Unmarried sex is a crime in Abu Dhabi

The Telegraph has the story:
Expat couple arrested in Abu Dhabi for sex outside of marriage

"An expatriate couple have been detained in Abu Dhabi for almost six weeks after being arrested for having sex outside of marriage.

South African Emlyn Culverwell, 29, took his 27-year-old Ukrainian fiancée, Iryna Nohai, to a medical centre in the UAE city after she developed stomach cramps.

The doctor said she was pregnant and informed authorities after they could not provide marriage certificates. They were first brought to Yas Police Station, before being moved to Al Wathba Prison."   

Fifty shades of stigma: repugnance for legal but kinky sex

As a wider variety of sexual behavior becomes free of legal restrictions, some are still misunderstood or regarded as repugnant by much of the population, including medical professionals, even as they are featured (gently) in popular books and movies like “Fifty Shades of Gray.”

The Journal of Sexual Medicine explores the extent to which practitioners of kinky sex may feel that they cannot be frank with their physicians:

"Fifty Shades of Stigma: Exploring the Health Care Experiences of Kink-Oriented Patients"
Jessica F. Waldura, MD, Ishika Arora, BS, Anna M. Randall, DHS, John Paul Farala, MD, Richard A. Sprott, PhD

Abstract: "The term kink describes sexual behaviors and identities encompassing bondage, discipline, domination and submission, and sadism and masochism (collectively known as BDSM) and sexual fetishism. Individuals who engage in kink could be at risk for health complications because of their sexual behaviors, and they could be vulnerable to stigma in the health care setting. However, although previous research has addressed experiences in mental health care, very little research has detailed the medical care experiences of kink-oriented patients."

Results: "...The study found that kink-oriented patients have genuine health care needs relating to their kink behaviors and social context. Most patients would prefer to be out to their health care providers so they can receive individualized care. However, fewer than half were out to their current provider, with anticipated stigma being the most common reason for avoiding disclosure. Patients are often concerned that clinicians will confuse their behaviors with intimate partner violence and they emphasized the consensual nature of their kink interactions."

Turing's law: UK posthumously pardons thousands of gay men

On Christmas Eve in 2013 Alan Turing received a posthumous pardon from the crime of being homosexual in Britain in the 1950's.  Tuesday, thousands of other men received similar posthumous pardons.

The Guardian has the story:
UK issues posthumous pardons for thousands of gay men
Justice minister hails ‘momentous day’ as so-called Turing’s law receives royal assent, but critics say move does not go far enough

"Tuesday 31 January 2017
Thousands of men convicted of offences that once criminalised homosexuality but are no longer on the statute book have been posthumously pardoned under a new law.

"A clause in the policing and crime bill, which received royal assent on Tuesday, extends to those who are dead the existing process of purging past criminal records.

"The general pardon is modelled on the 2013 royal pardon granted by the Queen to Alan Turing, the mathematician who broke the German Enigma codes during the second world war. He killed himself in 1954, at the age of 41, after his conviction for gross indecency.

"Welcoming the legislation, the justice minister Sam Gyimah said: “This is a truly momentous day. We can never undo the hurt caused, but we have apologised and taken action to right these wrongs. I am immensely proud that ‘Turing’s law’ has become a reality under this government.”

"There is already a procedure in place for the living to apply to the Home Office to have their past convictions, relating to same-sex relationships, expunged from their criminal records.

"Under what is known as the disregard process, anyone previously found guilty of past sexual offences that are no longer criminal matters can ask to have them removed.

"A disregard can be granted only if the past offence was a consensual relationship and both men were over 16. The conduct must also not constitute what remains an offence of sexual activity in a public lavatory.
...
"Rewriting history will not be easy. The complexity of the evidence, for example, that led to Oscar Wilde’s conviction in 1895 for gross indecency – including evidence of procuring male prostitutes – would make it difficult to assess.

