Lesbianism and the Criminal Law


Book Description

This book offers a comprehensive examination of the ways in which the criminal justice system of England and Wales has regulated, and failed or refused to regulate, lesbianism. It identifies the overarching approach as one of silencing: lesbianism has not only been ignored or regarded as unimaginable, but was deliberately excluded from legal discourses. A series of case studies ranging from 1746 to 2013 from parliamentary debates to individual prosecutions shed light on the complex process of regulation through silencing. They illuminate its evolution over three centuries and explore when and why it has been breached. The answers Derry uncovers can be fully understood only in the context of surrounding social and legal developments which are also considered. Lesbianism and the Criminal Law makes an important contribution to the growing bodies of literature on feminism, sexuality and the law and the legal history of sexual offences.




Lesbian, Gay, Bisexual and Trans People (LGBT) and the Criminal Justice System


Book Description

This book explores the experiences of lesbian, gay, bisexual and trans (LGBT) communities as victims, offenders and staff within the criminal justice system. It draws on both emerging and existing LGBT research and campaigns to identify and explore issues relevant to the criminal justice system, including: agencies of the criminal justice system, victimisation, domestic violence and abuse, transgender experiences, LGBT people as offenders, international perspectives and the personal experiences of LGBT people. Charlotte Knight and Kath Wilson trace the legislative journey toward equal treatment before and after the Wolfenden Report. They consider why, for example, lesbians are over represented on death row in the US, how the prosecution characterises them and what part homophobia might play in offending and in sentencing. They raise important questions about the causes of, and responses to, same-sex domestic violence and abuse and how the system delivers justice to trans people. Sodomy laws and the treatment of LGBT people worldwide are also considered and models of good practice are offered. Their insights will be of interest to practitioners, policy makers and scholars of the criminal justice system, particularly those concerned with the rights of LGBT communities.




Criminally Queer


Book Description

This book provides a coherent history of criminal law and homosexuality in Scandinavia from 1842 to 1999, a period during which same-sex love was outlawed or subject to severe legal restrictions in the Scandinavian penal codes. This was the case in most countries in Northern Europe, but the book argues that the development in Scandinavia was different, partly determined by the structure of the welfare state. Five experienced scholars of the history of homosexuality describe how same-sex desire has been regulated in their respective countries during the past 160 years. With backgrounds in history, sociology, and gender studies, the contributors represent an interdisciplinary approach. Their contributions present for the first time a comprehensive history of homosexuality in Scandinavia. Among other things, it includes the most extensive study yet written in any language about Iceland's gay and lesbian history. Also for the first time, the book discusses in detail same-sex sexuality between women. Female homosexuality was outlawed in Eastern Scandinavia, but not in the Western parts of this region. It also analyzes the modern tendency to include lesbian women in the criminal aspect of the medicalization of homosexuality and the growing influence of medical discourse on the law. Jens Rydstrm is lecturer in history, particularly gender history, at Stockholm University (Sweden) and the author of Sinners and Citizens: Bestiality and Homosexuality in Sweden, 18801950. He is currently working on the history of laws on registered partnership in the Nordic countries. Kati Mustola is a research fellow at the Department of Sociology of the University of Helsinki (Finland). She is currently involved in research on the situation of lesbians, gays, bisexuals, and transgender people in the workplace. She also specializes in Finnish lesbian and gay history. She has edited several books in lesbian and gay studies and for many years was responsible for the teaching of lesbian studies at the Christina Institute for Women's Studies at the University of Helsinki.




