Love versus Abuse
Crossgenerational Sexual Relations of Minors: A Gay Rights Issue
Bibliographic Data
| ID | 3611516 |
|---|---|
| Authors | Helmut Graupner (corresponding author) |
| Year | 1999 |
| Volume | 37 |
| Issue | 4 |
| Pages | 23-56 |
| Publication date | 1999-08-19 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of Homosexuality (JOURNAL) |
| Journal identifiers | ISSN: 0091-8369 • E-ISSN: 1540-3602 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1300/j082v37n04_03 |
| PMID | 10482330 |
| OpenAlex | W1973593591 |
| Language | EN |
| Citations received | 7 |
The question discussed is how far crossgenerational sexual relations with or by minors could be considered to be a gay rights issue. The author discusses the issue from the perspective of general principles found in the case-law of the European Court on Human Rights. These principles suggest that the basic right to privacy should be interpreted as providing comprehensive protection of the right of children and adolescents to sexual self-determination, namely both the right to effective protection from (unwanted) sex and abuse on the one hand and the right to (wanted) sex on the other. The analysis is based upon the findings of natural and social science as well as an extensive international survey of national legal provisions and it leads to the conclusion that consensual sexual relations of and with adolescents over 14 (out of relations of authority) should be qualified a gay rights issue; likewise (as the exception to the rule) the possibility of filtering out cases from prosecution where a contact/relation is proven (beyond reasonable doubt) as consensual and harmless even though the minor involved is under 14. The legalization of (objectively consensual) sexual relations with persons under 14 as such, however, should not be considered to be a gay rights issue
Criminology · Human rights · Legalization · Perspective (graphical · Poison control · Political science · Relation (database · Sexual abuse · Sociology · Suicide prevention · Discrimination and Equality Law · International Human Rights and Reproductive Law · Law · Medicine · Psychology · Social Psychology
| Unique citing works | 7 |
|---|---|
| Citations per year | 0.27 |
| Citation span | 2000 - 2018 (19) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 7 |