"The gay rights organisation Stonewall has suggested the playwright and author, who was sentenced to two years hard labour in Reading jail, should be entitled to a pardon.

"The Ministry of Justice said there would be no historical limit in relation to past offences. It declined, however, to say whether Wilde would be among those deemed posthumously pardoned."

Bestiality: legal in some states and illegal in others

Here's a repugnance story from the Guardian:
'A great victory for animals': bestiality may finally be outlawed in Ohio
A bill banning sexual abuse of animals passed the state legislature as a result of a campaign by an animal welfare charity is aiming to prohibit bestiality nationwide

"Ohio has moved one step closer to outlawing bestiality after a bill banning sexual abuse of animals passed the state legislature.
...
"The bill is the result of a lengthy campaign by the Humane Society of the United States, an animal welfare charity which is aiming to ban bestiality nationwide.

“The passage of animal sexual abuse legislation is a great victory for the animals of Ohio,” said Leighann Lassiter, animal cruelty policy director at the Humane Society.

"Lassiter and the bill’s sponsors, Ohio senators Jim Hughes and Jay Hottinger, have stated that animal abuse can often be a precursor to the abuse of children.
...
"The bill prohibits a person from “sexual conduct” with an animal, but also targets what Lassiter described as “organized sex rings”.

“There are people out there who train animals for sex,” she said. “You can give them your dog and they will train your dog to have sex with a human and send it back to you. And they get paid for it.
...
"States where bestiality is illegal do have animal cruelty laws, Lassiter said, but these are often inadequate when it comes to people sexually abusing animals. A person sexually abusing an animal might only be prosecuted if the animal is injured, while livestock or wild animals may be exempt from existing law.
...
"Lassiter said some states are lacking specific bestiality laws because animal sex abuse was covered under historic laws that also banned gay sex. In some cases when those laws were repealed bestiality was not reintroduced as an offense.

"Bestiality is currently legal in Vermont, Texas, West Virginia, Kentucky, Nevada, Hawaii, Wyoming, New Mexico and Ohio, and in Washington DC."
***************

Backpage closes it's marketplace for sex

Yesterday I posted about the legal battle brewing over whether Backpage.com is in violation of the laws against pimping and prostitution, and today comes the news that it is shutting down those ads. Here's the Washington Post story:
Backpage.com shuts down adult services ads after relentless pressure from authorities

"Fighting accusations from members of Congress that it facilitated child sex trafficking, the classified advertising site Backpage.com abruptly closed its adult advertising section in the United States on Monday, saying years of government pressure left it no choice but to shutter its most popular and lucrative feature.

"The decision came shortly after a Senate panel released a report alleging Backpage concealed criminal activity by removing words from ads that would have exposed child sex trafficking and prostitution. The Senate Permanent Subcommittee on Investigations is scheduled to hold a hearing on the report Tuesday morning. Backpage’s founders and executives will appear in the hearing but do not plan to testify, according to their attorneys.

...

"The federal Communications Decency Act provides immunity to website operators that publish third-party content online, but multiple lawsuits have argued that the 1996 law does not protect Backpage because the site contributes to illegal activity — claims Backpage has vigorously denied.

"The Senate subcommittee raised similar concerns Monday. Its report alleged that Backpage knowingly hid child sex trafficking and prostitution by deleting incriminating terms from its ads before publication. The report found that the company used a feature that automatically scrubbed words such as “teenage,” “rape” and “young” from some ads, while manually removing terms from others."

Classified ads as a marketplace for sex

Here's a story about a classified ad sex site whose publishers were recently arrested, in a case that pits freedom of the press against accusations of making a market for illegal prostitution, and very illegal trafficking in children. The case may extend the criminal definition of illegal pimping to the owners of a newspaper that no one seems to dispute is used to advertise prostitution, among consenting adults and possibly also by nonconsenting adults and children.

