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Sexual Morality Offences It was only in the mid-1960s that Canada’s laws regarding ‘deviant’ sexual behaviour came into question. Case of Everett Klippert – homosexual sentenced to life imprisonment as a dangerous offender Case of Everett Klippert – homosexual sentenced to life imprisonment as a dangerous offender In 1969, Bill C-150 decriminalized homosexuality. By 2005, same-sex marriages were legal in Canada. Two existing offences involving sexual morality: Prostitution Prostitution Pornography Pornography ©2012 McGraw-Hill Ryerson Ltd.LO4
Prostitution Defined as the consensual exchange of sex for money and money for sex. In Canada, it is not a crime to be a prostitute. However, negotiating the arrangement for the act is illegal under s. 213 of the Criminal Code. In 2006, the UCR recorded 5701 incidents of prostitution. ©2012 McGraw-Hill Ryerson Ltd.LO4
Actors involved: prostitute, pimp/madam, john. Vast majority of recorded prostitution-related offences involve communication to buy or sell sex (over 90%). Women are penalized more harshly when charged and convicted. When the punishment is a fine, men outnumber women. High rate of victimization, low rate of reporting. ©2012 McGraw-Hill Ryerson Ltd. Prostitution (cont’d) LO4
Prostitution: Feminist Perspectives Radical Feminists: argue that prostitution is directly related to patriarchy and the power politics of the male gender. Liberal Feminists: more apt to see prostitution as a business transaction that benefits both parties to the arrangement. Socialist/Marxist Feminists: point out that prostitutes are oppressed and victimized both by patriarchy (men) and capitalism. Shared objective: promoting a world in which women enjoy equal rights and power. ©2012 McGraw-Hill Ryerson Ltd.LO4
S. 163 of the Criminal Code: it is an offence to publish or circulate any obscene ‘thing.’ ‘Obscene’ is defined as the undue exploitation of sex and crime, horror, cruelty, and violence. Judges have the task of determining what is obscene, which is deemed to be those things that violate community standards. ©2012 McGraw-Hill Ryerson Ltd. Pornography LO4
S (1) of the Criminal Code defines child pornography as: A photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means (i) that shows a person who is or is depicted as being under the age of 18 years and is engaged in or is depicted as engaged in explicit sexual activity or (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of 18 years. A photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means (i) that shows a person who is or is depicted as being under the age of 18 years and is engaged in or is depicted as engaged in explicit sexual activity or (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of 18 years. Up to 5 years imprisonment. Little or no evidence found that links explicit sexual materials to criminal behaviours. ©2012 McGraw-Hill Ryerson Ltd. Child Pornography LO4
Feminist and Legal Views of Pornography Feminist Views Pornography seen as an expressed of male culture through which women are commodified and exploited Some Liberal Feminists argue for free speech: ‘a woman’s body, a woman’s right’ Pro-Sex Feminists: see benefits for women R v Butler Legal View Bill C-20 toughened Canada’s child pornography laws and clarified the type of written material that constitutes child pornography Enforcement is difficult R v Sharpe ©2012 McGraw-Hill Ryerson Ltd.LO4
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