首页 > 最新文献

Journal of psychology & human sexuality最新文献

英文 中文
Adolescence, Sexual Aggression and the Criminal Law 青少年、性侵犯与刑法
Pub Date : 2005-05-01 DOI: 10.1300/J056v16n02_08
L. Böllinger
SUMMARY Criminal law and criminal policy history is perceived as an evolution of legitimation: from a morality paradigm before the Seventies of last century to a utilitarian concept of interdisciplinary enlightenment and rationality, and on to a factual paradigm of risk containment, security orientation and mere exclusion since the Nineties. However, in the area of sexual crime, and especially as far as “the protection of minors” is concerned, Western law appears to have undergone an additional paradigm change, namely in reverting to moralistic principles in disregard of scientific insight. This process, for which victimology appears to be the door opener, is reflected in legal doctrine and criminal policy, in law enforcement, in populistic media and politics. This evolutionary process is interpreted as symptomatic for a post-modern trend in the globalised society where sexual behavior on one hand is blatantly and abusively commercialised, and on the other hand, if deviant, represents the psychologically most expedient object of scapegoating and symbolic policy. The article finishes pleading for a return to the ‘project of modernity’ and to interdisciplinary studies rather than morality as a foundation for criminal policy.
刑法和刑事政策的历史被视为合法化的演变:从上世纪70年代之前的道德范式到跨学科启蒙和理性的功利主义概念,再到90年代以来的风险遏制、安全导向和纯粹排斥的事实范式。然而,在性犯罪领域,特别是就“保护未成年人”而言,西方法律似乎经历了另一种范式变化,即恢复到道德原则,而不顾科学见解。在这个过程中,受害者学似乎是打开大门的人,反映在法律理论和刑事政策、执法、民粹主义媒体和政治中。这一进化过程被解释为全球化社会中后现代趋势的症状,在全球化社会中,性行为一方面被公然和滥用地商业化,另一方面,如果越轨,则代表了心理上最方便的替罪羊和象征性政策的对象。文章最后呼吁回归“现代性计划”和跨学科研究,而不是将道德作为刑事政策的基础。
{"title":"Adolescence, Sexual Aggression and the Criminal Law","authors":"L. Böllinger","doi":"10.1300/J056v16n02_08","DOIUrl":"https://doi.org/10.1300/J056v16n02_08","url":null,"abstract":"SUMMARY Criminal law and criminal policy history is perceived as an evolution of legitimation: from a morality paradigm before the Seventies of last century to a utilitarian concept of interdisciplinary enlightenment and rationality, and on to a factual paradigm of risk containment, security orientation and mere exclusion since the Nineties. However, in the area of sexual crime, and especially as far as “the protection of minors” is concerned, Western law appears to have undergone an additional paradigm change, namely in reverting to moralistic principles in disregard of scientific insight. This process, for which victimology appears to be the door opener, is reflected in legal doctrine and criminal policy, in law enforcement, in populistic media and politics. This evolutionary process is interpreted as symptomatic for a post-modern trend in the globalised society where sexual behavior on one hand is blatantly and abusively commercialised, and on the other hand, if deviant, represents the psychologically most expedient object of scapegoating and symbolic policy. The article finishes pleading for a return to the ‘project of modernity’ and to interdisciplinary studies rather than morality as a foundation for criminal policy.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"104 - 89"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_08","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Sexual Consent 性同意
Pub Date : 2005-05-01 DOI: 10.1300/J056V16N02_10
H. Graupner
SUMMARY What role can the criminal law play in the battle against child sexual abuse? Should sexual relations of, and with, persons under a certain age be criminalized regardless of the circumstances, even if they are consensual (“age of consent”, “minimum age”)? Where should such a minimum age-limit be fixed? Should there be a special, higher age-limit for particular conditions (e.g., “seduction”, “corruption”)? Should sexual contacts with minors within a relationship of authority be criminalized generally or just if authority is abused? Should criminal proceedings be instituted ex officio or upon complaint only? Should authorities be provided with a power of discretion or should they be obliged to prosecute and sentence in each case? In answering these important questions, it is highly beneficial to have a look across the borders to the solutions other countries have reached in this area. This analysis will provide an overview on the criminal law governing the sexual behavior of, and with, children and adolescents in all European jurisdictions and in selected jurisdictions outside of Europe. It will show which categories of offenses exist and from which age onward young people can effectively consent to various kinds of sexual behavior and relations in the different countries. It turns out that all states in Europe and all of the studied jurisdictions overseas do have minimum age limits for sexual relations, do punish sexual relations with persons under a certain age. Nowhere is this age set lower than 12 years. In Europe in one-half of the jurisdictions, consensual sexual relations with 14-year-old adolescents are legal; in two-thirds with 15-year-olds; in a majority, this is also the case when the older partner has started the initiative (and also when the initiative contains an offer of remuneration). In nearly all jurisdictions, such relations are legal from the age of 16 onwards. Nearly all European jurisdictions set the same age limit in the criminal law for depicting sexual activity as for the sexual activity itself. Most states apply a higher age limit for contacts in relationships of authority. If the authority is not misused the age limit in most jurisdictions is set between 14 and 16; if it is misused between 16 and 18. Most states make no difference between heterosexual and homosexual relations.
