Journal of psychology & human sexuality最新文献

{"title":"Adolescence, Sexual Aggression and the Criminal Law","authors":"L. Böllinger","doi":"10.1300/J056v16n02_08","DOIUrl":"https://doi.org/10.1300/J056v16n02_08","url":null,"abstract":"SUMMARY Criminal law and criminal policy history is perceived as an evolution of legitimation: from a morality paradigm before the Seventies of last century to a utilitarian concept of interdisciplinary enlightenment and rationality, and on to a factual paradigm of risk containment, security orientation and mere exclusion since the Nineties. However, in the area of sexual crime, and especially as far as “the protection of minors” is concerned, Western law appears to have undergone an additional paradigm change, namely in reverting to moralistic principles in disregard of scientific insight. This process, for which victimology appears to be the door opener, is reflected in legal doctrine and criminal policy, in law enforcement, in populistic media and politics. This evolutionary process is interpreted as symptomatic for a post-modern trend in the globalised society where sexual behavior on one hand is blatantly and abusively commercialised, and on the other hand, if deviant, represents the psychologically most expedient object of scapegoating and symbolic policy. The article finishes pleading for a return to the ‘project of modernity’ and to interdisciplinary studies rather than morality as a foundation for criminal policy.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"104 - 89"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_08","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sexual Consent","authors":"H. Graupner","doi":"10.1300/J056V16N02_10","DOIUrl":"https://doi.org/10.1300/J056V16N02_10","url":null,"abstract":"SUMMARY What role can the criminal law play in the battle against child sexual abuse? Should sexual relations of, and with, persons under a certain age be criminalized regardless of the circumstances, even if they are consensual (“age of consent”, “minimum age”)? Where should such a minimum age-limit be fixed? Should there be a special, higher age-limit for particular conditions (e.g., “seduction”, “corruption”)? Should sexual contacts with minors within a relationship of authority be criminalized generally or just if authority is abused? Should criminal proceedings be instituted ex officio or upon complaint only? Should authorities be provided with a power of discretion or should they be obliged to prosecute and sentence in each case? In answering these important questions, it is highly beneficial to have a look across the borders to the solutions other countries have reached in this area. This analysis will provide an overview on the criminal law governing the sexual behavior of, and with, children and adolescents in all European jurisdictions and in selected jurisdictions outside of Europe. It will show which categories of offenses exist and from which age onward young people can effectively consent to various kinds of sexual behavior and relations in the different countries. It turns out that all states in Europe and all of the studied jurisdictions overseas do have minimum age limits for sexual relations, do punish sexual relations with persons under a certain age. Nowhere is this age set lower than 12 years. In Europe in one-half of the jurisdictions, consensual sexual relations with 14-year-old adolescents are legal; in two-thirds with 15-year-olds; in a majority, this is also the case when the older partner has started the initiative (and also when the initiative contains an offer of remuneration). In nearly all jurisdictions, such relations are legal from the age of 16 onwards. Nearly all European jurisdictions set the same age limit in the criminal law for depicting sexual activity as for the sexual activity itself. Most states apply a higher age limit for contacts in relationships of authority. If the authority is not misused the age limit in most jurisdictions is set between 14 and 16; if it is misused between 16 and 18. Most states make no difference between heterosexual and homosexual relations.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"111 - 171"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056V16N02_10","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Empirical Examination of Sexual Relations Between Adolescents and Adults","authors":"B. Rind","doi":"10.1300/J056v16n02_05","DOIUrl":"https://doi.org/10.1300/J056v16n02_05","url":null,"abstract":"SUMMARY The American view that adolescent-adult sexual relations are by definition “child sexual abuse” has spread throughout the Western world and reshaped public policy. This paper, originally presented as a talk, examines the scientific validity of this view. A historical perspective traces the conflation of the adolescent experience with rape, incest, and that of the young, prepubescent child. Biological and cognitive perspectives support the view that adolescents have more in common with adults than children. Sweeping claims that adolescents react as children are said to is critically tested by examining two types of relations-those between heterosexual teenage boys and women and those between gay or bisexual teenage boys and men. Non-clinical empirical data show overwhelmingly that such relations are characterized mostly by positive reactions based on consent if not initiative on the part of the minor, with perceived benefit rather than harm as a correlate. It is concluded that the American view is false, and that public policy that heightens official reaction to such relations, such as that currently proposed by the European Union, are either misinformed or disingenuous in alleging to protect when the motive is to control adolescents.