Digital Pimps or Fearless Publishers?
The owners of Village Voice Media gamed the online classified business with Backpage.com and made millions. But when it became a breeding ground for child rape, the publishers became something else: defendants.  by Kate Knibbs

"Backpage is the most prominent online destination for on-demand paid sex in the United States, and according to the arrest warrant for Ferrer and others, it made nearly 99 percent of its over $50 million revenue in California from January 2013 to March 2015 from charging for erotic classified ads. It is, in essence, an escort advertising network nestled in a Craigslist knockoff.
...
"“Backpage and its executives purposefully and unlawfully designed Backpage to be the world’s top online brothel,” California Attorney General Kamala Harris said in a statement in October. Her office had brought the charges against the men in the middle of what would turn out to be her successful campaign for U.S. Senate.

"Backpage general counsel Liz McDougall called the arrests an “election year stunt.”

"Whether or not it was designed to be a brothel, and whether its owners are neutral web hosts attacked for political gain or nefarious pimps adept at skating the law, is what the court must decide.

...

"The executives at the National Center for Missing and Exploited Children (NCMEC) were also gratified.

The nonprofit views Backpage as so tightly tied to the sale of children for rape that the website is now the first place it searches for children reported missing. In a 2016 amicus brief, the organization outlined the ways in which it believes that Backpage has been deliberately optimized to keep the child trafficking industry going, including having relaxed posting rules for escort ads while requiring other sellers to provide valid telephone numbers. It also describes a case in which one child was “sold for sex more than 50 times on backpage.com beginning when she was 12 years old.” The organization has worked on more than 420 cases in which children were trafficked through Backpage.

“I don’t know that anyone really believes that there’s a way, with a website offering those services, to completely eliminate [the sex trade],” Staca Shehan, the executive director of the NCMEC’s Case Analysis Division, told me. “But there’s a lot to be done to reduce the likelihood, to reduce this website as a target to buy and sell children for sex.”

The relationship between Backpage and NCMEC was originally cooperative, but Shehan says it soured in 2013, when the center decided the site’s crackdown attempts were theater. She said that Backpage would voluntarily report that it took down one advertisement for a minor, but that her researchers would discover the same image of the child in many other posts that remained online and untouched. This infuriates Shehan. “Why would you report one, and not all the other ones that your website is hosting? Why wouldn’t you remove that ad if you suspect that a child is being sold for sex and block the individual user?” she said.

In March, the Senate voted unanimously to hold Ferrer in contempt for failing to comply with a subpoena for a separate investigation into Backpage’s activities — the first contempt authorization in more than 20 years. This investigation paints Backpage as a deliberately sinister operation, claiming that the company edits advertisements to make them look less like sex trafficking. “Our investigation showed that Backpage ‘edits’ advertisements before posting them, by removing certain words, phrases, or images. For instance, they might remove a word or image that makes clear that sexual services are being offered for money. And then they would post this ‘sanitized’ version of the ad,” Senator Rob Portman said in a statement. “In other words, Backpage’s editing procedures, far from being an effective anti-trafficking measure, only served to sanitize the ads of illegal content to an outside viewer.”

While lawmakers like Portman see Backpage as a demonic helpmate for rapists and abusive pimps, the website has a reputation as a valuable safety tool within some sex worker communities.

Consenting, adult sex workers often praise Backpage for helping minimize the risks of their job. Sex worker advocacy groups have condemned the prosecution of Ferrer, Lacey, and Larkin. In San Francisco, sex workers and supporters gathered to protest the Backpage arrests. “This culmination of a three-year investigation by the California government is a shocking waste of resources for a political stunt that leaves sex workers and trafficking victims stigmatized, isolated, and more vulnerable to violence,” the Urban Justice Center’s Sex Workers Project said in a statement condemning Ferrer’s arrest.

