Young People and Safer Sex Education

I don't know about you but I do find Charlie Brooker always brightens up my Monday. His mixture of bile and cynicism always gets my week off to a good start. I was therefore gutted to rad those dreaded words in G2 today: 'Charlie Brooker is Away.' His column was instead taken by Stuart Heritage who talked about his role with World Contraception Day and specifically the approaches that can/should be taken by sexual health workers regarding young people. It's no Charlie Brooker but it's worth a read. Check it out here.

Obscene Child Pornography Laws?

Katherine Sansom has written a wonderful piece for the online webzine FIPA in which she explores and challenges the child pornography laws in England and Wales. It's controversial and challenging stuff but I think Sansom makes very valid and important points in an area that makes it very difficult to offer new and challenging perspectives.

I personally think there's an argument to abolish all child pornography laws (Sansom doesn't go this far) - whilst criminalising the acts that are depicted/acts performed under duress. Thus, a 14 year old masturbating on their camera phone and who sends it to his/her/zir girlfriend/boyfriend/lover would not be criminalised (together with the recipient) but the abusive family member forcing a 14 year old to make such a recording would still be criminalised. On the other hand, I continue to listen to the arguments about pornography making 'real world' acts more likely and I remain open to persuasion on that point. I confess it's an area I'm still exploring and thinking through (before the lynch mob arrives!) but contributions such as that Sansom makes, are important in a measured and rationale exploration of an emotive area of law.

Check out the full piece here.

Public Sex/Barebacking Starting Points

For my students still grappling with starting points for their assignments, check out these short informal pieces on public sex and barebacking (porn). Links have been on the LAW326 Facebok page since the start of the year but I know not everyone is on there. Good luck! :-)

Sex and Capacity

The excellent Peter Bartlett has edited a special issue of Liverpool Law Review exploring sex and capacity. Some of the content is freely available to all on the publishers website. See the contents and access the free articles here.

Public Sex, a Knight and Oxford's Capture by the Whore of Babylon

One might be mistaken for believing that Oxford has come under the jurisdiction of the Whore of Babylon going off the local rag - the Oxford Mail - this week. You might argue that could be a good thing but that's one for another post...

Today, the illustrious rag features a piece on a local vicar complaining about children drunk and 'having sex' in his church yard. The alcohol seems well evidenced (like much of the country) and we are right to be concerned about this tiny minority of young people who do drink alcohol to excess underage - and we ought to work with families to address this. The sex point seems a bit more odd. No-one seems to have witnessed sex in the article (I can see how "vicar watches teens have sex in church yard" might take the story in a different direction), but the vicar comments that: "I notice the condoms in the path when I go to open up, and sometimes we pick up empty vodka bottles. You would think it would be in the summer, but it’s any time of year".

I do like the implicit idea that you can understand a 13 year old having sex outside in the summer, but the winter, now come on that's just plain naughtiness. There is no indication whether the condoms are used or not (and thus whether they are just young kids messing around with condoms or using them for sex) but at a time of sky-rocketing STD rates, isn't it great that these kids are managing their sex lives? Doesn't it perhaps show that even when pissed out of their skulls, these kids are switched on enough to think about their health and make reasoned decisions about pregnancy and/or sexual health?

Anyway, that's just a minor story I stumbled upon and you can read it in full here. The real story that drove me to the Oxford Mail (for it is not my general source of news) appeared on Pink News on Friday. It's the story of Sir Beville Stanier (only in England can we have people called that) who Pink News tells us is a 'Tory grandee' and also 'a friend of the Queen.' That's not code apparently -they mean the little elderly lady we think of as Her Majesty.

Well, Sir Beville has got a spot of trouble with some blighters on his land. TB carrying badgers? Foxes? No, it's those rampant horny men humping and bumping all over his modest 2000 acre estate. This noble knight of the realm (heaven help us) is upset at recent moves by the council to 'clear up' his site and install a new fence - which the Pink News helpfully tells us 'can be accessed from a layby on the M40.'

Apparently, it's not good enough and the blighters are returning for some nocturnal cruising. Now, one presumes this is not in direct sight of Sir Beville? If it is going on in trees one does wonder how he knows about it? Who exactly is it bothering? Why on earth are the Police maintaining a "presence" at the site, and why should Sir Beville get his way and have even more Police there? I for one suggest he dons his armor like knights of old and guards the fence himself, or alternatively digs into his presumably substantial pockets and pays for a new improved fence.

Check out the Pink news story here and the Oxford Mail story here.

Sex Work Research

I promised ages ago I'd start uploading conference slides/papers and publications and then, as is so often the case, I forgot all about it. So belatedly, here are a couple of pieces I wrote on sex work in 2009 and 2008. The first, entitled 'Male Sex Work and the Internet Effect: Time to Re-evaluate the Criminal Law' was published back in 2009 and explores sex work identities on the hook up/social networking site Gaydar, together with legal responses (or lack thereof) to the increasing role of the Internet in sex work. The second piece is a much smaller piece entitled 'Sex Work in Cyberspace: Who Pays the Price?'. It represents my first thoughts on the last UK government's approach to sex work, the role of the Internet (with an emphasis on female sex workers this time) and I also discuss the infamous Mark Oaten incident which had a life-changing impact on both Oaten and the male sex worker involved. It might also be the first law scholarly article to feature a recipe for Parkin cake.

Ashford, C (2009) ‘Male Sex Work and the Internet Effect: Time to Re-evaluate the Criminal Law?’, Journal of Criminal Law 73(3) 258

Jcla.73.3.258

View more documents from Chris Ashford.

Ashford, C (2008) ‘Sex Work in Cyberspace: Who Pays the Price?’ 17(1) Information and Communications Technology Law, 3.

Ictl sex work 791490741 content[1]

View more documents from Chris Ashford.

Law and Sexuality: What I Teach/Module Guide

I've had a few requests in the last week for my module guide - essentially what I teach on my Law and Sexuality undergraduate course. I'm not grumbling as I'm always pleased that anyone shows any interest in my modest attempt to explore some aspects of law and sexuality, but I figured the rest of you might be interested in seeing it too. I've uploaded it to my slideshare account and you can view/download it below.

