Deviant sexual intercourse

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Deviant sexual intercourse or deviate sexual intercourse is, in some U.S. states, a legal term for "any act of sexual gratification involving the sex organs of one person and the mouth or anus of another, anus to mouth or involving invasion of the anus or vagina of one person by a foreign object manipulated by another person". [1]

Contents

Model Penal Code

In the United States of America, deviate sexual intercourse has been popularized since its usage in the U.S. Model Penal Code. [2] The MPC defines,

"Deviate sexual intercourse" means sexual intercourse per os or per anum between human beings who are not husband and wife, and any form of sexual intercourse with an animal." [3]

U.S. states

Typically, the act itself (whether consensual or not) used to be a crime, but the term is now used to describe forcible or otherwise involuntary acts that differ from the crime of rape (sometimes deviant sexual intercourse is included in the definition of rape), in the way that indecent assault might be used in other states and countries.

Texas & Kentucky

In the United States, the term has replaced sodomy in the criminal codes of some states, including Texas [4] and Kentucky. [1]

Pennsylvania

As an example, Section 3101 of the Pennsylvania Consolidated Statutes defines "deviate sexual intercourse" as "Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal. The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures." [5] On March 31, 1995, "Section 3124. Voluntary deviate sexual intercourse" was repealed; it was no longer considered a criminal offense to engage in such activity voluntarily. [5]

SCOTUS

The consensual practice of anal or oral sex was legalised by the 2003 U.S. Supreme Court case of Lawrence v. Texas .

Related Research Articles

Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape, drug facilitated sexual assault, and the torture of the person in a sexual manner.

<span class="mw-page-title-main">Sodomy laws in the United States</span> Aspect of United States law

The United States has inherited sodomy laws which constitutionally outlawed a variety of sexual acts that are deemed illegal, illicit, unlawful or unnatural from the colonial laws in the 17th century. While they often targeted sexual acts between persons of the same sex, many sodomy-related statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes, in some cases even including acts between married persons.

<i>New York v. Onofre</i> 1980 New York Court of Appeals Case that Repealed Sodomy Law

The People v. Ronald Onofre, 51 N.Y.2d 476, 415 N.E.2d 936, 434 N.Y.S.2d 947 (1980), was an appeal against New York's sodomy laws, decided in the New York Court of Appeals.

The crime against nature or unnatural act has historically been a legal term in English-speaking states identifying forms of sexual behavior not considered natural or decent and are legally punishable offenses. Sexual practices that have historically been considered to be "crimes against nature" include masturbation, sodomy and bestiality.

The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.

The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.

<span class="mw-page-title-main">Ages of consent in North America</span> Age of consent for sexual activity in countries in North America

In North America, the legal age of consent relating to sexual activity varies by jurisdiction.

<span class="mw-page-title-main">Ages of consent in Africa</span> Ages of consent for sexual activity in the countries of Africa

The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.

In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes. In statutory rape, overt force or threat is usually not present. Statutory rape laws presume coercion because a minor or mentally disabled adult is legally incapable of giving consent to the act.

<span class="mw-page-title-main">Sodomy law</span> Laws criminalising certain sexual acts

A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law but are typically understood by courts to include any sexual act deemed to be "unnatural" or "immoral". Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced against heterosexual couples, and have mostly been used to target homosexual couples.

<span class="mw-page-title-main">Ages of consent in the United States</span> U.S. law on age of consent to sexual activity

In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.

<span class="mw-page-title-main">Criminal law of the United States</span>

Criminal law is a system of laws that is connected with crimes and punishments of an individual who commits crimes. In comparison, civil law is where the case argues their issues with one entity to another entity with support of the law. Crimes can vary in definition by jurisdiction but the basis for a crime are fairly consistent regardless.

Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147 of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.

Marital rape is illegal in all 50 US states, though the details of the offence vary by state.

Rape in Alabama is currently defined across three sections of its Criminal Code: Definitions, Rape in the First Degree, and Rape in the Second Degree. Each section addresses components of the crime such as age, sentencing, the genders of the individuals involved, and the acts involved.

The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts and is thus the minimum age of a person with whom another person is legally permitted to engage in sexual activity. The distinguishing aspect of the age of consent laws is that the person below the minimum age is regarded as the victim, and their sex partner is regarded as the offender, unless both are underage.

Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.

References

  1. 1 2 "Kentucky Association of Sexual Assault Programs". Kentucky Association of Sexual Assault Programs. Archived from the original on February 10, 2009. Retrieved January 21, 2009.
  2. https://archive.org/details/ModelPenalCode_ALI
  3. https://ia600102.us.archive.org/29/items/ModelPenalCode_ALI/MPC%20full%20%28504%20pages%29.pdf
  4. Bartee, Alice Fleetwood (2005). Privacy Rights: Cases Lost and Causes Won Before the Supreme Court. Rowman & Littlefield. p. 210. ISBN   9780742553200 . Retrieved January 21, 2009.
  5. 1 2 "Chapter 31 – Sexual Offenses". Pennsylvania Consolidated Statutes . Pennsylvania General Assembly. July 23, 2020. Retrieved January 30, 2021.