Is Sexual-Orientation Discrimination a Form of Sex Discrimination?

Liverpool Law Review - In Bostock v Clayton County (2020) Gorsuch J holds that direct discrimination because of sexual orientation is a form of direct discrimination because of sex. I argue that...     

When Love is a Crime: Is the Criminalisation of Same Sex Relations in Nigeria a Protection of Nigerian Culture?

Even though studies suggest that people do not have a choice about their sexual orientation since it is innate in them, some African countries including Nigeria continue to criminalise same sex conduct between two consenting adults. Before the administration of President Goodluck Jonathan passed the Same Sex Marriage (Prohibition) Act 2014 into law in Nigeria, there have already been laws in the country criminalising sexual relations between persons of the same sex. It appears that the Act of 2014 was motivated to show a resolve by the Nigerian government to clearly point out to certain sections of the international community, who at that time were lobbying for the decriminalisation of same sex relations in the country, that there was no intention by the Nigerian state to cave into any such demand. This paper re-examines the prohibition of same sex relations in Nigeria with a focus on whether the laws protect the culture of the Nigerian people or the moral ideals introduced by religion.     

Sex differentials in phthisis mortality in England and Wales, 1861–1870

In the mid-nineteenth century phthisis, or pulmonary tuberculosis, was the single most important cause of death in England and Wales. It was widely distributed geographically though some areas were worse affected than others. This paper explores aspects of the geography of phthisis mortality in England in the second half of the nineteenth century, with particular attention to the sex differential in mortality from this cause. Phthisis is often thought of as a disease of young women, and throughout much of England and Wales, especially in agricultural areas, women aged between 15 and 40 years were especially vulnerable. However the sex ratio of deaths from phthisis varied greatly from place to place and, in some places where phthisis was prevalent, men rather than young women were at the greatest risk of death. Phthisis mortality was sufficiently important that the geography of the overall sex differential in mortality was to a considerable extent determined by the geography of the sex differential in phthisis mortality. Where phthisis mortality disadvantaged females, the overall sex differential between male and female mortality was small or even negative; where phthisis mortality disadvantaged males, the overall sex differential was large. The paper then considers explanations of geographical variations in the sex differential in phthisis mortality. It is not clear that these are best explained by a ‘bargaining-nutrition’ account which holds that young women in poor households were especially vulnerable to mortality from phthisis because their weak intra-household bargaining position compromised their nutritional status. Other factors, such as the return migration to their native areas of out-migrants who became sick with the disease, and working conditions, especially for females, may have been more important. The final part of the paper considers the implications of the results for explanations of the decline of phthisis mortality between 1860 and 1900.     

Legislation Targeting Sex Offenders: Are Recent Policies Effective in Reducing Rape?

In recent years, several pieces of state and federal legislation have imposed new restrictions on convicted sex offenders, including registration with law enforcement agencies, community notification provisions, and sexually violent predator designations permitting civil commitment following a prison sentence. This paper uses panel data for the American states for the years 1970–2002 to assess the impact of these policies on the rate at which rapes occur. Our research finds no evidence that our current policies reduce the incidence of rape.     

Sex offender legislation in the United States: what do we know?

In the United States there has been increased public pressure to create legislation to monitor and confine sex offenders. However, to date, there has been very little empirical evidence suggesting that these laws are effective in preventing future recidivism. This article reviews the current trends in sex offender legislation, including mandatory sentencing, civil commitment, community notification, monitoring, and supervision and the impact these policies may have on sex offender recidivism and treatment.     

Public disclosure: Sex offenders' perceptions of the pilot scheme in England. Compliance,legitimacy and living a “Good Life”

Abstract

In 2008–09 four police forces in England piloted a scheme requiring disclosure of information about registered sex offenders (RSOs) to members of the public meeting certain eligibility criteria. Drawing upon data gathered during the evaluation of the pilot, this paper explores the offenders' perceptions of the scheme. In particular, the paper explores RSOs' perceptions of fairness and legitimacy of public disclosure and how these may impact upon their compliance. The RSO interviews also provided limited but informative evidence on the ways in which RSOs manage their lives in the community, and the potential for public disclosure to both hinder and reinforce the living of a “Good Life”.     

