scholarly journals Regulating Consensual Sexual Behaviour between Older Children: The Case against the Current Approach under the Sexual Offences (Scotland) Act 2009

2019 ◽  
Vol 23 (2) ◽  
pp. 177-203
Author(s):  
Isla Callander
Keyword(s):  
Sexual Activity ◽  
Sexual Intercourse ◽  
Rule Of Law ◽  
Criminal Law ◽  
Sexual Behaviour ◽  
Current Approach ◽  
Social Consequences ◽  
Older Children ◽  
Sexual Offences ◽  
Widespread Occurrence

The purpose of this article is to critically examine the current approach to regulating the consensual sexual behaviour of older children in Scots law. At present, blanket criminalisation applies to all consensual sexual intercourse and oro-genital sexual activity between two older children, defined by statute as those aged 13 to 15, through specific offences under section 37 of the Sexual Offences (Scotland) Act 2009. The first part of this article will describe the nature of, and background to, section 37. This will then be contextualised against the evidence of the relatively widespread occurrence of sexual intercourse amongst older children, and the very limited number of prosecutions under the provision in practice. While acknowledging that there are clear reasons to encourage older children to delay their first sexual experiences, the second part of the article will use an inter-disciplinary approach to show the extent to which the current criminal law approach is genuinely problematic. This is in terms of its conformity to rule of law principles, possible adverse social consequences and potential ineffectiveness. The final part of the article will conclude that the current approach in Scotland is wholly inappropriate, and that a more appropriate approach would be for Scots law to move towards a revised section 37 offence which incorporates an element of exploitation which the prosecution should have to prove.

Deception, mistake and non-disclosure: challenging the current approach to protecting sexual autonomy

2019 ◽  
Vol 70 (2) ◽  
pp. 203-219
Author(s):  
Omar Madhloom
Keyword(s):  
Significant Role ◽  
Criminal Law ◽  
Sexual Behaviour ◽  
Informed Choice ◽  
Current Approach ◽  
Sexual Autonomy ◽  
Decisionmaking Process ◽  
Central Argument ◽  
The Law

English criminal law appears reluctant to criminalise deceptive sexual behaviour. It currently does so only in circumstances where the defendant has actively lied to the complainant regarding a fact recognised by law as crucial to consent. This restrictive approach arguably fails in many cases to protect the complainant’s sexual autonomy. The central argument presented in this article is that all forms of deception, including non-disclosure, a false promise and mistake as to a material fact, may distort the complainant’s decisionmaking process and undermine her ability to make an informed choice. A material fact is one which plays a significant role in a person’s decision to engage in sex. This article advocates that the law of rape should be widened to include mistake on the part of the complainant and non-disclosure by the defendant.

11. Sexual offences

2021 ◽  
pp. 468-517
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Criminal Law ◽  
Rape Myths ◽  
Sexual Offences ◽  
Sex Offences ◽  
The Law ◽  
Context Features

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences. The chapter situates the offence of rape in particular in the context of broader discussions about consent and trial by jury. Two of ‘The law in context’ features examine the prevalence of ‘rape myths’ that may affect how jurors decide whether a man has committed rape and the procedural issues that affect the success of rape prosecutions.

Sexuality of women in middle age: the Göteborg study

1979 ◽  
Vol 11 (S6) ◽  
pp. 165-175 ◽  
Author(s):  
Tore Hallström
Keyword(s):  
Life Span ◽  
Sexual Activity ◽  
Sexual Intercourse ◽  
Sexual Behaviour ◽  
Middle Age ◽  
Sexual Interest ◽  
Coital Frequency ◽  
Men And Women ◽  
Married Men ◽  
Factual Data