The phantoms of other shuttered and beleaguered sex ad sites worry sex workers who view digital classifieds as instrumental to their safety. RedBook, a long-running Bay Area hub for sex work ads, was shut down after an investigation by the IRS and FBI in 2014. “Authorities say the San Francisco–based website, which primarily served California and Nevada, facilitated prostitution and had to fall. Sex workers say the site provided a meager safeguard against predators, pimps, and cops,” the Sacramento News & Review wrote. “When it disappeared, the most at-risk workers — those of limited means and greatest need — were displaced to the streets.”

...

"While lurid and sad, the arrest report for Ferrer, Lacey, and Larkin has another striking feature: None of the incidents recounted involved the men arranging for or paying for sex, nor did they involve the participation of the men authorities describe as “pimps.” There is no mention of “pimping” in the traditional sense, the act of controlling sex workers, or arranging meet-ups, or taking a cut of their income. The men were arrested as pimps simply by dint of owning and operating a website where other people pimped, even though Backpage’s disclaimer instructs users to report underage trafficking and illegal activity.

The arrest warrant describes how a California Department of Justice agent personally called Ferrer to alert him of an illegal ad. Upending expectations, the warrant notes that the CEO promised to promptly remove this ad — and then kept his word and promptly removed it. So it isn’t that the website lacks moderation; the allegation is that Backpage’s moderation isn’t sufficient enough, and that insufficiency is tantamount to the act of pimping.

It is an unusual stretch of the definition of a very old crime. By arresting Backpage’s current and former executives, Harris was sending a message: If the definition of pimping hadn’t yet changed, she was trying to change it."

HT: Scott Cunningham

The Economist explores adultery

Hyphens are important, and the subject of this Economist essay is extra-marital sex, as opposed to extra marital sex.

WHAT’S WRONG WITH INFIDELITY?
Americans are increasingly intolerant of adultery, but Esther Perel believes they should take a more European attitude.

"Attitudes towards sex and sexual morality have changed dramatically in the past few decades, with ever fewer Westerners clucking over such things as premarital sex or love between two men or two women, but infidelity is still seen as a nuclear no-go zone in relationships. In fact, studies show that even as we have become more permissive about most things involving either sex or marriage – ever ready to accept couples who marry late, divorce early, forgo children or choose not to marry at all – we have grown only more censorious of philanderers. In a survey of public attitudes in 40 countries from the Pew Research Centre, an American think-tank, infidelity was the issue that earned the most opprobrium around the world. A general survey of public views in America, conducted by the University of Chicago since 1972, has found that Americans are more likely to say extramarital sex is always wrong now than they were throughout the 1970s, 1980s and 1990s. Younger generations can usually be relied upon to push sexual morality in a more permissive direction, but infidelity is the one area where the young and old seem to agree. In this broadly tolerant age, when so many of us have come around to accepting love in all different shapes and sizes, adultery is the one indulgence that remains out of bounds."
****************

Here's the NORC* report, whose first figure shows that Extra-marital sex wins the race for something that is "always wrong" in public opinion, with 80% of the surveyed Americans agreeing (contrast that with 20% for sex before marriage).
Trends in Public Attitudes about Sexual Morality, APRIL 2013

*NORC at the University of Chicago = National Opinion Research Center.

****************
To get technical, I like to think of transactions as repugnant if some people want to engage in them and others don't want them to  even though the others can’t detect that the transaction has taken place unless someone tells them. So secret adultery seems to fall into that category (if you confine your attention to adulterers who engage in safe sex and are discreet, not overcome by guilt, etc.).  

And it appears that the repugnance of adultery is in a long cycle of a sort: it's on the short list of Ten Commandments ("don't commit adultery" comes right after "don't commit murder"), it appears to have become less repugnant in Europe and perhaps at times in the U.S., but its repugnance level in the US remains high, and apparently is rising.  And of course adultery carries the risk of discovery (not least because it may be the cause of guilt, and guilty secrets), and in places where it is repugnant it therefore remains a potential home-wrecker.  