Law326 module guide 2010 11

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Pride, Social Documentary and Jumping the Paywall

The Sunday Times Spectrum section is always enjoyable and this week features three photographs from Elaine Stapleton taken at Manchester Pride earlier this year. The photographs feature gay men dressed as anti-gay protesters and it's a rather wonderful satire. Annoyingly I can't link to the images as Murdoch wants you to pay to access them. The flaw in this is that they are freely available (with more pics, and in full colour) on the Manchester Pride website. You can check them all out here and I've included a couple above.

Suicide, Slow Death and the View From the the Ivory Tower

Thanks to Jeron for flagging this rather interesting piece by Jasbir Puar. Puar is a Prof of Women's and Gender Studies at Rutgers University in the US and this piece was pitched as a keynote lecture delivered at Rutgers. As you might expect from someone of Puar's standing, it makes a number of valid points but it's a little bit too pretentious for my taste.

Puar's racial privilege analysis has been previously stated and remains engaging but she does little to develop it here. Her attempt to offer a perspective on the recent US teen suicides is welcome but I'm not a fan of this overly dense style of writing/speaking and I'm not convinced by her "slow death" argument (or rather its application to the Clementi case) . All of the facts of the Clementi case remain unknown or uncertain - a point Puar neglects to mention. We will never truly know what was going on in Clementi's head (despite the trawl of Internet postings he made prior to his death) and this may have been as much about embarrassment - the social construction of the sexual act - as it was about 'sexuality', the outing of self as a sexual category.

If I were to indulge in this academic conjecture, this is more about public vs private constructions of sexual(ity). For example (and I was talking about this in a class this week), the celebration of the heterosexual pregnancy is to to avoid the sexual. At the heart of pregnancy is the penetrative sexual act - or in IVF cases - a man wanking into a jar. The 'dirty' act of sex is forgotten in place of the 'respectable' status of pregnancy. So too have homosexual legal advances been about forgetting sex - they are about 'rights' for an 'identity' and sex is removed from that discourse.

Thus, the exposure of a sexual act in this 'public' way via a webcam was to reveal the private sexual self (regardless of 'sexuality') and that may have been the trauma, as much as the revelation of a homosexual self. DIY porn in contrast is about producing a performance of self - the moving of a camera, the editing, the knowing look into a camera. It is an illusion of the private. Thus, with regard to Clementi, I think the "slow death" argument advanced by Puar is to get stuck in the wrong groove.

That said, this argument of "slow death" may have wider applicability - and may indeed be an appropriate analysis of other scenarios but we ought to look at each teen suicide as an individual tragedy and try to avoid seeking to homogenise them into one simple academic analysis.

More generally, a number of minor errors bug me in the Puar piece. We have 'Grinder' instead of 'Grindr'. We get FaceBook' instead of 'Facebook'. It feels like an academic aware of technology and what technology is supposed to be doing, but they are experiences being viewed from an ivory tower. When Puar mentions DIY porn, it is like an ancient anthropologist describing the savagery of a distant land. I may of course being horribly unfair - Puar may simply have lousy dictation software.

Check out the full piece here.

Re-teaching Gender and Sexuality

Thanks to Alan for flagging this video up - it's infinitely better than the 'it gets better' campaign that's in swing on both sides of the Atlantic. It recognises the need to fundamentally shift the conversation around gender and sexuality. A really inspirational bunch of peeps! Check it out below:

Reteaching Gender and Sexuality from Sid Jordan on Vimeo.

Law and Sexuality First Podcast/Overview

I've finally started the new 'lawandsexuality.tv'/podcasts that I've previously talked about. You can watch my first intro/overview podcast below. Let me know what you think and what you'd like me to talk about.

A Circle of Support

Last week I found myself in the unusual position of watching the local news. I normally avoid this at all costs, un-inspired as I am by the sight of 75 year old Betty swimming 15 lengths butterfly in the local pool or other such stories which alas, cantankerous young git that I am, I fail to appreciate. However, Look North featured a fascinating piece last week on the charity Circles UK and offered a rather impartial overview of a charity that I suspect doesn't always get a fair hearing.

Circles UK describes itself in the following terms: 'Circles of Support and Accountability are an innovative and successful community contribution to reducing sex offending, working in close partnership with criminal justice agencies.

Circles UK is the national body supporting the development, quality, coordination and effectiveness of local Circles.'

The organisation is a group of Volunteers from a local community which forms a Circle around an offender. In Circles, the sex offender is referred to as the 'Core Member'. Each Circle consists of four to six Volunteers and a Core Member.

It aims to provide a supportive social network that also requires the Core Member to take responsibility (be ‘accountable’) for his/her ongoing risk management. The Circle can also provide support and practical guidance in such things as developing their social skills, finding suitable accommodation or helping the Core Member to find appropriate hobbies and interests.

Volunteers are fully informed of the Core Member's past pattern of offending, and whilst helping them to settle into the community the Volunteers also to assist them to recognise patterns of thought and behaviour that could lead to their re-offending. Within it, the Core Member can grow in self-esteem and develop healthy adult relationships, maximising his or her chances of successfully re-integrating into the community in a safe and fulfilling way.

The Core Member is involved from the beginning, is included in all decision making and, like all other members of the Circle, signs a contract committing him or herself to the Circle and its aims. Each Circle is unique, because it is individually designed around the needs of the Core Member.

Read more about the charity here. If you are interested in being a volunteer, you can do so here, and see info on local projects here.

The group also organised a conference back in October and brilliantly have posted the PowerPoint slides from the presentations here. One set of slides from the NSPCC includes a host of stats that are worth re-stating, and act as a reminder as to why we need charities like Circles UK.

• 60 children are sexually abused daily in England & Wales
• More than 21,000 sex offences against children recorded by Police Forces last year – equivalent to 60 a day
• 1 in 7 victims younger than 10 years
• Girls 6 times more likely to be victims than boys
• Offender was 4 times more likely to know the victim than to be a stranger
• 80% of offences take place in the home of Victim or Perpetrator
• Almost 30,000 on sex offender register
• Average of 58 per 100,000 population
• 70% of perpetrators had between 1 and 9 victims – up to 450 children in some cases
• Average = 3 victims per perpetrator
• Of 224 adult male victims only 26 (12%) went on to abuse in a long term study

Financially supporting, or volunteering for a group like Circles UK carries with it a social stigma - why do you want to volunteer to help a group like them? You must, the flawed reasoning goes, be a paedophile/sex offender if you want to help sex offenders.