刑法在打击儿童性虐待的斗争中可以发挥什么作用?与某一年龄以下的人发生的或与之发生的性关系,无论在何种情况下,即使是两厢情愿的(“同意年龄”、“最低年龄”),也应定为犯罪吗?这样的最低年龄限制应该在哪里确定?是否应该对特定情况(例如“诱惑”、“腐败”)设定一个特别的、更高的年龄限制?在权威关系中与未成年人发生性接触应该普遍被定为犯罪,还是只是在滥用权威的情况下才定为犯罪?刑事诉讼应依职权提起,还是只应根据投诉提起?当局是否应该被赋予自由裁量权,还是有义务对每个案件进行起诉和判刑?在回答这些重要问题时,跨越国界看看其他国家在这一领域达成的解决办法是非常有益的。这一分析将概述在所有欧洲司法管辖区和在欧洲以外的某些司法管辖区管辖儿童和青少年的性行为的刑法。它将显示存在哪些类别的犯罪,以及从哪个年龄开始,年轻人可以有效地同意不同国家的各种性行为和性关系。事实证明,所有欧洲国家和所有被研究过的海外司法管辖区都对性关系有最低年龄限制,也会惩罚与某一年龄以下的人发生性关系。没有哪个国家将这个年龄设定得低于12岁。在欧洲一半的司法管辖区,与14岁的青少年发生两厢情愿的性关系是合法的;三分之二的孩子是15岁;在大多数情况下,当年长的合伙人开始主动行动(以及主动行动包含报酬提议)时,情况也是如此。在几乎所有的司法管辖区,这种关系从16岁起都是合法的。几乎所有的欧洲司法管辖区都在刑法中对描述性行为和性行为本身设定了同样的年龄限制。大多数州对权力关系中的接触都有更高的年龄限制。如果权力没有被滥用,大多数司法管辖区的年龄限制是在14至16岁之间;如果在16岁到18岁之间滥用。大多数州对异性恋和同性恋关系没有区别。
{"title":"Sexual Consent","authors":"H. Graupner","doi":"10.1300/J056V16N02_10","DOIUrl":"https://doi.org/10.1300/J056V16N02_10","url":null,"abstract":"SUMMARY What role can the criminal law play in the battle against child sexual abuse? Should sexual relations of, and with, persons under a certain age be criminalized regardless of the circumstances, even if they are consensual (“age of consent”, “minimum age”)? Where should such a minimum age-limit be fixed? Should there be a special, higher age-limit for particular conditions (e.g., “seduction”, “corruption”)? Should sexual contacts with minors within a relationship of authority be criminalized generally or just if authority is abused? Should criminal proceedings be instituted ex officio or upon complaint only? Should authorities be provided with a power of discretion or should they be obliged to prosecute and sentence in each case? In answering these important questions, it is highly beneficial to have a look across the borders to the solutions other countries have reached in this area. This analysis will provide an overview on the criminal law governing the sexual behavior of, and with, children and adolescents in all European jurisdictions and in selected jurisdictions outside of Europe. It will show which categories of offenses exist and from which age onward young people can effectively consent to various kinds of sexual behavior and relations in the different countries. It turns out that all states in Europe and all of the studied jurisdictions overseas do have minimum age limits for sexual relations, do punish sexual relations with persons under a certain age. Nowhere is this age set lower than 12 years. In Europe in one-half of the jurisdictions, consensual sexual relations with 14-year-old adolescents are legal; in two-thirds with 15-year-olds; in a majority, this is also the case when the older partner has started the initiative (and also when the initiative contains an offer of remuneration). In nearly all jurisdictions, such relations are legal from the age of 16 onwards. Nearly all European jurisdictions set the same age limit in the criminal law for depicting sexual activity as for the sexual activity itself. Most states apply a higher age limit for contacts in relationships of authority. If the authority is not misused the age limit in most jurisdictions is set between 14 and 16; if it is misused between 16 and 18. Most states make no difference between heterosexual and homosexual relations.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"111 - 171"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056V16N02_10","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 84
An Empirical Examination of Sexual Relations Between Adolescents and Adults 青少年与成人两性关系的实证研究
Pub Date : 2005-05-01 DOI: 10.1300/J056v16n02_05
B. Rind
SUMMARY The American view that adolescent-adult sexual relations are by definition “child sexual abuse” has spread throughout the Western world and reshaped public policy. This paper, originally presented as a talk, examines the scientific validity of this view. A historical perspective traces the conflation of the adolescent experience with rape, incest, and that of the young, prepubescent child. Biological and cognitive perspectives support the view that adolescents have more in common with adults than children. Sweeping claims that adolescents react as children are said to is critically tested by examining two types of relations-those between heterosexual teenage boys and women and those between gay or bisexual teenage boys and men. Non-clinical empirical data show overwhelmingly that such relations are characterized mostly by positive reactions based on consent if not initiative on the part of the minor, with perceived benefit rather than harm as a correlate. It is concluded that the American view is false, and that public policy that heightens official reaction to such relations, such as that currently proposed by the European Union, are either misinformed or disingenuous in alleging to protect when the motive is to control adolescents.