Maybe the repugnance of adultery is related to the importance of contracts--if most people believe marriage comes with a promise of fidelity, then adultery is a violation of at least an implicit promise. Or maybe it has to do with the fact that a good marriage is a repeated game based on trust, and that even a well kept secret violation of trust takes a toll on the secret-keeper (if only through Mark Twain's adage "tell the truth, then you don't have to remember anything") and hence on the marriage...

Repugnance is important--economists need to understand it better. (It's not just laws against buying kidneys for transplant...)
*************

More on adultery, and its sometimes special place in law: Adultery, Law, and the State: A History.
NOVEMBER, 1986, 38 Hastings L.J. 195 by Jeremy D. Weinstein

Cocks Not Glocks at the University of Texas: Repugnant and protected transactions

The law allowing students to bring their guns to campus (if they are licensed and at least 21 years old) has now gone into effect, and has been greeted by protesters carrying dildos, which as it happens are banned on campus as obscene. The Chronicle of Higher Ed has the story (actually two):

A Provocative Protest Pits Pro- and Anti-Gun Activists

"Students rallying behind the "Cocks Not Glocks" theme distributed nearly 5,000 donated sex toys, which they encouraged students to brandish during a raucous daylong protest on Wednesday.
"By calling attention to the idea that displaying a sex toy could violate university rules, but carrying a gun into a classroom might not, "we wanted to fight absurdity with absurdity," said Ana López, a sophomore who opposes a state law expanding gun rights on campus."


Meet the Sex Shops in Austin, Tex., That Put the Cocks in ‘Cocks Not Glocks’

"Until 2008 it was illegal in Texas to sell or promote sex objects such as dildos and fake vaginas. The store’s legal problems and Texas’ law, Ms. Raridon said, attracted a film crew to document Forbidden Fruit’s story, eventually producing Dildo Diaries.

"In Texas, guns were legal but dildos were not," she said.

A similar scenario is playing out this year at the University of Texas at Austin, where, because of the state’s new campus-carry law, university rules allow students with permits to carry concealed guns, but prohibit the display of dildos, sex toys that resemble penises.

In protest, on Wednesday afternoon, the first day of classes, many Austin students strapped dildos to their backpacks. Their aim? To "fight absurdity with absurdity." The protest was dubbed "Cocks Not Glocks," after a popular brand of handgun.

Ever since the state ban on sex objects was overturned, Forbidden Fruit has made its mission not just the sale of sex toys but the destigmatization of sex and sexuality, Ms. Raridon said."

Exorcism: "Mistress dispellers" in China

The NY Times has the story: China’s Cheating Husbands Fuel an Industry of ‘Mistress Dispellers’

"Mistress-dispelling services, increasingly common in China’s larger cities, specialize in ending affairs between married men and their extramarital lovers.

"Typically hired by a scorned wife, they coach women on how to save their marriages, while inducing the mistress to disappear. For a fee that can start in the tens of thousands of dollars, they will subtly infiltrate the mistress’s life, winning her friendship and trust in an attempt to break up the affair. The services have emerged as China’s economy has opened up in recent decades, and as extramarital affairs grew more common.
...
"Mistress dispelling typically begins with research on the targeted woman, said Shu Xin, Weiqing’s director. An investigation team — often including a psychotherapist and, to keep on the safe side, a lawyer — analyzes her family, friends, education and job before sending in an employee that Weiqing calls a counselor.

“Once we figure out what type of mistress she is — in it for money, love or sex — we draw up a plan,” Mr. Shu said.

"The counselor might move into the mistress’s apartment building or start working out at her gym, getting to know her, becoming her confidante and eventually turning her feelings against her partner. Sometimes, the counselor finds her a new lover, a job opening in another city or otherwise convinces her to leave the married man. Weiqing and other agencies said its counselors were prohibited from becoming intimately involved with the mistress or from using or threatening violence.
...
"The companies say it typically takes about three months to dispel a mistress. Yu Feng, director of the Chongqing Jialijiawai Marriage and Family Service Center, said his team has dispelled 260 mistresses in the last two years."