Queering Law and Order


Book Description

Throughout US history, lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have been pathologized, victimized, and criminalized. Reports of lynching, burning, or murdering of LGBTQ people have been documented for centuries. Prior to the 1970s, LGBTQ people were deemed as having psychological disorders and subsequently subject to electroshock therapy and other ineffective and cruel treatments. LGBTQ people have historically been arrested or imprisoned for crimes like sodomy, cross-dressing, and gathering in public spaces. And while there have been many strides to advocate for LGBTQ rights in contemporary times, there are still many ways that the criminal justice system works against LGBTQ and their lives, liberties, and freedoms. Queering Law and Order: LGBTQ Communities and the Criminal Justice System examines the state of LGBTQ people within the criminal justice system. Intertwining legal cases, academic research, and popular media, Nadal reviews a wide range of issues—ranging from historical heterosexist and transphobic legislation to police brutality to the prison industrial complex to family law. Grounded in Queer Theory and intersectional lenses, each chapter provides recommendations for queering and disrupting the justice system. This book serves as both an academic resource and a call to action for readers who are interested in advocating for LGBTQ rights.




Queer (In)Justice


Book Description

A groundbreaking work that turns a “queer eye” on the criminal legal system Drawing on years of research, activism, and legal advocacy, Queer (In)Justice is a searing examination of queer experiences as “suspects,” defendants, prisoners, and survivors of crime. The authors unpack queer criminal archetypes—from “gleeful gay killers” and “lethal lesbians” to “disease spreaders” and “deceptive gender benders”—to illustrate the punishment of queer expression, regardless of whether a crime was ever committed. Tracing stories from the streets to the bench to behind prison bars, the authors prove that the policing of sex and gender both bolsters and reinforces racial and gender inequalities. An eye-opening study of LGBTQ rights and equality, Queer (In)Justice illuminates and challenges the many ways in which queer lives are criminalized, policed, and punished.




Homosexual Offences


Book Description




Queering Criminology


Book Description

Queer criminological work is at the forefront of critical academic criminology, responding to the exclusion of queer communities from criminology, and the injustices that they experience through the criminal justice system. This volume draws together both theoretical and empirical contributions that develop the growing scholarship being produced at the intersection of 'queer' and 'criminology'. Reflecting the diversity of research that is undertaken at this intersection, the contributions to this volume offer a deeper theoretical and conceptual development of this field alongside empirical research that illustrates the continued relevance and urgency of such scholarship. The contributions consider what it means to be queering criminology in the current political, social, and criminological climate, and chart directions along which this field might develop in order to ensure that greater social and criminal justice for LGBTIQ communities is achieved.




Law and the Gay Rights Story


Book Description

For much of the 20th century, American gays and lesbians lived in fear that public exposure of their sexualities might cause them to be fired, blackmailed, or even arrested. Today, they are enjoying an unprecedented number of legal rights and protections. Clearly, the tides have shifted for gays and lesbians, but what caused this enormous sea change? In his gripping new book, Walter Frank offers an in-depth look at the court cases that were pivotal in establishing gay rights. But he also tells the story of those individuals who were willing to make waves by fighting for those rights, taking enormous personal risks at a time when the tide of public opinion was against them. Frank’s accessible style brings complex legal issues down to earth but, as a former litigator, never loses sight of the law’s human dimension and the context of the events occurring outside the courtroom. Chronicling the past half-century of gay and lesbian history, Law and the Gay Rights Story offers a unique perspective on familiar events like the Stonewall Riots, the AIDS crisis, and the repeal of “Don’t Ask, Don’t Tell.” Frank pays special attention to the constitutional issues surrounding same-sex marriage and closely analyzes the two recent Supreme Court cases addressing the issue. While a strong advocate for gay rights, Frank also examines critiques of the movement, including some coming from the gay community itself. Comprehensive in coverage, the book explains the legal and constitutional issues involved in each of the major goals of the gay rights movement: a safe and healthy school environment, workplace equality, an end to anti-gay violence, relationship recognition, and full integration into all the institutions of the larger society, including marriage and military service. Drawing from extensive archival research and from decades of experience as a practicing litigator, Frank not only provides a vivid history, but also shows where the battle for gay rights might go from here.




Sexual Orientation and the Law


Book Description

This book gives an overview of how the laws of the time affect lesbians and gay men in how they go about their lives.




Legal Inversions


Book Description

An exploration of the contested field of gay and lesbian sexuality and the law.