Until recently there has been a paucity of factual data on the effects of the climacteric upon women's sexuality. The basic questions here are: do changes occur in sexual behaviour, sexual interest or responsiveness during the climacteric years? If so, what are the variations and how are they caused?Two variables used extensively as a measure of sexuality are coital frequency and orgasmic frequency. Kinsey et al. (1953) showed that the degree of sexual activity remained fairly constant in unmarried women up to 55 years of age. By contrast, sexual activity in unmarried men declined gradually from puberty onwards. For married men and women they found that the frequency of sexual outlets declined during the life span. Kinsey et al. emphasized that the decreasing frequency of sexual intercourse and orgasm in marriage does not prove that the sexual capacity of the woman is influenced by her own ageing but could instead be a result of her husband's ageing. These authors were of the opinion that there is little evidence of any ageing in the sexual capacity of the female until late in her life.

scholarly journals Legislation on the offence of rape in Icelandic criminal law

2021 ◽  
Vol 8 (2) ◽  
pp. 24
Author(s):  
Ragnheiður Bragadóttir
Keyword(s):  
Sexual Intercourse ◽  
Criminal Law ◽  
Penal Code ◽  
Sexual Relations ◽  
Sexual Offences ◽  
Broad Definition ◽  
Academic Discussion ◽  
Definition Of ◽  
Current Provision ◽  
Societal Views

In recent years the concept of rape has been frequently discussed in Iceland. The chapter on sexual offences in the Icelandic General Penal Code (GPC) was revised in its entirety in 1992 and 2007, and important amendments were made on the provision on rape, section 194 of the GPC. The amendments in 2007 included a new, broad definition of the concept of rape, which was intended to cover all incidents where sexual intercourse or other sexual relations were performed against the victim’s will. In 2018 amendments were made on section 194 on rape, where the word “consent” was included in the provision. This does not constitute a substantive change since lack of consent was already an underlying element of the provision due to the amendments in 2007. The article addresses the academic discussion and societal views that were the precursor of these amendments, evaluates the current provision and discusses whether further amendments are needed.   

scholarly journals Determinants of Sexual Behaviour

2003 ◽  
Vol 12 (2) ◽  
pp. 121-133 ◽  
Author(s):  
Kevin Lalor ◽  
Cathal O'Regan ◽  
Siobhán Quinlan
Keyword(s):  
College Students ◽  
Sexual Orientation ◽  
Sexual Activity ◽  
Sexual Intercourse ◽  
Sexual Behaviour ◽  
Age Group ◽  
Sexual Experiences ◽  
Short Term ◽  
The Relationship ◽  
Age Category

A sample of 247 college students were surveyed regarding their experiences of consensual sexual experiences below age 16; experiences of ‘boyfriend/girlfriend’ relationships; experiences of lifetime sexual activity and sexual orientation. By age 16, 12 per cent of respondents have had intercourse. Males are one and half to two times more likely than females to report sexual experiences below age 16. Those with urban origins are significantly more likely to report having had sexual experiences before age 16 than those with rural origins. The period 18–20 is characterised by short term dating, leading to much longer lasting relationships in the 21+ age category. For 18–20 year olds, 50.5 per cent report having had sexual intercourse (57 per cent of males and 47.7 per cent of females). Respondents from Dublin city or county are more likely to report having had sexual intercourse than those from a rural/farm background (64 percent and 39 per cent respectively). A surprising trend was the apparently chaste nature of boyfriend/girlfriend relationships in the 18–20 age group. This study examined only sexual experiences. Further research is required to examine the relationship contexts of various sexual experiences.

Sexual behaviours and associated risks in Chinese young people: a meta-analysis

Sexual Health ◽  
2013 ◽  
Vol 10 (5) ◽  
pp. 424 ◽  
Author(s):  
Xiao-ming Yu ◽  
Shuai-jun Guo ◽  
Yu-ying Sun
Keyword(s):  
High Risk ◽  
Young People ◽  
Sexual Activity ◽  
Sexual Intercourse ◽  
Sexual Behaviour ◽  
Sexual Debut ◽  
Meta Analysis ◽  
Health Concern ◽  
The Past ◽  
Sexual Behaviours