美国人认为青少年与成人的性关系在定义上就是“儿童性虐待”,这种观点已经在西方世界传播开来,并重塑了公共政策。本文最初是作为一篇演讲来发表的,它检验了这一观点的科学有效性。从历史的角度来看,青春期的经历与强奸、乱伦和年轻的青春期前儿童的经历相结合。生物学和认知学的观点支持这样一种观点,即青少年与成年人的共同点多于儿童。据说,通过研究两种类型的关系——异性恋青少年男孩和女人之间的关系以及同性恋或双性恋青少年男孩和男人之间的关系,对青少年反应像孩子一样的笼统说法进行了严格的检验。非临床经验数据压倒性地表明,这种关系的特点主要是基于同意的积极反应,如果不是未成年人的主动,与感知到的利益而不是伤害相关。结论是,美国人的观点是错误的,加强官方对这种关系反应的公共政策,如欧盟目前提出的公共政策,要么是错误的,要么是虚伪的,声称保护的动机是控制青少年。
{"title":"An Empirical Examination of Sexual Relations Between Adolescents and Adults","authors":"B. Rind","doi":"10.1300/J056v16n02_05","DOIUrl":"https://doi.org/10.1300/J056v16n02_05","url":null,"abstract":"SUMMARY The American view that adolescent-adult sexual relations are by definition “child sexual abuse” has spread throughout the Western world and reshaped public policy. This paper, originally presented as a talk, examines the scientific validity of this view. A historical perspective traces the conflation of the adolescent experience with rape, incest, and that of the young, prepubescent child. Biological and cognitive perspectives support the view that adolescents have more in common with adults than children. Sweeping claims that adolescents react as children are said to is critically tested by examining two types of relations-those between heterosexual teenage boys and women and those between gay or bisexual teenage boys and men. Non-clinical empirical data show overwhelmingly that such relations are characterized mostly by positive reactions based on consent if not initiative on the part of the minor, with perceived benefit rather than harm as a correlate. It is concluded that the American view is false, and that public policy that heightens official reaction to such relations, such as that currently proposed by the European Union, are either misinformed or disingenuous in alleging to protect when the motive is to control adolescents.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"55 - 62"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_05","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 11
Sexuality, Adolescence and the Criminal Law 性、青春期和刑法
Pub Date : 2005-05-01 DOI: 10.1300/J056v16n02_07
M. Baurmann
SUMMARY The provisions in the German Criminal Code protecting sexual self-determinationeven after several penal law reforms-are still criminologically not yet coherently structured and carry some contradictions. Recent research implies that in the section of the German Criminal Code establishing sexual offences three very divergent forms of deviant behavior are lumped together in an undifferentiated way: violent offences, infractions of moral norms and commercialization of sexuality (the latter in most cases in the form of organised crime). Some offences lack empirical justification in the sense of a concept of protection, for example due to the fact that damage caused to victims is not proven. In addition the establishment of age limits turns out as a difficult task, i.e., when consensual (love) relations of adolescents and of young adults are concerned. International efforts to approximate (sexual) offences legislation carry the risk that reasoned, criminologically analysed and empirically justified regulations are sacrificed to populistic diffused mainstream-thinking.
