Sexual Science and the Law
A rape victim charges that pornography caused her attacker to become a sex offender. A lesbian mother fights for custody of her child. A transsexual pilot is fired by a commercial airline after undergoing sex change and sues for sexual discrimination. A homosexual is denied employment because of sexual orientation. The law has much to say about sexual behaviour, but what it says is rarely influenced by the findings of social science research. This book focuses on the dynamic interplay between sexual science and legal decision-making. Reflecting the author’s wide experience as a respected sex researcher, expert witness, and lawyer, “Sexual Science and the Law” provides insights into some of the most controversial social and sexual topics. Drawing on his knowledge of the relevant research and citing from case law and court transcripts, Richard Green demonstrates how the work of sexual science could bring about a transformation in jurisprudence, informing the courts in their deliberations on issues such as sexual privacy, homosexuality, prostitution, abortion, pornography, and sexual abuse. In each case he considers, Green shows how the law has been shaped by social science or impoverished by reliance on conjecture and received wisdom. He examines the role of sexual science in legal controversy, its analysis of human motivation and behaviour, and its use by the courts in determining the relative weight to be given the desires of the individual, the standards of society, and the power of the state in limiting sexual autonomy. This book should interest and educate professional and layperson alike – those lawyers, judges, sex educators, therapists, patients, and citizens who find themselves standing nonplussed at the meeting place of morality and behaviour.