Hymen ‘repair’: Views from feminists, medical professionals and the women involved in the middle east, North Africa and Europe

In Europe, hymen ‘repair’ is controversial because it is often seen as a concession to immigrant groups that do not respect women’s sexual autonomy. But how is hymen ‘repair’ viewed in societies in which the norm is that women should not have premarital sex? And why do women want hymen ‘repair’? Hymen ‘repair’ is also controversial in Middle Eastern and North African (MENA) countries because it is seen as undermining social mores about women and premarital sex. However, some Islamic leaders have defended the procedure. Women request hymen ‘repairs’ for a variety of reasons. Some have been sexually abused and may desire the surgery to overcome trauma. Some have had consensual sex and may fear sanctions, while others may see the surgery as a covert act of rebellion against the virginity rule. Still others may choose it to please their future husband. Hymen ‘repair’ is extensively discussed in MENA countries and in Europe. Feminists in MENA countries are divided over whether the surgery promotes sexual autonomy while, in the European debate, an important issue is whether the choice itself is an autonomous one that doctors should respect. Inspired by a relational approach to autonomy, I see the women involved as individuals with culturally informed identities and interests who may feel pressure to get the surgery yet are still capable of autonomy. I argue for a policy to stimulate debate in communities about the virginity norm and to make hymen ‘repair’ available to women. However, it should be combined with an attitude of sympathetic distrust, recognising that hymen ‘repair’ harms women’s dignity and authenticity.

Protection of Human Sexual Autonomy in the Draft of Criminal Code of Ukraine: A Critical View

The article is devoted to the analysis of the foundations of the framework regulation of sexual crimes in the draft of the new Criminal Code of Ukraine. The application of critical optics to the provisions of the project problematizes the issues of protecting human sexual autonomy and understanding the zones of theoretical and practical reflection in which they are rooted. To assess the proposed reforms of the criminal code, modern ideas about sexuality as a gendered phenomenon with a deep social interpretation are applied. The appeal to international standards for protecting human sexual autonomy and combating sexual violence focuses on paradigmatic shifts in assessing the legitimacy of sexual relations, centered around the concepts of "autonomy" and "consent", and the need to improve the draft Criminal Code in this aspect. The title of the section of the new Criminal Code of Ukraine "Criminal Offenses against Human Sexual Autonomy" is offering as more relevant with modern notions of sexuality and internationally recognized standards for determining the parameters of permissible sexual communication. The author stressing that if the nature of the sexual act is understood only as a desire to satisfy the libido, then some variants of illegal sexual behavior remain outside the scope of the Criminal Code, in particular, in situations where sexual violence is used as a tool to control and convey repressive messages. The propose to base the regulation of sexual crimes in new Criminal Code not on the concept of libido, but on the approach of the Istanbul Convention, according to which a sexual act is an act that has a sexual connotation, is supporting in this article. The absence of voluntary consent as a constitutive feature of sexual violence emphasizes the fundamental importance of the concept of "voluntary consent", by which consensual sexual act differs from non-consensual and illegal. In this regard the author, analyzing the problem of legal regulation of sexual relations with minors 14 to 16 year-olds, when their sexual life before reaching the age of consent seems outwardly voluntary, suggests discussing the possibility of introducing into the draft of Criminal Code the construct "limited voluntary consent", which will take place when a person is fully not capable to express a voluntary agreement to engage in the sexual activity and to understand the nature and significance of it’s decision regarding sexual relations.

Conditional Consent and Sexual Crime: Time for Reform?

Statistics published by the government in 2021 highlight serious problems in England and Wales with a drop in prosecutions of sexual crimes. Part of this issue is attributed to the complexities around sexual consent and public understanding of it. This article highlights a particular problem in the law around conditional consent. It shows that the law on conditional consent is completely incoherent, complicating efforts to increase public education on the matter. The law is also limited in its protection of sexual autonomy of victims, as well in its protection of victims against pregnancy. Critics of reform warn against overcriminalisation of rape, and against imposing morals on society. However, it is argued that given the current reality of how rape is dealt with in England and Wales, these concerns should not prevent reform to the law of conditional consent. The article ends by arguing that reform should be carried out to make the law on conditional consent more coherent and to take account of pregnancy as a consequence of sexual intercourse.

Application of the Theory of Gender and Power to Examine Sexual and Reproductive Autonomy among Women in Mahikeng in South Africa

The autonomy of women in sexual and reproductive decision-making within family settings may represent gender equality and reproductive health relief. The theory of gender and power was used to identify socio-economic factors that influence women’s decision-making on sex and family size. A survey of 568 married and cohabiting women was conducted in Mahikeng, South Africa in 2012. Structured questionnaires were used in data collection and were analysed using descriptive statistics and binary logistic regression methods. The Findings of the study revealed 60.7% and 70.1% women participate in decisions on sex and on size of family respectively. Perceptions husbands had the right to sex, experience sexual violence, being in religious and traditional unions had negative impacts on women’s sexual autonomy. Employed women and reporting choosing of partners significantly enhanced women’s sexual autonomy. Traditional union, experienced of sexual violence sex, perceptions that husbands had right to sex, increasing age, and number of living children significantly reduced women’s decision-making autonomy on family size. The findings partially validated the sexual division of constructs of labour and power in the theory of gender and power. We recommend that women need to be empowered socially and economically to decide freely on sex and family size as indicators of sexual and reproductive health.

