law; decriminalisation

Modern Prostitution Reform and the Return of Volitional Consent

For decades, prostitution laws in America have focused exclusively on contractual consent: the agreement to exchange sexual services for a fee. Courts and legislatures alike ignored volitional consent, or traditional mens rea, by concentrating on the offer and acceptance of the prostitution agreement. In this way, the law disregarded the actor’s choice to engage in the crime. The de facto strict liability nature of the offense rendered it nearly impossible for prostitutes to successfully raise the defenses of duress and necessity.

Modern Prostitution Reform and the Return of Volitional Consent

For decades, prostitution laws in America have focused exclusively on contractual consent: the agreement to exchange sexual services for a fee. Courts and legislatures alike ignored volitional consent, or traditional mens rea, by concentrating on the offer and acceptance of the prostitution agreement. In this way, the law disregarded the actor’s choice to engage in the crime. The de facto strict liability nature of the offense rendered it nearly impossible for prostitutes to successfully raise the defenses of duress and necessity.

Criminalising consensual sexual behaviour in the context of HIV: Consequences, evidence, and leadership

This paper provides an overview of the use of the criminal law to regulate sexual behaviour in three areas of critical importance: (1) HIV exposure in otherwise consensual sex, (2) sex work and (3) sexual activity largely affecting sexual minorities.

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