Sexual Science and the Law

by Richard Green

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 sex discrimination. A homosexual is denied employment because of sexual orientation. A woman argues that her criminal behavior should be excused because she suffers from premenstrual syndrome. The law has much to say about sexual behavior, but what it says is rarely influenced by the findings of social science research over recent decades. This book focuses for the first time on the dynamic interplay between sexual science and legal decisionmaking.

Reflecting the author's wide experience as a respected sex researcher, expert witness, and lawyer, Sexual Science and the Law provides valuable insights into some of the most controversial social and sexual topics of our time. Drawing on an exhaustive knowledge of the relevant research and citing extensively 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 behavior, 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. Unprecedented in its portrayal of sexuality in a legal context, this scholarly but readable book will 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 behavior.

432 pages, Hardcover

First published January 1, 1992

Reviews

[M. · Rating 1 out of 5]

The author is an apologist for child sexual abuse.

"It is not only radical factions, such as. . . the Gay Liberation Movement's bete noir, NAMBLA. . . that stir up the debate. Mainstream. . . researchers. . . question whether all of the 'sexual' experiences between children and adults are necessarily 'abusive"' and "see parallels with the earlier sexual science view of homosexuality.” That earlier view, of course, saw all homosexuals as sick, just as today's crusaders see all intergenerational sex as abusive. As long as 40 years ago, Karl Menninger and Lauretta Bender found several cases of incest and other intergenerational sexuality that had positive outcomes. Bender said that "in contrast to the harsh social taboos. . . there exists no scientific proof that there are any resulting deleterious effects."