德国刑法中保护性自决权的规定,即使经过了几次刑法改革,在犯罪学上仍然没有形成连贯的结构,并且存在一些矛盾。最近的研究表明,在《德国刑法》关于性犯罪的章节中,三种非常不同的越轨行为被毫无区别地集中在一起:暴力犯罪、违反道德规范和性商业化(后者在大多数情况下以有组织犯罪的形式出现)。有些罪行缺乏保护概念意义上的经验性理由,例如由于对受害者造成的损害没有得到证实。此外,确定年龄限制是一项困难的任务,即涉及到青少年和青年双方同意的(爱情)关系时。国际上接近(性)犯罪立法的努力有这样一种风险,即理性的、犯罪学分析的和经验证明的法规被民粹主义扩散的主流思想所牺牲。
{"title":"Sexuality, Adolescence and the Criminal Law","authors":"M. Baurmann","doi":"10.1300/J056v16n02_07","DOIUrl":"https://doi.org/10.1300/J056v16n02_07","url":null,"abstract":"SUMMARY The provisions in the German Criminal Code protecting sexual self-determinationeven after several penal law reforms-are still criminologically not yet coherently structured and carry some contradictions. Recent research implies that in the section of the German Criminal Code establishing sexual offences three very divergent forms of deviant behavior are lumped together in an undifferentiated way: violent offences, infractions of moral norms and commercialization of sexuality (the latter in most cases in the form of organised crime). Some offences lack empirical justification in the sense of a concept of protection, for example due to the fact that damage caused to victims is not proven. In addition the establishment of age limits turns out as a difficult task, i.e., when consensual (love) relations of adolescents and of young adults are concerned. International efforts to approximate (sexual) offences legislation carry the risk that reasoned, criminologically analysed and empirically justified regulations are sacrificed to populistic diffused mainstream-thinking.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"44 1","pages":"71 - 87"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_07","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Adolescent American Sex 青少年美国性
Pub Date : 2005-05-01 DOI: 10.1300/J056v16n02_04
D. Weiss, V. Bullough
SUMMARY Though there has been a decline in the percentage of sexually active high school students in the past decade in the United States, the rate of adolescents engaging in sexual behavior leading to orgasm has actually increased. Such orgasms are achieved without penetration and penetration is how most American adolescents define sex. Most adolescent sex also occurs within intimate relationships with partners at or near their own age but definitions of what constitutes intimacy is different than in the past. Sexuality is very important in the life of adolescents in the United States, and sexual activity broadly defined begins fairly early among teenagers although actual sexual intercourse usually takes place much later.
尽管在过去的十年里,美国性活跃的高中生比例有所下降,但青少年参与性行为导致性高潮的比例实际上有所上升。这种性高潮是在没有插入的情况下实现的,而插入是大多数美国青少年对性的定义。大多数青少年的性行为也发生在与同龄或接近同龄的伴侣的亲密关系中,但对构成亲密关系的定义与过去不同。在美国,性行为在青少年的生活中非常重要,广义的性行为在青少年中开始得相当早,尽管真正的性交通常要晚得多。
{"title":"Adolescent American Sex","authors":"D. Weiss, V. Bullough","doi":"10.1300/J056v16n02_04","DOIUrl":"https://doi.org/10.1300/J056v16n02_04","url":null,"abstract":"SUMMARY Though there has been a decline in the percentage of sexually active high school students in the past decade in the United States, the rate of adolescents engaging in sexual behavior leading to orgasm has actually increased. Such orgasms are achieved without penetration and penetration is how most American adolescents define sex. Most adolescent sex also occurs within intimate relationships with partners at or near their own age but definitions of what constitutes intimacy is different than in the past. Sexuality is very important in the life of adolescents in the United States, and sexual activity broadly defined begins fairly early among teenagers although actual sexual intercourse usually takes place much later.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"43 - 53"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_04","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 11
Prostitution of Young Persons 青少年卖淫
Pub Date : 2005-05-01 DOI: 10.1300/J056v16n02_09
Thomas Moebius
SUMMARY Juvenile prostitution in the German welfare work is being interpreted as a peculiar behaviour which cannot be influenced by criminal law but by psychodynamic and social condition factors and motives. The public prostitution of adolescents largely takes place unaffected by criminal persecution. In view of the legislation in Germany, the regulations of criminal law have not had any decisive influence at juvenile prostitution. In Germany there exists a sufficient protection of children and adolescents. The current discussion about the expansion of the childhood definition of young people up to 18 years, and a de-legalization of agreed sexual actions between people under and over 18 years ignores a typical juvenile behaviour. A change in the situation of life of juvenile prostitutes by a legal intensification, as well as a change in behaviour through an anonymous sanction system like that of legislation, cannot be expected.