In truth, what we do socially and legally with paedophiles is one of the great socio-legal challenges of our time. For those offenders post custody or who are never given a custodial sentence, we need these groups to provide support and limit the chances of re-offending behaviour.

Feminism and Judicial Thinking

Erika Rackley, co-editor of the wonderful Feminist Judgments book published by Hart earlier this year, has written a guest contribution on Durham's relatively new 'Inherently Human' blog. The piece asks: 'What difference would it make if a judge’s feminist values and perspectives were included in their decision-making?' Well worth checking out here.

Blog Award - Hurrah!

Well this is rather jolly - I've won an award. Yes, it's along with many others and no doubt part of a drive to increase traffic to a site but I don't care. I like gongs, trophies and congratulatory slaps on the back. I am an academic and like most academics, I have an ego. As I'm being shameless, now is also a good time to also say how much I appreciate getting free stuff - address at the top on the contacts tab. Books, DVD's, sex toys, all welcome!

So this award - it's part of paralegal.net's list of 'Top Law Professor News Blogs'. I thought it was a scam at first but they are a collection of really great blogs, so check them out [link deleted 24/1/12]. Thanks [link deleted 24/1/12]!

Right, back to being a worthy respectable sort...

8th Annual Lesbian Lives Conference Brighton 11-12 February 2011

Some readers might be interested in this forthcoming event...

The 2011 Lesbian Lives Conference will be hosted by the University of Brighton LGBT and Queer Life Research Hub, in conjunction with the Women’s Studies Centre, University College Dublin.

The theme for the conference is Revolting: Bodies, Politics & Genders

The Lesbian Lives Conference has been organised by the Women’s Studies Centre at University College Dublin for the past seventeen years and in 2011 it celebrates its 18th birthday in Brighton. The conference is a mix of academics, activists, performers, artists and writers and is open to all genders and any political and sexual orientations. There is an ethos of welcome and accessibility.

We now welcome proposals from academics, scholars, students, activists, documentary and film-makers, writers and artists. Click here for the call for papers and contributions.

Most Australians Support 'Gay Marriage'

The Australian Prime Minister, Julia Gilliard is clinging to power by her fingernails - weakened by the recent general election following the decision of the governing Labor Party to overthrow its previous PM (and now Foreign Minister) Kevin Rudd. Among the pressures facing Gillard are increasing calls to legislate for same-sex marriage, seen by Labor party supporters as the sort of issue their party ought to be pursuing. The Sydney Morning Herlad published a poll today showing that most Australians now support the legal recognition of gay marriage by 57 per cent to 37 against.

The paper also goes on to explore the political advantage for Gillard in pursuing this policy. Check out the full story here.

Equal Love, Same-Sex Partnerships and Human Rights Law

Although the individual instances have gained some media profile, the overall strategy still appears unnoticed. The Equal Love campaign - launched last month - will result in eight couples filing applications at their local register offices. Four same-sex couples will apply for civil marriages and four heterosexual couples will apply for civil partnerships. Every week until 14 December, one couple will make an application. If the couples are turned away (as the campaign is expecting and banking on) Equal Love plan to take legal action under the Human Rights Act 1998.

Equal Love has stated that their legal team will argue in the courts that the bans on gay marriages and heterosexual civil partnerships are an unlawful and unjustified discrimination. In a democracy, gay and straight couples should be equal before the law.

It's a thoughtful, clever and strategic campaign. They have their own website which you can view here and see videos/photos of the couples that have already attempted to register for civil partnership/marriages.

Some months ago, I seem to recall a call going out for couple to come forward. Crucially, there was (if my memory serves me rightly) a request that they appear ordinary and 'respectable' - as everyone thus far does.

This quiet, but thoughtful campaign will hopefully begin to bear fruit in the New Year when the relevant parties can commence their legal action. I'm also struck by how much this is a campaign inspired by US legal activism. Rather than seeking to change the law through political activity (although the media element contributes to that), this is a campaign rooted in the court system. It is judges to which they look for reform. Moreover, this is a case designed to get to Strasbourg and I think it may well succeed in getting there. Whether it then achieves the desired result, I'm a little doubtful but you never know and I hope that the campaign does succeed.

Papal Falliability

There's much talk about the 'historic' nature of the Pope's remarks on condoms. Most HIV and sex campaigners seem to be welcoming the Papal acceptance that condoms are not "always wrong". The comments are indeed historic for moving, as Peter Tatchell has noted, beyond church dogma that has appeared immovable. The comments come in the form of a book interview to be published this week. Benedict commented:

'As a matter of fact, you know, people can get condoms when they want them anyway. But this just goes to show that condoms alone do not resolve the question itself. More needs to happen. Meanwhile, the secular realm itself has developed the so-called ABC Theory: Abstinence-Be Faithful-Condom, where the condom is understood only as a last resort, when the other two points fail to work.

This means that the sheer fixation on the condom implies a banalization of sexuality, which, after all, is precisely the dangerous source of the attitude of no longer seeing sexuality as the expression of love, but only a sort of drug that people administer to themselves. This is why the fight against the banalization of sexuality is also a part of the struggle to ensure that sexuality is treated as a positive value and to enable it to have a positive effect on the whole of man's being.

There may be a basis in the case of some individuals, as perhaps when a male prostitute uses a condom, where this can be a first step in the direction of a moralization, a first assumption of responsibility, on the way toward recovering an awareness that not everything is allowed and that one cannot do whatever one wants. But it is not really the way to deal with the evil of HIV infection.'

Historic indeed. Not only does Benedict accept that condoms can be used but he also chooses the example of a male prostitute. His choice of a male sex worker over a female lays open the possibility he may be engaging in a homosexual act as well as recognising that men are sex workers as well as women.

That said, let's not get too carried away. This is a "last resort". There is also an implicit idea in Benedict's comments that condom usage is a persona turning point - a moment when one turns a life around. The choice of a male sex worker is therefore significant for another reason - this is in Benedicts the most wretched of individuals. A homosexual (bad), having sex (v.bad), for money (vv.bad) who has HIV (a consequence of his 'evil' activity) who now stops that activity and begins to set his life on a different track.

Put in terms of orthodox Papal thinking, the comments are therefore entirely logic, and perhaps offer less hope to liberal minded members of the church and church-watchers than might first seem to be the case.

