlement in the sexual abuse of children: Perspectives from a Caribbean study. International Social Work, 59(6), 836-849. https://doi.org/10.1177/0020872814537853

Keygnaert, I. & Van Melkebeke, I. (2018). Care for victims of sexual assault: Guide for significant others. ICRH-Universiteit Gent, Gent, België. ISBN-EAN: 9789078128540

Reference

Roebuck, J. B., & Murty, K. S. (2016). rape and sexual assault on college campuses: An intersection of gender and social class 1. Race, Gender & Class, 23(3/4), 89.

Rodríguez-Quiñones, J. & Rodríguez-Gómez, J. (2018). Características psicosociales de una muestra de confinados/as puertorriqueños/as sentenciados/as por delitos sexuales. Departamento de Justicia, Gobierno de Puerto Rico. Universidad Carlos Albizu. Recuperado de http://www.justicia.pr.gov/wp-content/uploads/2018/10/Investigacion-Informe-final- Portada.pdf

Rodriguez, S., Ward, M. (2016). Informe de Violencia Sexual en Puerto Rico. (Vol. 2). San Juan, PR: Centro de Ayuda a Víctimas de Violación, Departamento de Salud.

Smith, S.G., Zhang, X., Basile, K.C., Merrick, M.T., Wang, J., Kresnow, M., Chen, J. (2018). The National Intimate Partner and Sexual Violence Survey (NISVS): 2015 Data Brief – Updated Release. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.

World Health Organization. (2021). Sexual and Reproductive Health and Research (SRH). https://www.who.int/teams/sexual-and-reproductive-health-and-research/key-areas-of- work/sexual-health/defining-sexual-health

World Health Organization. (2015). Sexual health, human rights and the law, Reproductive Health Matters, 23:46, 193-195, DOI: 10.1016/j.rhm.2015.11.013

Reference