在德国的福利工作中,青少年卖淫被解释为一种特殊的行为,不受刑法的影响,而是受心理动力学和社会条件因素和动机的影响。青少年的公共卖淫大多不受刑事迫害。从德国的立法来看,刑法条例对青少年卖淫没有任何决定性的影响。在德国,儿童和青少年得到了充分的保护。目前关于将青少年的童年定义扩大到18岁以下的讨论,以及将18岁以下和18岁以上的人之间商定的性行为去合法化的讨论,忽视了典型的青少年行为。不能指望通过加强法律来改变少年性工作者的生活状况,也不能指望通过类似立法的匿名制裁制度来改变行为。
{"title":"Prostitution of Young Persons","authors":"Thomas Moebius","doi":"10.1300/J056v16n02_09","DOIUrl":"https://doi.org/10.1300/J056v16n02_09","url":null,"abstract":"SUMMARY Juvenile prostitution in the German welfare work is being interpreted as a peculiar behaviour which cannot be influenced by criminal law but by psychodynamic and social condition factors and motives. The public prostitution of adolescents largely takes place unaffected by criminal persecution. In view of the legislation in Germany, the regulations of criminal law have not had any decisive influence at juvenile prostitution. In Germany there exists a sufficient protection of children and adolescents. The current discussion about the expansion of the childhood definition of young people up to 18 years, and a de-legalization of agreed sexual actions between people under and over 18 years ignores a typical juvenile behaviour. A change in the situation of life of juvenile prostitutes by a legal intensification, as well as a change in behaviour through an anonymous sanction system like that of legislation, cannot be expected.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"105 - 110"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_09","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The 17-Year-Old Child 17岁的孩子
Pub Date : 2005-05-01 DOI: 10.1300/J056V16N02_02
H. Jd
SUMMARY Recently enacted EU-legislation will affect interferences with the sexual life of adolescents across Europe in an intensity so far not known in any of the European states. The “Framework-Directive on combating sexual exploitation of children and child-pornography” will oblige all member States of the European Union to create extensive offences of “child”-pornography and “child”-prostitution, defining as “child” every person up to 18 years of age, without differentiating between five-year-old children and 17-year-old juveniles. These offences go far beyond combating child pornography and child prostitution, thus making a wide variety of adolescent sexual behaviour, hitherto completely legal in the overwhelming majority of jurisdictions in Europe, serious crimes; for instance: sex between 16-year-olds for “remuneration”, which includes invitations to cinema or to a dinner; “lascivious” drawings of a 17-year-old girl possessed by a 15-year-old boy; photographs of a 16 year-old girl in her bikini “las...
最近颁布的欧盟立法将影响到对整个欧洲青少年性生活的干扰,其强度在任何欧洲国家都是未知的。“打击对儿童的性剥削和儿童色情制品的框架指令”将要求欧盟所有成员国制定广泛的“儿童”-色情制品罪和“儿童”-卖淫罪,将18岁以下的每个人都定义为“儿童”,而不区分5岁儿童和17岁少年。这些罪行远远超出打击儿童色情和儿童卖淫的范围,从而使各种各样的青少年性行为成为严重罪行,而这些行为迄今在欧洲绝大多数司法管辖区是完全合法的;例如:16岁青少年之间为了“报酬”发生性关系,包括邀请他们去看电影或参加晚宴;一名17岁女孩被一名15岁男孩附身的“淫荡”画作;一个16岁女孩穿着比基尼的照片“最后……”
{"title":"The 17-Year-Old Child","authors":"H. Jd","doi":"10.1300/J056V16N02_02","DOIUrl":"https://doi.org/10.1300/J056V16N02_02","url":null,"abstract":"SUMMARY Recently enacted EU-legislation will affect interferences with the sexual life of adolescents across Europe in an intensity so far not known in any of the European states. The “Framework-Directive on combating sexual exploitation of children and child-pornography” will oblige all member States of the European Union to create extensive offences of “child”-pornography and “child”-prostitution, defining as “child” every person up to 18 years of age, without differentiating between five-year-old children and 17-year-old juveniles. These offences go far beyond combating child pornography and child prostitution, thus making a wide variety of adolescent sexual behaviour, hitherto completely legal in the overwhelming majority of jurisdictions in Europe, serious crimes; for instance: sex between 16-year-olds for “remuneration”, which includes invitations to cinema or to a dinner; “lascivious” drawings of a 17-year-old girl possessed by a 15-year-old boy; photographs of a 16 year-old girl in her bikini “las...","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"7-24"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056V16N02_02","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
14 to 18 Year Olds as “Children” by Law? 法律规定14至18岁为“儿童”?