Sex/gender‐based decision‐making in the criminal justice system as a possible (additional) explanation for the underrepresentation of women in official criminal statistics — a review of international literature

This article represents an analysis of the literature on sex‐based selection processes in the criminal justice system. It is only since the feminist wave of the sixties that sexual discrimination has been considered as an issue of importance in the study of the criminal justice system and that female criminality has been looked at more thoroughly. The article deals with the different assumptions and hypotheses which have come forward in the debate on the possible discrimination of men and women in the criminal justice process. In the first part of the article the various theoretical models are outlined: the chivalry and evil women hypotheses, the legal or etiological model, the social control theory, the family‐based justice model, and a multifactoral model. In the second part of the article, the results of empirical research relevant to these hypotheses are presented. American, British, Belgian, Dutch and some German literature has been taken into account. The review of the literature shows that the chivalry hypothesis cannot offer an all‐embracing explanation for the possibly perceived preferential treatment of women. Similar conclusions can be drawn for the explanatory value of the legal model. Although a more lenient treatment of women can sometimes be explained by legal factors, these factors can offer no more than a partial explanation for observed sex differences in the criminal justice system. Especially in the case of pre‐trial release and sentencing, more particularly when deciding whether or not to send a defendant to prison, a noticeable sex‐effect can still be found. In the literature we find strong suggestions — although not always confirmed — that an (initially observed) more lenient treatment of women at these stages can be explained by stereotypes and expectations about the personality of women as less dangerous and the specific role which women fulfill in western society.     

Perceptions of Policing and Security Among Hong Kong Migrant Sex Workers—a Research Note

Asian Journal of Criminology -     

Sex offender laws in the United States: smart policy or disproportionate sanctions?

In the 1990s, the United States began enacting a series of laws to monitor and supervise sex offenders living in the community. These evolved to include Internet registries of sex offenders, sex offender residence restrictions, GPS monitoring, and even civil commitment of sex offenders at the conclusion of their criminal sentences. Though other countries have enacted legislation to monitor sex offenders, none have implemented laws impinging on the civil liberties of offenders to the extent of those in the United States. This article examines the basis of the US laws and their challenges, provides an overview of their efficacy, and compares the US approach to those of other countries.     

“Keeping Children Safe”: the Child Sex Offender Disclosure Scheme in Scotland

Abstract

This article describes the Child Sex Offender Disclosure Scheme in Scotland known as Keeping Children Safe (KCS), and the wider community engagement strategy developed by the charity Stop it Now! Scotland. The author coordinated the disclosure scheme on behalf of Police Scotland from November 2011 to March 2014. He is employed by Stop it Now! Scotland as a project officer. In 2011, Stop it Now! Scotland took over responsibility for the coordination of the KCS scheme from the Police. This work is embedded within a community engagement strategy known as the Upstream Project. The Upstream Project provides information to “community-facing” agencies to use in their interface with groups or individual adults in the community. To achieve this, a prevention toolkit was developed which includes a range of practical information and resources which adults can use to identify potential risk and take steps to prevent sexual abuse from occurring.     

Online Sexual Grooming in Sweden—Online and Offline Sex Offences against Children as Described in Swedish Police Data

The expansion in Internet use since the mid‐1990s has created a completely new and largely unmonitored forum for contacts between adults and children. The anonymity provided by Internet communications has been viewed as creating favourable conditions for adults wishing to develop manipulative relationships with children, and there has been a growing concern about the way the Internet may be used by adults intent on sexually exploiting and abusing young people. Much of the focus of this concern has been directed at adults using the Internet to create opportunities for the commission of offline sex offences. Based on police data from Sweden, this article describes the range of Internet‐related sexual offences against children currently being brought to the attention of the Swedish justice system. It focuses not only on the range of strategies employed by adults to persuade children to meet them offline for the purposes of sexual exploitation and abuse but also on the different types of online sexual offences that children in Sweden are currently being subjected to.     