Positive Justice: Ending and Defending Against HIV Criminalization

I blogged earlier this month about the launch of the Positive Justice Project, and it's now launched a really useful guide that offers the first comprehensive analysis of HIV-specific criminal laws and prosecutions in the United States. Read the report here.

Goodbye to 'Harman's Law'

Home Secretary and Minister for Women and Equality, Theresa May popped up on the Today programme this morning to talk about her decision to scrap the so called 'Harman's Law'. May announced in a speech on Wednesday that the ‘socio-economic duty’ on public bodies to enforce equality (introduced in the Equality Act 2010) would be scrapped, saying: “You can’t solve a problem as complex as inequality in one legal clause.”

May also announced that up to 12,000 men will be treated more fairly thanks to the changes relating to convictions for consensual gay sex with over 16s. The Freedom Bill, due to be published by February next year, will change the law so that people can apply to have such convictions deleted from the Police National Computer. A welcome move.

Read the full story on PinkNews here and watch a video of her original speech below:

Confessions Of A Bareback Sauna Slut & Queer Identities

I've been following a blogger for a few years now and although it was possible to work out his identity by looking at several sites, he always kept it 'secret' in terms of his blog which has evolved over time. I've used exerts from his blog in my law and sexuality class to talk about bareback (condomless) sex and the identities that some men take on in terms of defining bareback sex and also the broader concept of 'slutdom'. I've always protected his identity when using these extracts on the basis of his own secrecy and I've never been able to make my mind up about linking directly to his blog due to the ethical questions that could raise - that is until now.

The blogger - Josh - has over the past year been uploading videos of him engaging in bareback sex - he has carefully garnered a heightened online presence with recent moves into Facebook and Twitter as his abreback 'persona'. This latest 'incarnation' follows a break from the blogosphere but Josh is back, desperate to break into bareback porn via Treasure Island Media and talking openly about his desires, and his identity. This week he decided to 'out' himself and his 'real world' identity. Josh describes this move in the following terms:

'This is a huge step, as it means I am fully identifiable... something that I never expected to do given the nature of the blog. And I suspect that I am only one of perhaps a couple of authors of amature [sic] gay blogs, especially bareback ones, who is outing himself publicly in this way... the majority of the mob like to hide behind anonymity.'

In addition to his desire to make porn for TIM and Liam Cole (TIM's UK man - see my brief article on them here), Josh explains his rationale as follows:

'i've been recognisable in my videos and some of my photos for quite some time. Most people who know me on the scene where I live, know I do bareback, and don't judge me for it. Granted there's my parents and work colleagues, but hopefully they'll never be made aware of this blog, as I don't divludge [sic] that sort of information. Secondly, I always strive to keep my blog ahead of the field. I was one of the first amature [sic] bareback bloggers on the scene; my first posting was way back in 2006. I've witnessed the boom in gay bareback bloggers over the last few years, and gone from one of a handful, to one of thousands. I like to think that my blog is well enough established that I can do something like this, and reveal my identity to the world. It keeps my blog different from the crowd.'

He is indeed one of few bareback bloggers to reveal his identity. I've been reading since 2006 and found it a particularly interesting example for its candour - and being UK based (many were US based in the earlier days) it also offered a rare UK perspective on bareback sex as a fetishised behaviour and lifestyle. Josh's identity has also evolved from barebacker slut who visited saunas to a slut par excellence for whom sauna visits are rarely mentioned.

This latest move is really important in creating public 'out and proud' barebackers (Josh says he is repeatedly tested as HIV negative). This is in turn important in the politicisation of this identity, and thus creating a queer force that can challenge the law (both actual and emerging) in the area of bareback sex and HIV transmission. The blog also shows a guy who - shock horrror - looks like a normal guy you might pass in the street. The use of what Josh calls 'normal' pictures is to position Josh at the cross-axis between normative and queer sexual behaviours. We see Josh as the ordinary young guy next door (he may indeed be next door to some of you!) and he's also cast in his blog and videos as the bareback cum-hungry slut.

It is also a rather courageous move - with obvious implications for his life if employers (present and future), or family members stumble across the blog (although that is unlikely and if they are Googling 'Bareback Sauna Slut' there are probably bigger fish to fry). It also means that Josh could be a target for those who are concerned by bareback and/or promiscuous behaviour. He will inevitably put the spot-light on the commercial saunas that he visits as well as the men he encounters.

Nonetheless, I now feel able to link to his blog here. He has clearly had years to reflect on this decision and if he is happy for you to know who he is, it seems you know that this fascinating and engaging blog exists. As you (hopefully) will have realised, it contains explicit sexual images and explicit sexual language. If that's not your cup of tea or you're accessing the site from somewhere where it might breach your own IT regs (i.e many universities!) check it out at an alternative venue.

I'd be really interested in hearing your thoughts on the site. For my students - we'll be taking a look at the blog posts (you won't need to go on the actual blog) in the workshops before winter vacation.

Book Launch: Regulating Sexuality

I sadly can't make this due to other commitments. I have however read the book and thoroughly recommend it - it's also an opportunity to support one of few gay bookstores left! Please see the RSVP details if you're interested.

Davina Cooper and Kate Bedford,

editors of the new Social Justice book series from Routledge,

invite you to the launch of

Regulating Sexuality

by Rosie Harding (University of Keele)

--

6.30pm, Friday 26th November
With talks at 7.00pm by Sasha Roseneil (Birkbeck, University of London)
and Rosie Harding

--

Gay’s The Word bookshop

22 Marchmont Street, London WC1N 1AB

(nearest Tube: Russell Square)

Rosie will be introducing her book with a specially-prepared talk, Resisting Regulation. There will also be a special guest talk by Sasha Roseneil, Remaking Intimate Citizenship. Refreshments will be served.

There are still a few places available at the launch – please RSVP to david.armstrong@tandf.co.uk no later than Monday 22nd November to reserve your place.

Introspective

You might have noticed that if you scroll down the blog, there's now an embedded video on the right hand side before the news feeds from PinkNews, the Pink Paper and the Advocate. The video is the new daily update from the Pink Paper that I previously blogged about here. The Pink Paper kindly gave me the code so I can carry automatically updated clips on the blog - I hope you'll check-in each day for all the latest news via my feeds and now video along with my less regular blogs, and tweets. Huge thanks to Richard from quod.tv for ironing out the initial glitches and getting it all sorted. They do seem be using a variety of presenters (sadly still no BBC Three presenters - see my original post) and I really hope it's a service that continues.