Pub Date : 2005-05-01 DOI: 10.1300/J056v16n02_06
Lilian Hofmeister
SUMMARY The European Union Council Framework Decision 2004/68/JI of 22.12.2003 “on combating the sexual exploitation of children and child pornography” defines as “child” any person below the age of 18. Under Austrian law there are no children between the ages of 7 and 18. The author criticizes that, up to now, the development of age limits in legal history has taken a clearly different way in the various fields of law of the Austrian legal order. The Austrian legislator's tendency, which has evolved in the course of legal history, to grant rights and permits to young people between 14 and 18 years earlier but, at the same time, to impose on them more and more obligations arising from private and public law, to give them the opportunity to grow into adult life with full powers and responsibilities step by step, totally contradicts the Council Framework Decision. Today, adolescents live in a cultural environment characterized by globalized pop culture and world-wide communication technology. Access to “extreme ideas” is offered everywhere and anytime. It is highly difficult to grow up without any interference and develop one's own personality and sexual orientation according to one's inherent nature under such circumstances of a world society, and this process may be seriously disturbed or even prevented by inappropriate prohibitions imposed by criminal law. However, the aim of any education is to accompany adolescents while they are growing up so that they become self-assured, self-responsible citizens with an understanding of how to work for peace and common welfare who know “how to walk upright” and do so, and who are informed about their civil rights and are able to exercise the same decidedly. We do not need only consumers but also citizens of the world! Repatriarchalization and criminalization are the wrong answers to the urgent questions of world society. The question how to combat child pornography commerce is certainly one of the most important concerns because it is abused children and adolescents for whom it is most difficult to develop their personalities and become citizens of the world. Legally useful answers can only be expected by those who address precise questions to the law. In this respect Europe failed. Given the fundamental right to respect for one's private life and the prohibition of discrimination on the grounds of age the creation of new offencesinvolving a definition of the child as a person up to the age of 18, which contradicts well established law and is unrealistic-shoots past the mark in the author's opinion. Such provisions miss the target group of potential offenders, and infantilize and criminalize society instead. With the proposed legal means it will not be possible to attain the actual aims, i.e., to finally destroy the market for child pornography, and to punish its organizers, “wire-pullers” and users as offenders, and to eliminate them once and for all. The legal status of adolescents is weakened or at leas
欧洲联盟理事会2003年12月22日“关于打击对儿童的性剥削和儿童色情制品”的框架决定2004/68/JI将未满18岁的人定义为“儿童”。根据奥地利法律,7岁至18岁的儿童不得入奥地利。作者批评说,到目前为止,法律史上年龄限制的发展在奥地利法律秩序的各个法律领域采取了明显不同的方式。奥地利立法者的倾向是在法律历史的进程中演变的,即给予14至18岁的年轻人权利和许可,但同时又使他们承担越来越多的私法和公法所产生的义务,使他们有机会逐步成长为拥有充分权力和责任的成年人,这完全与理事会框架决定相矛盾。今天,青少年生活在一个以全球化的流行文化和世界范围的通信技术为特征的文化环境中。随时随地都能接触到“极端思想”。在这样一个世界社会的环境下,一个人很难在没有任何干扰的情况下成长,很难按照自己的本性发展自己的个性和性取向,而这一过程可能会受到刑法不适当的禁令的严重干扰甚至阻碍。然而,任何教育的目的都是陪伴青少年成长,使他们成为自信、负责任的公民,懂得如何为和平和共同福利而努力,知道“如何直立行走”并这样做,了解他们的公民权利,并能够果断地行使这些权利。我们不仅需要消费者,还需要世界公民!遣返和刑事定罪是对世界社会紧迫问题的错误回答。如何打击儿童色情商业无疑是最重要的问题之一,因为受虐待的儿童和青少年是最难发展个性和成为世界公民的。只有那些向法律提出精确问题的人,才能期望得到在法律上有用的答案。在这方面,欧洲失败了。考虑到尊重个人私生活的基本权利和禁止基于年龄的歧视,创造新的罪行,包括将儿童定义为18岁以下的人,这与既定的法律相矛盾,是不现实的,在提交人看来是过分的。这样的规定没有考虑到潜在罪犯的目标群体,反而使社会变得幼稚和犯罪化。以拟议的法律手段,将不可能达到实际目的,即最终摧毁儿童色情制品市场,将其组织者、“拉线者”和使用者作为罪犯加以惩罚,并彻底消灭他们。青少年的法律地位受到削弱,或至少严重削弱了他们的要求,因为他们拥有根据个性和年龄而定的基本权利;理事会框架决定与欧洲联盟主要法律中关于不得因年龄而歧视妇女的平等保障相矛盾。