Monks Who Have Sex: Pārājika Penance in Indian Buddhist Monasticisms

In the study of Buddhism it is commonly accepted that a monk or nun who commits a pārājika offence is permanently and irrevocably expelled from the Buddhist monastic order. This view is based primarily on readings of the Pāli Vinaya. With the exception of the Pāli Vinaya, however, all other extant Buddhist monastic law codes (Dharmaguptaka, Mahāsāṅghika, Mahīśāsaka, Sarvāstivāda and Mūlasarvāstivāda) contain detailed provisions for monks and nuns who commit pārājikas but nevertheless wish to remain within the saṅgha. These monastics are not expelled. Rather, they are granted a special status known as the śikṣādattaka. In this paper I explore the rules. concerning pārājika penance and the śikṣādattaka with specific regard to monastic celibacy. Given that five out of six extant law codes recognise this remarkable accommodation to the rule of celibacy, I argue that we must look to Vinayas other than the Pāli Vinaya if we are to arrive at a nuanced and representative view of Indian Buddhist monasticism.

Grant me chastity and continence, but not yet. Augustine of Hippo (354–430 C.E.)

     

“Sex change” in skeletal remains: Assessing how heat-induced changes interfere with sex estimation

The true impact of heat-induced changes in human bone regarding their sex estimation has not been comprehensively documented having a potentially negative impact on forensic anthropology. The objective of this paper was to evaluate how heat exposure affects sex estimation based on both morphological and metric features. The study focused in both low-to-medium intensity burns and high intensity burns. Selected sexually dimorphic features were analysed in 51 experimentally burnt skeletons from the 21st Century Identified Skeletal Collection. Bones were burnt to maximum temperatures between 450 °C and 1050 °C achieved after 75 to 257 min. Morphological methods tested in this study comprised the recommendations for hipbone features from Buikstra and Ubelaker (1994) and from Bruzek (2002). On the other hand, metric references tested here were the ones from Wasterlain (2000), Curate et al. (2016) and Gonçalves et al. (2013) focused on the humerus, femur, calcaneus and talus. Agreement was tested with Gwet’s AC1 test and was further assessed by calculating the relative amount of perfect agreements. Results demonstrated that heat-induced changes affected not only the scoring of morphological features burnt at high temperatures but also the scoring of features burnt at lower intensities. On the other hand, metric features were only considerably affected in high intensity burns, no major changes being documented for low-to-medium intensity burns. For low-to-medium intensity burns, the Bruzek and Curate et al. methods revealed a better agreement between the pre- and post-burning scores. For high intensity burns, better agreement was obtained by using the Bruzek (2002) and Gonçalves et al. (2013) methods. As expected, heat-induced warping, fracture and metric change had a major impact on the pre- and post-observations’ agreement. Contrary to what has been systematically assumed over the years, this impact is also quite substantial in bones burnt at low-to-medium burn intensities so caution is advised during the analysis of this kind of burnt skeletal material.     

Physical restraint in a therapeutic setting; a necessary evil?

Physical restraint of people experiencing mental health problems is a coercive and traumatic procedure which is only legally permitted if it is proportionate to the risk presented. This study sought to examine the decision-making processes used by mental health staff involved in a series of restraint episodes in an acute care setting. Thirty nurses were interviewed either individually or in focus groups to elicit their views on restraint and experience in specific incidents. Four factors which influenced the decision to restrain were identified: contextual demands; lack of alternatives; the escalatory effects of restraint itself; and perceptions of risk. While some of these factors are amenable to change through improvements in practice, training and organisational culture, nurses viewed restraint as a necessary evil, justified on the basis of the unpredictable nature of mental illness and the environment in which they worked.     

A good thing in a small package?

Writing a ‘book’ review of a publication that ismerely 28 pages in length and is secured by a couple of staplesis not something that one is asked to do every day. In fact,it is not something that this reviewer ever really envisageddoing at all: critical pieces of this size tend to arrive withan expectation of being given marks out of 100 and having theirspelling/punctuation/content corrected rather than of being