Sexceptionalism

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Sexceptionalism is the treatment of sexuality as an area of special interest, particularly with respect to laws against consensual/voluntary "sex acts" (queer sexuality). Scholars have questioned why, for example an array of sex laws are required when existing laws against assault could be used. Some have concluded that this form of antisexual exceptionalism has evolved as a convenient tool to distract the populace and service elite interests by creating divisions and culturally contentious narratives. In this sense, restrictions on sexual expression have infected the state/public life as their influence via religion and family culture has slowly waned.

Quotes

Alfred Kinsey:

"It is ordinarily said that criminal law is designed to protect property and to protect persons, and if society’s only interest in controlling sex behavior were to protect persons, then the criminal codes concerned with assault and battery should provide adequate protection. The fact that there is a body of sex laws which are apart from the laws protecting persons is evidence of their distinct function, namely that of protecting custom."[1]

Scott De Orio:

"The sex-specific nature of sex crime law enshrines the assumption that sex is something that is uniquely harmful, rather than a key aspect of human flourishing, [and] contributes to the stigmatization and demonization of sex itself as well as to the repression of benign sexual variation. “Sex” is not a synonym for “harm,” and the law should not treat it as such."[2]

See also

Quotes

  1. Kinsey, A. Sexual Behavior in the Human Male (1948), p4
  2. De Orio, Punishing Queer Sexuality in the Age of LGBT Rights (2017), p302