Background The earlier and unprotected sexual behaviour of young Chinese, and the consequences of these actions, have become a health concern, posing a challenge to traditional Chinese concepts. The aim of the present study was to investigate changes in sexual behaviour and associated risks among adolescents and young people in mainland China over the past three decades. Methods: A meta-analysis was undertaken to comprehensively review the sexual behaviour of Chinese young people (aged from 10 to 24 years) over the past 30 years. Relevant data published from 1979 to 2009 in the Chinese literature database were identified and retrieved. Analysis was performed based on set criteria. Results: Seventy-five studies were identified that were published after 1990. Overall, the estimated prevalence of sexual intercourse among young people was 12.6%, with an average age at sexual debut of 19.4 years. The rate of condom use at sexual debut was 37.2%; 53.6% of young people reported not using a condom during the most recent act of sexual intercourse. The rates of unintentional pregnancy and abortion among the sexually active were 15.1% and 10.8%, respectively. Reviewing the data according to decades revealed that the number of young people engaging in sexual intercourse decreased from 14.3% in 1990–1999 to 11.8% in 2000–2009. However, these rates are higher than the prevalence of sexual activity reported before 1990, which, according to sporadic studies, did not exceeded 1%. Conclusions: There have been increases in sexual activity and high-risk sexual behaviour in Chinese young people in the decades since the adoption of the open door policy in China, particularly since the mid-1990s. High-risk sexual behaviours have contributed to certain adverse consequences in adolescents and young people, such as unwanted pregnancy and sexually transmissible infection. Thus, efficacious intervention strategies need to be developed and implemented.

scholarly journals Sexual behaviour in pregnancy among antenatal women attending a secondary hospital in southern India

2018 ◽  
Vol 5 (8) ◽  
pp. 3501
Author(s):  
Jennifer David Livingstone ◽  
Lalmalsawmi Ralte ◽  
James Thapa Magar ◽  
Sirshendu Choudhari ◽  
Anne George Cherian ◽  
...  
Keyword(s):  
Sexual Activity ◽  
Sexual Intercourse ◽  
Sexual Behaviour ◽  
Cross Sectional Study ◽  
Demographic Variables ◽  
Cross Sectional ◽  
Health Related ◽  
Secondary Hospital ◽  
Present Pregnancy ◽  
In Pregnancy

Background: The objectives of our study were to estimate the prevalence of antenatal women who had ever experienced sexual activity (only genital sex) in the present pregnancy; to assess their knowledge and practice towards sexual activity and to identify the socio-demographic variables associated with abstinence of sexual activity during pregnancy.Methods: This is a cross sectional study which included antenatal women, who visited the investigators for regular health check-ups and were asked to take part in the study after giving their consent.Results: Eighty-seven (80%) out of 108 subjects responded to the question as to whether they ever had sexual intercourse (SI) during the current pregnancy. Overall prevalence of the Sexual Intercourse during pregnancy in our study was 54% (95%CI is 43.4-64.6%). Sixty nine (63.9%) women believed that sexual intercourse was safe in pregnancy. Out of the 69 women who believed sex is safe in pregnancy, majority (79.8%) reported that it widened the birth passage.Conclusions: The present study finds that most of the women are not keen to discuss the topic of sexual behaviour even if confidentiality is maintained. Majority of the women in our study were willing to discuss with a doctor or husband if there is a sexual health related problem; whereas one fourth of the women would continue to bear such problems without discussing it with anyone. Sex during pregnancy is a topic which women are reluctant to discuss irrespective of their socio-economic and cultural background.

scholarly journals COVID-19 restrictions and changing sexual behaviours in HIV-negative MSM at high risk of HIV infection in London, UK

2021 ◽  
pp. sextrans-2020-054768
Author(s):  
Iain Hyndman ◽  
Diarmuid Nugent ◽  
Gary George Whitlock ◽  
Alan McOwan ◽  
Nicolò Girometti
Keyword(s):  
High Risk ◽  
Hiv Infection ◽  
Sexual Activity ◽  
Sexual Behaviour ◽  
Well Being ◽  
Categorical Variables ◽  
Cross Sectional ◽  
The Impact ◽  
Mental Well Being ◽  
Hiv Negative