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"55 - 62"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_05","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sexuality, Adolescence and the Criminal Law","authors":"M. Baurmann","doi":"10.1300/J056v16n02_07","DOIUrl":"https://doi.org/10.1300/J056v16n02_07","url":null,"abstract":"SUMMARY The provisions in the German Criminal Code protecting sexual self-determinationeven after several penal law reforms-are still criminologically not yet coherently structured and carry some contradictions. Recent research implies that in the section of the German Criminal Code establishing sexual offences three very divergent forms of deviant behavior are lumped together in an undifferentiated way: violent offences, infractions of moral norms and commercialization of sexuality (the latter in most cases in the form of organised crime). Some offences lack empirical justification in the sense of a concept of protection, for example due to the fact that damage caused to victims is not proven. In addition the establishment of age limits turns out as a difficult task, i.e., when consensual (love) relations of adolescents and of young adults are concerned. International efforts to approximate (sexual) offences legislation carry the risk that reasoned, criminologically analysed and empirically justified regulations are sacrificed to populistic diffused mainstream-thinking.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"44 1","pages":"71 - 87"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_07","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Adolescent American Sex","authors":"D. Weiss, V. Bullough","doi":"10.1300/J056v16n02_04","DOIUrl":"https://doi.org/10.1300/J056v16n02_04","url":null,"abstract":"SUMMARY Though there has been a decline in the percentage of sexually active high school students in the past decade in the United States, the rate of adolescents engaging in sexual behavior leading to orgasm has actually increased. Such orgasms are achieved without penetration and penetration is how most American adolescents define sex. Most adolescent sex also occurs within intimate relationships with partners at or near their own age but definitions of what constitutes intimacy is different than in the past. Sexuality is very important in the life of adolescents in the United States, and sexual activity broadly defined begins fairly early among teenagers although actual sexual intercourse usually takes place much later.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"43 - 53"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_04","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Prostitution of Young Persons","authors":"Thomas Moebius","doi":"10.1300/J056v16n02_09","DOIUrl":"https://doi.org/10.1300/J056v16n02_09","url":null,"abstract":"SUMMARY Juvenile prostitution in the German welfare work is being interpreted as a peculiar behaviour which cannot be influenced by criminal law but by psychodynamic and social condition factors and motives. The public prostitution of adolescents largely takes place unaffected by criminal persecution. In view of the legislation in Germany, the regulations of criminal law have not had any decisive influence at juvenile prostitution. In Germany there exists a sufficient protection of children and adolescents. The current discussion about the expansion of the childhood definition of young people up to 18 years, and a de-legalization of agreed sexual actions between people under and over 18 years ignores a typical juvenile behaviour. A change in the situation of life of juvenile prostitutes by a legal intensification, as well as a change in behaviour through an anonymous sanction system like that of legislation, cannot be expected.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"105 - 110"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_09","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The 17-Year-Old Child","authors":"H. Jd","doi":"10.1300/J056V16N02_02","DOIUrl":"https://doi.org/10.1300/J056V16N02_02","url":null,"abstract":"SUMMARY Recently enacted EU-legislation will affect interferences with the sexual life of adolescents across Europe in an intensity so far not known in any of the European states. The “Framework-Directive on combating sexual exploitation of children and child-pornography” will oblige all member States of the European Union to create extensive offences of “child”-pornography and “child”-prostitution, defining as “child” every person up to 18 years of age, without differentiating between five-year-old children and 17-year-old juveniles. These offences go far beyond combating child pornography and child prostitution, thus making a wide variety of adolescent sexual behaviour, hitherto completely legal in the overwhelming majority of jurisdictions in Europe, serious crimes; for instance: sex between 16-year-olds for “remuneration”, which includes invitations to cinema or to a dinner; “lascivious” drawings of a 17-year-old girl possessed by a 15-year-old boy; photographs of a 16 year-old girl in her bikini “las...","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"7-24"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056V16N02_02","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"14 to 18 Year Olds as “Children” by Law?","authors":"Lilian Hofmeister","doi":"10.1300/J056v16n02_06","DOIUrl":"https://doi.org/10.1300/J056v16n02_06","url":null,"abstract":"SUMMARY The European Union Council Framework Decision 2004/68/JI of 22.12.2003 “on combating the sexual exploitation of children and child pornography” defines as “child” any person below the age of 18. Under Austrian law there are no children between the ages of 7 and 18. The author criticizes that, up to now, the development of age limits in legal history has taken a clearly different way in the various fields of law of the Austrian legal order. The Austrian legislator's tendency, which has evolved in the course of legal history, to grant rights and permits to young people between 14 and 18 