I thought given this development, I'd be a little introspective in this blog post and mention a few of the technical bits and bobs that have developed. As mentioned, you can already get live feeds of the latest news down the right hand side. Don't forget, the search engine on the top right will pull up lots of materials, comment and links to resources. Hopefully, this will be of particular interest to student readers. With the links to a range of global resources, my aim is to be the first-stop for any law and sexuality related research and news.

If you're not already following me on Twitter, why on earth not? There's a link to my @lawandsexuality page on the right hand side. I'm also on Facebook, and let's be honest, I need the friends. So feel free to add me (link also on the right). You can record my occasional oral comments/thoughts/student feedback via Audioboo which is also available by clicking on the Audioboo logo. I'm also introducing a series of podcasts via YouTube. The channel page is already up and I'll be posting an intro video over the weekend. Check that out here.

I spoil you, I really do!

Mapplethorpe's Unsuitable Willies

The second great value piece in the Guardian today is an article by Kathryn Flett on the front page of the Family section. Her piece 'Call me a prude, but...' is a bit middle-class dinner party "oh the the modern nightmare", but is no less brilliant for being so. It seems inspired by the Mapplethorpe exhibition at the Towner gallery in Eastborne. At this point I should declare an interest, I am a Mapplethorpe fan.

Anyway, Flett noticed the presence of kids being dragged around the gallery and for whom Mapplethorpe's various photographs of willies and leather might not be standard viewing fodder. Part of me giggles with delight at the vision of the middle class parent "look Oliver, here's a rather wondrous BDSM-esque depiction". With great humor, Flett bemoans her minority status as a 'square' who wouldn't like her children getting up-close and personal with a Mapplethorpe picture.

I sit from the dizzying moral heights of a childless gay man. For me, Children in art galleries mean an irritating noisy distraction (felt like throttling a kid in London's Tate Britain gallery last week) but I'm also the now middle class academic who thinks if I had kids I would take them to an art gallery and...and...and...off we go to the land of fiction with perfect kids. The reality is a bit more messy, a bit more compromise and muddling through.

Where Flett compromises, other parents seem intent on instilling some form of self-improvement and worldly-wise attitudes. If it means that we have a generation that is a little more comfortable with diverse sexual lifestyles and identities, that's got to be a good thing. However, like Flett, I suspect for many it's probably just a rather dull visit. Children should be encouraged to engage with this art (and all art) as a way of engaging with society but you can do that y showing your child pictures at home, and if they show genuine interest, taking them to a gallery. More often than not, I suspect parents are publicly declaring "look at me, and my superior moral outlook" rather than truly doing something that benefits the child.

The Flett piece is well worth reading in full. Check it out here.

Coming Out at Work

The Guardian offers great value today. First off, a piece on 'coming out' at work. The piece links to, and draws upon some interesting research by Stonewall and also recognises the important challenges that remain for people in 'coming out' in the workplace despite recent advances in legislation and legal protection.

The read the article in full here.

Queer Porn Performer James Darling Responds

Some of my students posted a few questions to porn performer James Darling (who you can see introducing himself in this earlier post (2nd vid)) and James has now replied. It's a really great video and James is such a brilliant guy for taking the time to do this. Thanks James! Check out his response below:

Sexism, Human Rights and Paedophilia

I have to thank Brian for flagging up this story to me. Last week saw an interesting case before the Scottish courts in which a teenager accused of having sex with an under-age girl claimed the law is unfair to heterosexual men, and sought to bring a case case under article 8, read in conjunction with article 14, of the European Convention on Human Rights. He also sought a declaration in terms of section 4 of the Human Rights Act 1998 that section 5(3) of the 1995 Criminal Law (Consolidation) (Scotland) Act is incompatible with the Convention in these respects.

The law does (as the opinion makes clear) seem relatively straight forward in this area but the teen at the centre of this case does raise an interesting question about what he regards as our sexist attitude towards paedophilia. The very words paedophilia or paedophile are avoided in the reports about this case but that is what the law is saying this teen is - as someone 17 or 18 having sex with a girl aged 14. The teens point is that we would be less inclined to prosecute a girl in the same situation. I'm not sure I agree but it's an interesting one to mull over.

The full opinion can be read here.

Bathhouse Blog

I've just discovered this amazing blog - bathhouse blog - packed with news on bathhouses globally. Check it out!

The Gay Porn Market

JRL carries a fascinating piece on the impact of changing consumer habits, technology and the recession on gay porn retailers and the wider porn industry (in a US context). It's well worth a read - check it out here.

Tom Daley: The Response

The Guardian Magazine features just two letters on the Tom Daley article from last week. The two pieces seem to express the two predictable responses of 'disgraceful', and "oo, err" banter. Read them here. The fact there wasn't a more overt outcry is itself fascinating.

Re-read my thoughts on the original piece here.

The HIV Gag

A comment piece on Pink News by Scott Roberts (a Gaydar DJ apparently) seems to be popping up on Twitter and Facebook this morning. Roberts has written an interesting piece on why gay men seem to have stopped fighting AIDS. He argues that gay men need to hold their elected representatives to account on HIV issues and make HIV/AIDS a political issue once again.

I'm afraid I can't join the online consensus of a chorus of people saying "oh yes, quite right". I think Roberts comments are symptomatic of the problem and not a solution. The issue of HIV/AIDS is all too political. There are too many accepted orthodoxies, too little tolerance of alternative views - especially in the gay media - and this censorship, this gagging of diverse voices, serves only to contribute to gay men "switching off" to safe sex messages.

Far from a lack of politics on this issue, safer sex is crowbarred into almost everything. Any Pride event, any sex class, any gay youth group - it's there. Any gay magazine is full of leaflets. Safer sex messages on HIV/AIDS are all around gay men. Websites such as Gaydar include the 'category' asking people if they 'always' practice safer sex and yet there is also the acceptance that many guys just say 'always' because there is an expectation that they should - even though they don't. It denotes what is expected of them, not what they do.

So, if we want people to sit up and listen, we need to hear alternative voices. We need to have a real debate and accept the complexities of this issue. Gay men negotiate safer sex - and the binary category of good/bad that people like Roberts seemingly preach is utterly divorced from many gay men's lives. Let's get real.

Chris Grayling Shock: He is a Bigot (apparently...)