{"title":"14 to 18 Year Olds as “Children” by Law?","authors":"Lilian Hofmeister","doi":"10.1300/J056v16n02_06","DOIUrl":"https://doi.org/10.1300/J056v16n02_06","url":null,"abstract":"SUMMARY The European Union Council Framework Decision 2004/68/JI of 22.12.2003 “on combating the sexual exploitation of children and child pornography” defines as “child” any person below the age of 18. Under Austrian law there are no children between the ages of 7 and 18. The author criticizes that, up to now, the development of age limits in legal history has taken a clearly different way in the various fields of law of the Austrian legal order. The Austrian legislator's tendency, which has evolved in the course of legal history, to grant rights and permits to young people between 14 and 18 years earlier but, at the same time, to impose on them more and more obligations arising from private and public law, to give them the opportunity to grow into adult life with full powers and responsibilities step by step, totally contradicts the Council Framework Decision. Today, adolescents live in a cultural environment characterized by globalized pop culture and world-wide communication technology. Access to “extreme ideas” is offered everywhere and anytime. It is highly difficult to grow up without any interference and develop one's own personality and sexual orientation according to one's inherent nature under such circumstances of a world society, and this process may be seriously disturbed or even prevented by inappropriate prohibitions imposed by criminal law. However, the aim of any education is to accompany adolescents while they are growing up so that they become self-assured, self-responsible citizens with an understanding of how to work for peace and common welfare who know “how to walk upright” and do so, and who are informed about their civil rights and are able to exercise the same decidedly. We do not need only consumers but also citizens of the world! Repatriarchalization and criminalization are the wrong answers to the urgent questions of world society. The question how to combat child pornography commerce is certainly one of the most important concerns because it is abused children and adolescents for whom it is most difficult to develop their personalities and become citizens of the world. Legally useful answers can only be expected by those who address precise questions to the law. In this respect Europe failed. Given the fundamental right to respect for one's private life and the prohibition of discrimination on the grounds of age the creation of new offencesinvolving a definition of the child as a person up to the age of 18, which contradicts well established law and is unrealistic-shoots past the mark in the author's opinion. Such provisions miss the target group of potential offenders, and infantilize and criminalize society instead. With the proposed legal means it will not be possible to attain the actual aims, i.e., to finally destroy the market for child pornography, and to punish its organizers, “wire-pullers” and users as offenders, and to eliminate them once and for all. The legal status of adolescents is weakened or at leas","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"63 - 70"},"PeriodicalIF":0.0,"publicationDate":"2005-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n02_06","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Impact of Social and Structural Influence Interventions on Condom Use and Sexually Transmitted Infections Among Establishment-Based Female Bar Workers in the Philippines. 社会和结构影响干预措施对菲律宾酒吧女工作人员使用避孕套和性传播感染的影响。
Pub Date : 2005-01-01 DOI: 10.1300/J056v17n01_04
Donald E Morisky, Chi Chiao, Judith A Stein, Robert Malow

This quasi-experimental study evaluated the influence of structural intervention components (e.g., changing organizational and social influence factors) in reducing biological sexually transmitted infections (STIs) and reports of unprotected sex among female bar workers (FBWs) in the Philippines (N = 369 at baseline). Recruited from four large southern Philippines cities, FBWs were exposed to a standard care, a manager influence, a peer influence, or a combined manager/peer influence condition. After the two-year intervention period, FBWs in the combined peer and manager intervention condition showed greater reductions in STIs and unprotected sex relative to those in the standard care condition. FBWs in the combined and the manager only conditions also showed a decrease in STIs compared to those in the standard care condition. Managers in the standard care condition reported lower positive condom attitudes and lower attendance at HIV/AIDS related training sessions compared to those in the combined condition. The combined effect of managers and peers had a positive, synergistic effect on condom use behavior and STI reduction compared to the standard care. This research provides empirical evidence that structural changes such as rules, regulations, and increased accessibility of condoms must be in combination with normative changes (individuals' attitudes, beliefs and normative expectancies) in order to achieve the greatest benefit in condom use behavior and STI reduction/prevention.

