Sex Laws & Criminalization Lecture Notes

This set of flashcards covers key concepts and definitions related to sex laws and criminalization discussed in the lecture.

What is sexual autonomy?

The ability of individuals to make free choices about their sexuality and sexual health, free from coercion, discrimination, and violence.

What is reproductive autonomy?

The right of individuals to make decisions about their reproductive health, including contraception, abortion, and family planning, free from coercion or interference.

What is 'Direct Criminalization'?

Laws that directly penalize or outlaw particular behaviors, decisions, or identities.

What does 'Indirect Criminalization' refer to in the context of this lecture?

The enforcement of general criminal laws in a manner that discriminates against particular sexual and reproductive behaviors.

What does 'Penalization' refer to in the context of legal frameworks?

The act of inflicting a penalty or punishment for an offense, often through legal statutes that outlaw certain behaviors.

What does the term 'Presumed Criminality' imply?

Assumption that members of a marginalized group are criminal by merit of identity, increasing discrimination and stigmatization.

What is Title IX intended to prevent?

Discrimination based on sex in any education program or activity receiving federal financial assistance.

What is the 'undue burden' standard in U.S. law?

A legal standard established in Planned Parenthood v. Casey (1992) which states that a state regulation has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.

What are TRAP Laws?

Targeted Regulation of Abortion Providers (TRAP) laws are state-level regulations that impose medically unnecessary requirements on abortion clinics and providers, often making it difficult or impossible for them to operate.

What historical framework underlies many sex laws, particularly regarding their origins?

The sex-for-procreation framework, which historically viewed sex primarily for reproductive purposes.

What type of sexual behaviors were historically criminalized?

Sexual behaviors that were associated with pleasure rather than reproduction.

What is an explicit function of direct criminalization?

Direct criminalization explicitly bans specific behaviors, such as abortion, by law.

How do indirect criminalization laws typically operate?

They use vague or broad general criminal laws which are then enforced in ways that disproportionately harm marginalized groups.

What are some consequences of criminalizing certain sexual and reproductive behaviors?

It increases surveillance, stigma, and barriers to accessing care.

Under human rights frameworks, when should criminal law be used?

Criminal law should be utilized as a last resort, suggesting a preference for less restrictive measures.

How can the impact of sex and reproductive laws on different groups be characterized?

Laws often provide protection or benefits to certain groups while simultaneously disproportionately harming marginalized or vulnerable communities.