The Stonewall Awards have been announced with much, err well some fanfare. These events are important for fundraising and keeping organisations like Stonewall in the media. It's usually the category 'Bigot of the Year' that understandably gets the most media focus and this year's winner - Chris Grayling, is surely a winner few (anyone?) can question receiving the award. His outspoken remarks earlier in the year about B&B's. The full awards consisted of:

# Hero of the Year (supported by g3) - Gareth Thomas. Cing his first away game for Rugby League, resulting in an RFL fine for Castleford FC.

# Broadcast of the Year – Coronation Street.

# Entertainer of the Year – John Partridge.

# Journalist of the Year (supported by Herbert Smith) – Patrick Strudwick. I

# Politician of the Year (supported by www.hervia.com) – Rt Hon John Bercow MP.

# Publication of the Year (supported by Prudential) – The Times. ‘

# Stonewall Sports Award – Martina Navratilova.

# Writer of the Year – Stella Duffy and Rupert Smith.

# Stonewall Community Group of the Year (supported by Prudential) – MindOut, based in Brighton.

Fry and the Whole Silly Stick

Stephen Fry has returned to link to a blogpost about the recent fuss about his comments I blogged about earlier in the week. Check out his post here. Also look out for 'twatty prune' - I need an excuse to use that description soon.

"Mom, Can I go as Daphne?"

This is the sweetest story I've read in such a long time. A US Mom has blogged in defence of her son's request (and her consent) that her son dressed up as Daphne from Scooby-Doo for Halloween. Her five year old son can be seen on the right of this post. Christian mothers (Chritains celebrating a pagan festival, surely some mistake?) criticised her decision as she recounts in her post:

“And then Mom C approaches,” writes Nerdy Apple Bottom. “She had been in the main room, saw us walk in, and followed us down the hall to let me know her thoughts. And they were that I should never have ‘allowed’ this and thank God it wasn’t next year when he was in Kindergarten since I would have had to put my foot down and ‘forbidden’ it. To which I calmly replied that I would do no such thing and couldn’t imagine what she was talking about. She continued on and on about how mean children could be and how he would be ridiculed.

“My response to that: The only people that seem to have a problem with it is their mothers.”

What a fab Mom. Well done you.

The Advocate reported on the story and the original full blog can be read here.

Same-Sex Marriage Backlash Continues

The liberal minded had little consolation in the US mid-term elections earlier in the week. The defeat of Republican Meg Whitman (who spent around $160 million of her own money on the race) by the veteran Democrat, Jerry Brown in California was a rare positive on a gloomy night for Democrats. In Illinois the electorate further struck out against all things liberal and booted out of office three Iowa Supreme Court Justices who had been part of the unanimous decision to legalize same-sex marriage in the state. Read the full New York Times story here.

When the judiciary becomes politicised, gay rights activists and attorneys can't think (as many do argue in the US) that in the absence of clear pathways to reform in the political process, they can count on the judiciary. The Right are striking back on that front too and those seeking a more open, tolerant and equal society - whatever their political badge - need to wake up and take on this assault on freedom. Gay rights activists may find themselves fighting the clock being turned back rather than promoting further advances. These are worrying times.

Manchester Bound

Wow, it's almost that time of year when my Law and Sexuality students head off to Manchester for their annual field trip. We'll be in the city next Tuesday/Wednesday and I'm so grateful to the Lesbian and Gay Foundation (LGF) for sparing some time to chat to us about their important work such as the excellent Enough is Enough campaign (check out details and their video here).

Councillor Paul Fairweather has also generously agreed to give up some time to talk to us down at the Town hall. Paul is Lead Members Gay Men’s Issues on Manchester City Council and has a long track-record as community activist.

I'll also be leading my usual walkabouts so if you're in the city and see us about, say hello. For students reading this, don't forget that there's lots of material/videos on Manchester - just search 'Manchester' in the search box on the top right hand side.

Activism and Connecting with the Grasssroots

Michael Petrelis, San Francisco based gay and AIDS human rights advocate lays into a US based organisation in his post. You probably won't have heard of the group (especially if you're one of my fellow Brit readers) but it's a reminder of what campaign groups so often get wrong. Read the post here.

Positive Justice Project

One of those stories that I picked up late and then didn't get around to blogging about was the launch of the Positive Justice Project at the end of September. The focus of the POSITIVE JUSTICE PROJECT is the repeal of "HIV criminalization" statutes — laws that create HIV-specific crimes or which increase penalties for persons who are HIV positive and convicted of criminal offenses. A press release for the Project highlights a series of recent US cases:

• A man with HIV in Texas who is now serving 35 years for spitting at a police officer;

• A man with HIV in Iowa, who had an undetectable viral load, was sentenced to 25 years after a one-time sexual encounter during which he used a condom;

• A woman with HIV in Georgia, who was sentenced to eight years imprisonment for failing to disclose her viral status, despite it having been published on the front page of the local newspaper and two witnesses who testified her sexual partner was aware of her HIV positive status;

• And a man with HIV in Michigan who was charged under the state's anti-terrorism statute with possession of a "biological weapon," after an altercation with a neighbor.

In none of the cases cited was HIV transmitted. Actual HIV transmission—or even the intent to infect—is rarely a factor in HIV criminalization cases.

Edwin J Bernard comments on the development on his excellent Criminal HIV Transmission blog. Check it out here.

Trans Lawyer Remembered

Yesterday I posted about Nina Kanagasingham and Jane Fae's criticisms of the judge who was handling the case. The reason Kanagasingham found herself in a court was in connection with the alleged murder of David Burgess. Burgess was himself trans and died after falling under a train (Kanagasingham is alleged to have pushed him). Burgess was also trans and also identified as Sonia - but maintained David as his professional identity. Burgess was an influential asylum lawyer and the Guardian included a lengthy obituary on his life yesterday. It's worth a read.

Strictly Lesbian

I do enjoy Strictly Come Dancing but despite its weekly serving of a large dollop of camp and queerness, the performers all find themselves in a heteronormative narrative of two dancers - one male and one female. It's depressingly out of sync with modern society. I therefore greeted some news from Israel yesterday with a loud "hurray". Dancing with the Stars - the international version of Strictly has a show in Israel and the current series includes out-lesbian Gili Shem Tov, a TV sportscaster, who has been teamed with Dorit Milman, a professional dancer assigned by the show to perform with her.