ObjectivesThe COVID-19 pandemic and its related restrictions have affected attendance to and delivery of UK sexual healthcare services (SHS). We surveyed the impact on sexual behaviour of men having sex with men (MSM) to inform future SHS provision.MethodsWe conducted a cross-sectional, anonymous, web-based survey among HIV-negative MSM at high risk of HIV infection who attended 56 Dean Street, a sexual health and HIV clinic. The survey was conducted over a 7-day period in August 2020. Data on sociodemographic characteristics, sexual behaviour and related mental well-being experienced during lockdown (defined as 23 March–30 June 2020) were extracted. Categorical and non-categorical variables were compared according to HIV pre-exposure prophylaxis (PrEP) use.Results814 MSM completed the questionnaire: 75% were PrEP users; 76% reported they have been sexually active, of which 76% reported sex outside their household. 75% reported fewer partners than prior to lockdown. Isolation/loneliness (48%) and anxiety/stress (27%) triggered sexual activity, and 73% had discussed COVID-19 transmission risks with their sexual partners. While 46% reported no change to emotions ordinarily experienced following sex, 20% reported guilt for breaching COVID-19 restrictions. 76% implemented one or more changes to their sexual behaviour, while 58% applied one or more steps to reduce COVID-19 transmission during sex. 36% accessed SHS and 30% reported difficulties in accessing testing/treatment. Of those who accessed SHS, 28% reported an STI diagnosis. PrEP users reported higher partner number, engagement in ‘chemsex’ and use of SHS than non-PrEP users.ConclusionsCOVID-19 restrictions had a considerable impact on sexual behaviour and mental well-being in our survey respondents. High rates of sexual activity and STI diagnoses were reported during lockdown. Changes to SHS provision for MSM must respond to high rates of psychological and STI-related morbidity and the challenges faced by this population in accessing services.

scholarly journals Can Sex Improve Nasal Function?—An Exploration of the Link Between Sex and Nasal Function

2021 ◽  
pp. 014556132098144
Author(s):  
Olcay Cem Bulut ◽  
Dare Oladokun ◽  
Burkard M. Lippert ◽  
Ralph Hohenberger
Keyword(s):  
Sexual Activity ◽  
Sexual Intercourse ◽  
Nasal Obstruction ◽  
Nasal Breathing ◽  
Post Intervention ◽  
Nasal Decongestant ◽  
Symptom Evaluation ◽  
Nasal Function ◽  
Nasal Flow ◽  
The Impact

Objectives: This study was conducted to examine the impact of sexual activity on nasal breathing and compare such effect to that of a nasal decongestant. Methods: We evaluated nasal breathing at 5 different times: (1) before sexual activity (baseline), (2) immediately after sexual activity, (3) 30 minutes, (4) 1 hour (5), and 3 hours after sexual climax. Same measurements were taken on the second day following application of nasal decongestant spray. For evaluation of nasal breathing, we used a visual analogue scale (VAS). Additionally, we used a portable rhinometric device to measure resistance and nasal flow. Results: Nasal breathing improved significantly after sexual intercourse with climax to the same degree as after application of nasal decongestant for up to 60 minutes, as measured subjectively with the VAS (sex −3.6, P < .001; spray −3.2, P < .001). This was confirmed in the objective rhinometric data as mean nasal flow (mL/s) increased while resistance decreased immediately (flow sex +214, P < .001; flow spray +235, P < .001), 30 (flow sex +249, P < .001; flow spray +287, P < .001), and 60 minutes (flow sex +180, P < .001; flow spray +287, P < .001) post-intervention. Nasal breathing was back to the baseline level after 3 hours following sexual intercourse, while it continued to be improved for longer after application of nasal decongestant. Only participants having nasal obstruction (Nasal Obstruction Symptom Evaluation score >30) showed nasal function improvement after sex. Conclusions: Sexual intercourse with climax can improve nasal breathing to the same degree as application of nasal decongestant for up to 60 minutes in patients having nasal obstruction.

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