这项准实验研究评估了结构性干预成分(例如,改变组织和社会影响因素)在减少菲律宾女性酒吧工作人员(FBWs)的生物性传播感染(sti)和无保护性行为报告方面的影响(基线N = 369)。从菲律宾南部的四个大城市招募来的fbw被暴露在标准护理、经理影响、同伴影响或经理/同伴影响联合条件下。在两年的干预期后,在同伴和管理者联合干预条件下的FBWs与标准护理条件下的FBWs相比,在性传播感染和无保护性行为方面表现出更大的减少。与标准治疗组相比,联合治疗组和单独治疗组的FBWs性传播感染发生率也有所下降。与联合治疗组相比,标准治疗组的管理人员对避孕套的积极态度较低,参加艾滋病毒/艾滋病相关培训的人数较少。与标准护理相比,管理人员和同伴的联合作用对避孕套使用行为和性病减少具有积极的协同作用。本研究提供的经验证据表明,规则、条例和增加避孕套可及性等结构性变化必须与规范性变化(个人的态度、信念和规范性期望)相结合,才能在避孕套使用行为和减少/预防性传播感染方面取得最大利益。
{"title":"Impact of Social and Structural Influence Interventions on Condom Use and Sexually Transmitted Infections Among Establishment-Based Female Bar Workers in the Philippines.","authors":"Donald E Morisky,&nbsp;Chi Chiao,&nbsp;Judith A Stein,&nbsp;Robert Malow","doi":"10.1300/J056v17n01_04","DOIUrl":"https://doi.org/10.1300/J056v17n01_04","url":null,"abstract":"<p><p>This quasi-experimental study evaluated the influence of structural intervention components (e.g., changing organizational and social influence factors) in reducing biological sexually transmitted infections (STIs) and reports of unprotected sex among female bar workers (FBWs) in the Philippines (N = 369 at baseline). Recruited from four large southern Philippines cities, FBWs were exposed to a standard care, a manager influence, a peer influence, or a combined manager/peer influence condition. After the two-year intervention period, FBWs in the combined peer and manager intervention condition showed greater reductions in STIs and unprotected sex relative to those in the standard care condition. FBWs in the combined and the manager only conditions also showed a decrease in STIs compared to those in the standard care condition. Managers in the standard care condition reported lower positive condom attitudes and lower attendance at HIV/AIDS related training sessions compared to those in the combined condition. The combined effect of managers and peers had a positive, synergistic effect on condom use behavior and STI reduction compared to the standard care. This research provides empirical evidence that structural changes such as rules, regulations, and increased accessibility of condoms must be in combination with normative changes (individuals' attitudes, beliefs and normative expectancies) in order to achieve the greatest benefit in condom use behavior and STI reduction/prevention.</p>","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"17 1-2","pages":"45-63"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v17n01_04","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"30234806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 28
Sexuality, HIV Prevention, Vulnerability and Risk 性,艾滋病毒预防,脆弱性和风险
Pub Date : 2004-12-02 DOI: 10.1300/J056v16n01_01
P. Aggleton
Abstract Since early in the epidemic, sex and sexuality have been central to discourses of HIV/AIDS prevention. Yet the manner in which these terms are used and the way in which we have been encouraged to understand risk and vulnerability in the face of the epidemic have varied. Drawing on a review of relevant literature as well as experience globally, this paper charts a gradual shift in paradigm from a focus on sexual behaviors and individual risk to a more broadly based analysis which emphasises sexuality, sexual identity and sexual expression; the contexts in which sexual acts occur and become meaningful; and the societal and environmental factors that predispose towards vulnerability. The implications of this shift for policy and program development across the fields of HIV/AIDS and sexual health are discussed.
自艾滋病流行初期以来,性和性行为一直是艾滋病毒/艾滋病预防话语的中心。然而,使用这些术语的方式和鼓励我们理解面对这一流行病的风险和脆弱性的方式各不相同。在回顾相关文献和全球经验的基础上,本文描绘了范式的逐渐转变,从关注性行为和个体风险到更广泛的分析,强调性、性身份和性表达;性行为发生并变得有意义的环境;以及易受伤害的社会和环境因素。讨论了这一转变对艾滋病毒/艾滋病和性健康领域的政策和方案发展的影响。
{"title":"Sexuality, HIV Prevention, Vulnerability and Risk","authors":"P. Aggleton","doi":"10.1300/J056v16n01_01","DOIUrl":"https://doi.org/10.1300/J056v16n01_01","url":null,"abstract":"Abstract Since early in the epidemic, sex and sexuality have been central to discourses of HIV/AIDS prevention. Yet the manner in which these terms are used and the way in which we have been encouraged to understand risk and vulnerability in the face of the epidemic have varied. Drawing on a review of relevant literature as well as experience globally, this paper charts a gradual shift in paradigm from a focus on sexual behaviors and individual risk to a more broadly based analysis which emphasises sexuality, sexual identity and sexual expression; the contexts in which sexual acts occur and become meaningful; and the societal and environmental factors that predispose towards vulnerability. The implications of this shift for policy and program development across the fields of HIV/AIDS and sexual health are discussed.","PeriodicalId":85015,"journal":{"name":"Journal of psychology & human sexuality","volume":"16 1","pages":"1 - 11"},"PeriodicalIF":0.0,"publicationDate":"2004-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1300/J056v16n01_01","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66457061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 36
期刊
Journal of psychology & human sexuality
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1