The BBC - owners of the format - apparently also had to give the Israel show the go-ahead. This presumably sets a precedent that it's OK for the British version too so let's get someone openly gay in this country strutting their stuff with someone of the same gender in the next season. Then we can get to grips with trans dancers too...

You can watch a bit of their dancing and read more here.

Let’s Laugh at the Trans “Guy”

A couple of stories in the news today strike me about the position of the trans community in contemporary British society. Specifically those who identify as MTF. First off, a seemingly innocuous story about Mikki Nicholson, described as ‘a 33-year-old transsexual from Carlisle’. The story then goes on to repeatedly refer to ‘he’ and the Independent (of which you expect better) gives the impression of a journalist laughing through their hands.

So what? Well it contributes to the position those who define themselves as trans have within the psyche of the nation. Our collective consciousness casts our fellow citizens as figures of fun. Transsexual/transvestite/drag are all merged into an entertaining whole.

So when another story comes along such as MTF Nina Kanagasingham being remanded to a male prison, our reaction is one of comedy. The judge Timothy Pontius was told she was in the process of transitioning from male to female and wished to be addressed as Nina. He went on to send her to the male only prison, Wandsworth.

Activist and journalist Jane Fae has swung into action regarding the comments of the judge in the case. Fae has lodged a formal complaint with the City of London Police this morning, and the matter has now been passed to the Office of Judicial Complaints for investigation.

Under the Gender Recognition Act 2004, it is a criminal offence, other than in certain well-defined circumstances, for a public official to disclose information about an individual’s status in applying for a gender recognition certificate.

“It is not clear whether Ms Kanagasingham is covered specifically by that part of the law: but it seems unlikely – given that he had to ask the question he did – whether the Judge actually knew, or cared, whether she was covered.”

Jane continued: “In addition, recent changes to the law under the Equality Act 2010 mean that a transgendered individual gains legal protection against discrimination from the moment that they commence treatment for their condition.

“Irrespective of whether the Judge breached the Gender Recognition Act, it is very likely that he has broken both the spirit and the letter of Equality laws.”

I agree that Fae has a point and the judge could it seems, have handled his interactions in the court-room a little better. However, unlike Fae I also have some sympathy with the judge who is faced with a binary prison system. It’s a penal system that continues (like the Gender Recognition Act itself) to view human beings as being either male or female. As far as the law is concerned, you must fall into one box or the other and the judge could not have sent Kanagasinghamto a women’s prison. The case reminds us of the flaws in our gender divide and the complex challenges for our penal system in ow it segregates its inmates.

Oral Sex as Activism

Treasure Island Media have launched another media campaign drawing on an existing t-shirt slogan and film series – ‘suck Dick, Save the World’. The company is inviting people to put themselves forward as part of Paul Morris' dick sucking army. It’s easy to dismiss this as an attempt to continue to give the brand a high profile. Sure, it does that.

Yet, it’s a mistake to regard this as only that. Morris is quoted in the ad as saying: “IT’ S ONE OF MY BASIC BELIEFS: IF YOU SUCK DICK YOU’LL BE DOING
YOUR PART TO SAVE THE WORLD-MAKING IT A BETTER AND HAPPIER
PLACE. SUCKING COCK IS SEXUAL. BUT LIKE ALL SEX IT’S NOT JUST SEX.
IT’S ALSO SPIRITUAL AND POLITICAL.”

Morris truly belies this and it’s really not that far from the slogans of the 60s – ‘Make Love Not War’ and so on. I continue to find it fascinating that a porn company is seeking to raise sex beyond smut whilst preserving the sleaze. Quite what form this army will take is unclear but this will be interesting to watch.

Read the full ad here (some might regard it as NSFW)

Coming Soon: LawandSexuality.tv

Well of sorts. I’m going to record and post a YouTube video in the next few days and depending on how it goes down I’ll be supplementing blogposts, tweets and the occasional audioboo with what I’m loosely considering ‘LawandSexuality.tv’. Thoughts/feedback always welcome.

pinksixty: Queer News in 60 Seconds

The Pink Paper, together with QUOD.tv have launched a new daily 60 seconds news bulletin on gay issues which is apparently go out daily (last night being their first effort). The first episode is fronted by 'Tris' who looks like (and thus I'm assuming is) Tris Reid-Smith, editor of Gay Times and Pink Paper who is in danger of being a Millivres Prowler one-man show. It's sort of a less camp version of the BBC Three 60 seconds news bulletins but focused on gay stories. I like it but they need to poach some BBC Three presenters. Check it out below:

DADT in Further Set-Back as America Goes to Polls

The San Francisco Chronicle might be focused upon the Giants winning the World Series (remind me - who else in the world takes part?), but other media outlets are reporting the decision by U.S. 9th Circuit Court of Appeals in San Francisco decided to set aside an injunction issued by a federal judge, who told the Pentagon it must immediately suspend enforcement of the 1993 law that calls for discharging openly gay men and women.

This is undoubtedly a set-back for hopes to repeal DADT and comes at an unhelpful moment for the Obama presidency. Americans go to the polls today and the left will undoubtedly put pressure on Obama to make some sort of clear pronouncement today that he wants DADT gone whilst his advisers will be desperate to avoid any such statement (my guess is he won't say anything).

Assuming all the polls are just a little bit right, Obama and the Democrats are in for a thrashing in the elections. For gay rights, this means the focus will increasingly be upon the courts which I know has long been the argument of many gay rights lawyers anyway.

Read the LA Times take on the DADT decision here.

BO! Body Odour and Gender Identity

When I was in my early teens I was 'confirmed' into the Church of England (I know, who'd have thought it now?) and sat through a sermon from the then Bishop of Burnley talking about "BO", he then explained (or rather, boomed) the words: "Body Odour!". He then went on to explain that God was like Body Odour. I didn't get it and found it quite hard not to explain to him after that whilst I agreed Lynx could indeed be regarded as the ubiquitous devil, there are alternative brands.

This random anecdote comes to mind this morning as I sit in bed working through the paper, preparing to embark on a day of work. The Guardian has a story today by Kira Cochrane in which she talks about the rise in the number of people now showering and ditching deodorants, what Cochrane calls 'extreme soap-dodging'. A poll has apparently found that 41% of men and 33% of women don't shower every day with 12% having a 'proper wash' (whatever that is) once a week. It goes on to talk of our comparatively recent fetishisation of cleanliness.