Balancing Sexual Autonomy, Responsibility, and the Right to Privacy: Principles for Criminalizing Sex by Deception

Due to the reconceptualization of rape and other sexual offenses as violations of one's sexual autonomy, consent has replaced the element of force as the focal point of rape law. This shift to a “consent model” of rape has prompted much discussion about the scope of sexual autonomy and the problem of “rape by deception” in legal scholarship. Most theorists of consent argue that certain forms of deception invalidate any token of consent in the same way as forcible sexual contact. However, there is also a widely shared concern that criminalizing sex-by-deception poses serious problems in terms of drawing the line between deceptions that violate sexual autonomy and deceptions that do not. This Article offers an account of principles that should be considered when examining legal cases related to sex-by-deception. These principles are examined and articulated in a way that strikes a balance between responsibility, autonomy, and rights such as the right to privacy.

Sexual Violence and Criminal Justice in the 21st Century

In recent years, no area of criminal law has received more public attention than the laws on sexual violence. Discussions about the need for reforms have exhibited a mobilizing force extending far beyond the legal community. From a legal perspective, these discussions concern intricate normative questions regarding the content of the right to sexual autonomy and the suitability of the consent paradigm to establish the limitations of its protection under criminal law. At the same time, they ultimately concern the question of gender-related societal power hierarchies. Acknowledging these broader socio-political dimensions allows us to comprehend the highly contentious manner in which this debate is often conducted. This Special Issue attempts to analyze from a transnational perspective both the fundamental legal and socio-political questions in the current discussions on sexual violence and criminal justice. A recurring theme is the question as to whether criminal law can be used not only as an instrument of repressive social control, but also as a means of power-critical – even emancipatory – social policy.

The Rape Paradigm: Violent Stranger VS Warrior Victim

The purpose of this article is to show the narrow boundaries and incompleteness of the Georgian legislation regarding rape, which fails to cover all the actions from which the protection of an individual's negative sexual freedom is the responsibility of the state. The article aims to show the reader the advantages of the new approach in parallel with the critique of the old law regarding rape, which means expanding the scope of the definition of rape and hence criminalizing more actions. For this purpose, the importance of non-consent as the main element of the rape actus reus is discussed. The article also analyzes the importance of protecting the boundaries of rape so that the state does not unjustifiably restrict a person's positive sexual freedom while protecting negative sexual autonomy. The purpose of this article is neither to criticize nor support any of the consent-based rape models ("no means no" or "only yes means yes" models), but rather to highlight the importance of consent to sex crimes and to emphasize the basic guideline for consent

The Human Right to Sexual Autonomy

During the 20th century, society’s view on sexualities has undergone a severe paradigm shift. While moving away from ideas of decency and bawdiness to evaluate legitimate sexuality, concepts of autonomy and consent gained importance. This transformation is also challenging the law.1 With the broad acceptance of various forms of sexual behavior and sexual orientation, legal regulation based on morality and ethics is outdated. Recent debates on law and sexualities focus on sexual autonomy and its conditions. This is shown especially by the legal debate on sexual violence and criminal law.2 But the right to sexual autonomy does not only require adequate protection against sexual violence. As a human right, it obliges State Parties to Human Rights Treaties such as the European Convention on Human Rights and the Convention on the Elimination of Discrimination against Women to respect, protect, and fulfill sexual autonomy. This includes the guarantee of freedom from sexual violence, coercion and discrimination, as well as control over one’s own body and over the involvement in sexual interactions with others. In order to ensure the different components of sexual autonomy, sexual education and reliable access to information and medical services are necessary. This paper presents an approach concerning the multifaceted dimensions of sexual autonomy through a human rights lens.

Respecting and Protecting the Right of Minor Sexual Autonomy

The right of sexual autonomy is not only a natural problem, but also a humanistic problem. In the process of transformation from “biological man” to “rational man”, minors with certain rationality enjoy certain sexual autonomy. The basic concept of juvenile sexual autonomy includes respecting sexual freedom, safeguarding sexual dignity and promoting sexual autonomy. The sexual autonomy of minors faces two basic paths: tolerance and sternness; Has two functions: defense and attack. The state needs to fulfill the minimum obligation of respect and provide the space for the minor's voluntary autonomy. On this basis, the state should also fulfill the duty of protection to protect the space of minors' autonomy from being infringed.