An unusual kind of sex worker in Malawi

Here's a story (and video) and then a followup story from the BBC that reports a surprising twist in sex for hire: The man employed to have sex with teenage girls
"In some remote regions of Malawi, it's traditional for parents to employ a man to have sex with their daughter when she reaches puberty."

And here:
"In some remote southern regions of Malawi, it's traditional for girls to be made to have sex with a paid sex worker known as a "hyena" once they reach puberty. The act is not seen by village elders as rape, but as a form of ritual "cleansing". However, as Ed Butler reports, it has the potential to be the opposite of cleansing - a way of spreading disease.
...
"Aniva is by all accounts the pre-eminent "hyena" in this village. It's a traditional title given to a man hired by communities in several remote parts of southern Malawi to provide what's called sexual "cleansing". If a man dies, for example, his wife is required by tradition to sleep with Aniva before she can bury him. If a woman has an abortion, again sexual cleansing is required.
And most shockingly, here in Nsanje, teenage girls, after their first menstruation, are made to have sex over a three-day period, to mark their passage from childhood to womanhood. If the girls refuse, it's believed, disease or some fatal misfortune could befall their families or the village as a whole.
"Most of those I have slept with are girls, school-going girls," Aniva tells me."
...
"All of those involved in these rituals are aware that these customs are condemned by outsiders - not just by the church, but by NGOs and the government as well, which has launched a campaign against so-called "harmful cultural practices".
"We are not going to condemn these people," says Dr May Shaba, permanent secretary of the Ministry of Gender and Welfare. "But we are going to give them information that they need to change their rituals."

And here is the followup story, yesterday:
Malawian 'hyena man' arrested for having sex with children

"An HIV-positive Malawian man, who says he is paid to have sex with children as part of initiation rites, has been arrested on the president's orders.
Eric Aniva, a sex worker known in Malawi as a "hyena", was the subject of a BBC feature last week.
He told the BBC that he did not mention his HIV status to those who hire him.
President Peter Mutharika said the police should investigate and charge him over the cases of defilement he had seemingly confessed to.
...
""While we must promote positive cultural values and positive socialisation of our children, the president says harmful cultural and traditional practices cannot be accepted in this country," presidential spokesman Mgeme Kalilani said in a statement
Mr Aniva would "further be investigated for exposing the young girls to contracting HIV and further be charged accordingly", he said.
The president had also ordered all men and parents involved to be investigated, Mr Kalilani said.
"All people involved in this malpractice should be held accountable for subjecting their children and women to this despicable evil," the statement said.
"These horrific practices although done by a few also tarnish the image of the whole nation of Malawi internationally and bring shame to us all."
Last year Malawi banned child marriage, raising the legal age of marriage from 15 to 18 - something activists hoped would put an end to early sexual initiations."

Wife swapping: it's hard to make binding contracts for repugnant transactions

Yannai Gonczarowski writes:

"A week ago, the following question was asked on a popular Israeli web forum that discusses legal questions: The author says that he and his wife agreed with their neighbor and his wife that they will exchange partners for a day: the neighbor will be with the author's wife for one day, and after the neighbor's wife returns from her current trip abroad, she will be with the author for a day. As you can already imagine, the author writes that the first part happened, but when the neighbor's wife returned from abroad, the neighbor and his wife denied any such agreement and ignored the author's messages. The author says that he has text messages on his phone to prove the agreement and that he spent a considerable amount of money on beverages for the intended day with the neighbor's wife, and asks the readers of the web forum whether he has a cause for legal action against the neighbor and his wife for violating the agreement.

A link to the question on the web forum (the actual Hebrew text is somewhat more colorful/offensive): http://www.lawforums.co.il/SingleMessage.aspx?MessageID=1186029

Indeed, in repugnant markets (at least ones in which an altruist donor beginning a "chain" is unlikely...) simultaneity is key."

Should prostitution remain illegal in the U.S?

The NY Times is on the case:

Should Prostitution Be a Crime?