BO is a key element of our sexual and gender understanding. We talk of 'manly' smells (less so 'female' except in the artificial perfumed sense) and we can be attracted to particular smells. There is an intrinsic sexual element to smell.

I found the gender divide stats interesting and I do suspect that there is more freedom than men. Not shaving for men is an acceptable option (if a little cliched) whilst a woman arriving at work with unshaven/waxed legs would be regarded as having seriously let herself go. It will be interesting to see how this non-washing rebellion develops and what it means for defined gender identities.

The piece isn't currently available on the Guardian website but I'll post a link if it becomes available.

The Lawyer Diversity Report

The Lawyer has just published its 2010 Diversity Report which can be downloaded here. The report suggests that although the 'elite' firms are making an effort, there is still discrimination. Interesting coverage of gender and sexuality. On a personal level, it was good to see my old firm (Irwin Mitchell - I was responsible for legal training there many moons ago) now apparently has an LGBT network.

Lip Service Finale Party

Lebilicious reports that the BBC Three Drama Lip Service will be having a finale party in Glasgow with 'the Cop' (which is kinda cool, shame no Tess who is my fave) on 16 November.

Heather Peace isn't just an actress, she'll also be revealing her musical skills in a short acoustic set, followed by a DJ set of Grrrly classics by Pretty Ugly DJs – the Guardian Guide’s pick as Glasgow’s best club night.

Tickets are free but you have to obtain them in advance from www.greatlezbritain.co.uk

Stephen Fry

Oh deary dear. My Attitude subscription lapsed this month and because I didn't realise it was about to expire I didn't get this months Attitude magazine. As is the way of these things, that issue (already sold-out online) will surely now be sold-out in stores as it is the source of an almighty row and the wonderful Stephen Fry has gone and vanished from Twitter leaving fellow twitter geeks (myself included, follow me @lawandsexuality) worried as to whether he will ever return. His Twitter feed which can be viewed here, was last updated yesterday with 'Bye bye'. An hour earlier Fry had tweeted: 'So some fucking paper misquotes a humorous interview I gave, which itself misquoted me and now I'm the Antichrist. I give up'.

I'm tempted to point out that Fry can use the word fucking in his tweet feed and still be a hero of the nation, someone for children and middle-class men alike to aspire to be. If I used the word I'd probably get dirty looks off the Dean. Such is life. I say tempted to, I think I just did tell you. Sorry - cantankerous ranting is just another facet of my personality so it seems fitting to reflect it in my blog.

Anyway, back to this Fry strop. As a fellow stropper, it seems to me to be a rational reaction to a miss-quote that then led to some groups turning their fire on him. Poor Stephen. The Observer - apparently the must read for feminists sipping their soya milk fueled drinks on a Sunday morning (I'm being ironic, easy tiger!) took some umbrage to Fry's 'humorous' remarks that women don't like having sex - that it is the price for a relationship. The Observer wrote:

'"For good reason," he declares in a candid interview in the November issue of Attitude magazine. "If women liked sex as much as men, there would be straight cruising areas in the way there are gay cruising areas. Women would go and hang around in churchyards thinking: 'God, I've got to get my fucking rocks off', or they'd go to Hampstead Heath and meet strangers to shag behind a bush. It doesn't happen. Why? Because the only women you can have sex with like that wish to be paid for it."

To make matters worse, they then get a quote who runs off with the cottaging angle and then displays her utter ignorance of the topic whilst attacking the ignorance of Fry. It's a media frenzy driven by an odd mixture of shock, outrage, ignorance and practised by those with an apparent humour-bypass. Boycott was quoted as saying that Fry's comments were: "kind of rubbish. Women are just as capable as men are of enjoying sex. We don't go cruising or cottaging on Hampstead Heath because we don't need to. Cottaging on Hampstead Heath is presumably a hangover from the days when, sadly, [homosexuality] was illegal… Women have other ways to get our thrills, and we can go and get them in bars or clubs. Having said which, we probably also do it in parks sometimes too. It's just that we don't call it cottaging. I'm sure I've done it in parks in my time."

Pink News covered the row and included a response from the Observer following Fry's tweeted complaints at the story which seemed to portray him as the 'anti-christ', commenting that:

'We have faithfully and fairly reproduced Stephen Fry’s quotes in his interview with Attitude magazine. It fully and accurately reflects the opinions he expressed. He has no grounds for complaint against this newspaper.”'

For any feminists still reading, I agree with Fry that for some women this is probably the case; however I'm pretty confident (I'm a single gay man so I'm getting out of my depth at this point...) that many women love love love sex. Fry's comments were in that sense absurd but I do think the media need to develop a sense of humour. Read the Observer piece here, and make up your own mind. For what it's worth, I think we all need to find our sense of humour and get a grip. Ooo errr.

Contraceptive Pill Controversy

Girls aged 13 and above will be able to obtain a months supply of the morning-after pill without seeing a doctor or informing their parents, according to the BBC. The trial in the Isle of Wight aims to tackle high teenage pregnancy rates but the proposals are likely to result in the usual cries of concern from some. This concern - although cloaked in a range of arguments, is essentially about children having sex.

This sort of measure is inevitably admitting defeat - it accepts that a legal, moral and social framework that seeks to define 16 as the point when people can consent (and thus engage in) sexual behaviour has failed. The age of consent is thus apparently irrelevant. Yet it isn't. Although these measures are an attempt to recognise the sexual lives 'in reality', the legal framework continues to be enforced if someone aged say 17 was having sex with someone aged 14. We accept that a 14 year old can consent to sex, to the implications of sex, to managing their own birth control and presumably sex with someone else underage.

This story is about much more than popping a pill. It tells us about our contemporary sexual morality and how we define adult identity in contemporary society. It will be interesting to see how the experiment works out.

Women's Role Models

Interesting story floating about the media today concerning the role models that women apparently look to. Apparently, a survey points to Margaret Thatcher being the lead figure (and Kate Moss at the bottom of the pile). Check out the story - and a quote from the ever fab Bev Skeggs. The Guardian also carries a longer piece in today's G2 section which you can read here.

Sunderland Job Reminder

Just a reminder about the Post-Graduate Teaching Assistant in Law position (couple of weeks left). I posted details in an earlier blog-post with links to the role profile etc. Check it out here.