years earlier but, at the same time, to impose on them more and more obligations arising from private and public law, to give them the opportunity to grow into adult life with full powers and responsibilities step by step, totally contradicts the Council Framework Decision. Today, adolescents live in a cultural environment characterized by globalized pop culture and world-wide communication technology. Access to “extreme ideas” is offered everywhere and anytime. It is highly difficult to grow up without any interference and develop one's own personality and sexual orientation according to one's inherent nature under such circumstances of a world society, and this process may be seriously disturbed or even prevented by inappropriate prohibitions imposed by criminal law. However, the aim of any education is to accompany adolescents while they are growing up so that they become self-assured, self-responsible citizens with an understanding of how to work for peace and common welfare who know “how to walk upright” and do so, and who are informed about their civil rights and are able to exercise the same decidedly. We do not need only consumers but also citizens of the world! Repatriarchalization and criminalization are the wrong answers to the urgent questions of world society. The question how to combat child pornography commerce is certainly one of the most important concerns because it is abused children and adolescents for whom it is most difficult to develop their personalities and become citizens of the world. Legally useful answers can only be expected by those who address precise questions to the law. In this respect Europe failed. Given the fundamental right to respect for one's private life and the prohibition of discrimination on the grounds of age the creation of new offencesinvolving a definition of the child as a person up to the age of 18, which contradicts well established law and is unrealistic-shoots past the mark in the author's opinion. Such provisions miss the target group of potential offenders, and infantilize and criminalize society instead. With the proposed legal means it will not be possible to attain the actual aims, i.e., to finally destroy the market for child pornography, and to punish its organizers, “wire-pullers” and users as offenders, and to eliminate them once and for all. The legal status of adolescents is weakened or at leas","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"63 - 70"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_06","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Impact of Social and Structural Influence Interventions on Condom Use and Sexually Transmitted Infections Among Establishment-Based Female Bar Workers in the Philippines.","authors":"Donald E Morisky,&nbsp;Chi Chiao,&nbsp;Judith A Stein,&nbsp;Robert Malow","doi":"10.1300/J056v17n01_04","DOIUrl":"https://doi.org/10.1300/J056v17n01_04","url":null,"abstract":"<p><p>This quasi-experimental study evaluated the influence of structural intervention components (e.g., changing organizational and social influence factors) in reducing biological sexually transmitted infections (STIs) and reports of unprotected sex among female bar workers (FBWs) in the Philippines (N = 369 at baseline). Recruited from four large southern Philippines cities, FBWs were exposed to a standard care, a manager influence, a peer influence, or a combined manager/peer influence condition. After the two-year intervention period, FBWs in the combined peer and manager intervention condition showed greater reductions in STIs and unprotected sex relative to those in the standard care condition. FBWs in the combined and the manager only conditions also showed a decrease in STIs compared to those in the standard care condition. Managers in the standard care condition reported lower positive condom attitudes and lower attendance at HIV/AIDS related training sessions compared to those in the combined condition. The combined effect of managers and peers had a positive, synergistic effect on condom use behavior and STI reduction compared to the standard care. This research provides empirical evidence that structural changes such as rules, regulations, and increased accessibility of condoms must be in combination with normative changes (individuals' attitudes, beliefs and normative expectancies) in order to achieve the greatest benefit in condom use behavior and STI reduction/prevention.</p>","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"17 1-2","pages":"45-63"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v17n01_04","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"30234806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sexuality, HIV Prevention, Vulnerability and Risk","authors":"P. Aggleton","doi":"10.1300/J056v16n01_01","DOIUrl":"https://doi.org/10.1300/J056v16n01_01","url":null,"abstract":"Abstract Since early in the epidemic, sex and sexuality have been central to discourses of HIV/AIDS prevention. Yet the manner in which these terms are used and the way in which we have been encouraged to understand risk and vulnerability in the face of the epidemic have varied. Drawing on a review of relevant literature as well as experience globally, this paper charts a gradual shift in paradigm from a focus on sexual behaviors and individual risk to a more broadly based analysis which emphasises sexuality, sexual identity and sexual expression; the contexts in which sexual acts occur and become meaningful; and the societal and environmental factors that predispose towards vulnerability. The implications of this shift for policy and program development across the fields of HIV/AIDS and sexual health are discussed.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"1 - 11"},"PeriodicalIF":0.0,"publicationDate":"2004-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n01_01","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}