sex crimes

disorders associated with sexual offenders

Paraphilic disorders 

DSM-5

Personality disorder 

Antisocial personality disorder 

Griswold v connecticut:

• Landmark case in 1965 (fundamental right to privacy which is now explicitly stated in the 14th amendment) 

• Found that states should not be able to decide in the case/matters of those who are married 

• Having protection from bill of rights, particularly 9th amendment 

The law → CT had a law at the time where it was made illegal for any use of devices or drug to prevent contraceptives 

The challenges → Estelle (director of planned parenthood) and a partner were arrested for providing contracepts to married couples
Ruling → the court rules that this statute was unconstitutional establishing a fundamental right to marital privacy, and that the government could not infringe upon it

Reason to ruling →  court ruled that the right “penumbras”(shadows) of several constitutional amendments particularly the 9th (which protected rights that are not explicitly stated in the constitution) 

Row v. Wade:

• A single woman who was pregnant went to their state and positioned that the rights that Texas had were unconditional. Could not travel to another state to have an abortion due to Texas banning them unless it was medically necessary to save the life of the mother. Roe's life was not endangered by her pregnancy 

• Issue → does the texas law infringe on a woman's right to choose whether to have children or not?

• 14th amendment → interracial and equal rights for EVERYONE, and women's health ( contraceptives and abortions) 

• Also noted the state has legitimate interest in protection both the mothers life and the potential life and can even prohibit abortions after fedral 

Rights of the states:

• The 10th amendment 

• The powers are not delegated to the US by the constitution, nor prohibited by it to the states, are  reserved to the states respectively, or to the people

the state “police power”

 states have board powers to enact rules to govern public health and safety under the 10th amendment 

The 14th amendment

 life liberty and justice, but DUE PROCESS (no actually stated for privacy) 

• state  deprive any persons of life liberty or property, without due process of law nor deny to any persons within 

• Why → equal rights after the civil war 1868, established citizenship for those who were enslaved 

• Helped combat the black codes, in southern states following the civil war

• Vargvafency laws → how would a law like this cause someone to continue working even at a place where they had been formally enslaved 

• Privacy laws and due process!!!

• Afterwards → now the 14th amendment is now the basis for essentially every aspect of privacy laws (milred and richard loving, Loving v. Virginia 1967)

 (Milred and Richard loving, Loving v. Virginia 1967)(going along with the 14th amendment)

they got married in DC (where at the time was legal for interracial marriage but couldnt not step back into virginia because it was illgeal still for interracial marriage)

• Marriage is a fundamental right 

• If a state is infringing onto these rights than they are going against the constitution 

• Depriving all the states citizens of liberty without due process of law 

• A law in which interracial laws are unconstitutional 

Lawrence v. Texas (2003) →

both men exercise their rights to a trail, challenging the statute at issue, they are convicted the court of appeals reject their claim as well

Homosexual conduct law

•  which criminalizes sexual intimacy by same sex couples but not for a man or women to to do so

Dobbs v. Jackson →

overturned Roe v. Wade and basically took away federal abortion and healthcare laws and now was up to each individual state in which they have that decision 

• Paving the way  to ban abortion 

• Mississippi gestational age act 

• Overturned planned parenthood 

• The reason they wanted it overruled, the due process clause of the 14th amendment, that provision has been held to guarantee some rights that are not mentioned in the constitution, but any such right must be “deeply rooted in this nation's history and tradition”, and “implicit” in the concept of ordered liberty 

Concurrence

saying I agree with the said decision but now we can go a step further, and look more closely in which could affect a federal or state decision in a created law

The reach of 14th amendment 

 gone from protecting recently liberated black individuals but then became 

• But now includes same sex marriage, interracial marriages, abortion and that each individual of the US should have equal protection against predagiest   

Rise and fall of marial rape

until the 70s and 80s a husband could not be found guilty of raping his wife

• Why → implicit consent (so if you marry a person than that is all the consent that is needed) 

• “Implied consent and contract theory”

• “Coverture and property rights” 

• Marital privacy 

• South Dokota criminalized material rape and that either party in which did it can be tried 

• Commonwealth v. shoemaker