Miley Cyrus on stage
Sex has become the cuckoo in the nest of the criminal law.
It used to be the case that the criminal law was principally concerned with two things: violence and property. Obviously enough, citizens want to live their lives feeling protected against the risks that they will hurt, or even killed, by others, or that they will have their property taken away from them by robbery, theft or fraud.
Sex has traditionally had a much smaller part to play. For sure, rape has long been a crime, but in large degree, rape has been seen as a subset of violence. Rape is not even contrary to the 10 Commandments.[1] Having sex with people of the same gender, with children or with animals has sometimes been prosecuted, and sometimes not. But, on the whole, both the police and the courts have concerned themselves much more with offences against the person and offences against property.
But now, sex is everywhere in the criminal law, in ways which would appear utterly bizarre to the majority of civilised people, in different places and in different times. It is not so much the actual act of having sex which has been criminalised, but rather a raft of activities peripherally connected with sex.
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