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Children, Sexuality, and the Law

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American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex way...
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  • 22 May 2015
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American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles—either as entirely sexless beings or victims or objects of harmful adult sexual conduct—so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality.

Children, Sexuality, and the Law reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. This work also explores whether and when children have a right to expression as understood within the First Amendment.

The first volume of its kind, Children, Sexuality, and the Law goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.

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Price: $66.00
Pages: 288
Publisher: NYU Press
Imprint: NYU Press
Series: Families, Law, and Society
Publication Date: 22 May 2015
Trim Size: 9.00 X 6.00 in
ISBN: 9780814723852
Format: Hardcover
BISACs: LAW / Family Law / Children, LAW / Child Advocacy
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"In the United States the topic of children as sexual beings has always been taboo. Children involved in sex have been forced into a legal system designed to deal with adult sexual behavior. For instance, should a quick peck on the cheek of a peer at school by a four-year-old be processed under sexual harassment laws, or should 'sexting' teenagers be criminally prosecuted and be forever listed on a sexual abuse registry? Children, Sexuality, and the Law is a ground-breaking book that pierces conventions and stereotypes about children and sex and begins the important task of re-imagining and reconfiguring a social and legal system that treats children realistically and fairly as they sexually mature."