A growing movement of sex workers and activists is making the decriminalization of sex work a feminist issue.

By EMILY BAZELONMAY 5, 2016

"Three months earlier, at a meeting attended by about 500 delegates from 80 countries, Amnesty voted to adopt a proposal in favor of the “full decriminalization of consensual sex work,” sparking a storm of controversy. Members of the human rights group in Norway and Sweden resigned en masse, saying the organization’s goal should be to end demand for prostitution, not condone it. Around the world, on social media and in the press, opponents blasted Amnesty.
...
"In the United States and around the globe, many sex workers (the term activists prefer to “prostitute”) are trying to change how they are perceived and policed. They are fighting the legal status quo, social mores and also mainstream feminism, which has typically focused on saving women from the sex trade rather than supporting sex workers who demand greater rights. But in the last decade, sex-worker activists have gained new allies. If Amnesty’s international board approves a final policy in favor of decriminalization in the next month, it will join forces with public-health organizations that have successfully worked for years with groups of sex workers to halt the spread of H.I.V. and AIDS, especially in developing countries. “The urgency of the H.I.V. epidemic really exploded a lot of taboos,” says Catherine Murphy, an Amnesty policy adviser.
...
"At the Amnesty conference, Muñoz told the crowd that she thinks decriminalization would have benefits for many people by bringing the sex trade out from underground. “I believe in the empowered sex worker,” she said. “I was one. But the empowered sex worker isn’t representative of the majority of sex workers. It’s O.K. for us to be honest about this.” She was referring to the social and economic divide in the profession. Activists in the sex-workers’ movement tend to be educated and make hundreds of dollars an hour. The words they often use to describe themselves — dominatrix, fetishist, sensual masseuse, courtesan, sugar baby, whore, witch, pervert — can be self-consciously half-wicked.

Some of their concerns can seem far removed from those of women who feel they must sell sex to survive — a mother trying to scrape together the rent, say, or a runaway teenager. People in those situations generally don’t call themselves “sex workers” or see themselves as part of a movement. “It’s not something people we work with would ever talk about,” says Deon Haywood, the director of Women With a Vision in New Orleans, an African-American health collective that works with low-income women and trans clients. Some of them sell sex, Haywood says, because it’s more flexible and pays better than low-wage work at businesses like McDonald’s.

Human rights advocates tend to focus on people in grim circumstances. “Like many feminists, I’m conflicted about sex work,” says Liesl Gerntholtz, executive director of the women’s rights division at Human Rights Watch, which took a stand in favor of decriminalization four years ago. “You’re often talking about women who have extremely limited choices. Would I like to live in a world where no one has to do sex work? Absolutely. But that’s not the case. So I want to live in a world where women do it largely voluntarily, in a way that is safe.

Matching with (sexual) contracts, by Arcidiacono, Beauchamp, and McElroy

Quantitative Economics, Volume 7, Issue 1 (March 2016)

Terms Of Endearment: An Equilibrium Model Of Sex And Matching

Peter Arcidiacono, Andrew Beauchamp, Marjorie McElroy

Abstract

We develop a two‐sided directed search model of relationship formation that can be used to disentangle male and female preferences over partner characteristics and over relationship terms from only a cross section of observed matches. Individuals direct their search for a partner on the basis of (i) the terms of the relationship, (ii) the partners' characteristics, and (iii) the endogenously determined probability of matching. Using data from the National Longitudinal Study of Adolescent Health, we estimate an equilibrium matching model of high school relationships. Variation in gender ratios is used to uncover male and female preferences. Estimates from the structural model match subjective responses on whether sex would occur in one's ideal relationship. The estimates show that some women would ideally not have sex, but do so out of matching concerns; the reverse is true for men. Counterfactual simulations show that the matching environment black women face is the primary driver of the large differences in sexual activity among white and black women.

Hank Greely on future possibilities for human reproduction

One of the 2012 Nobel Laureates in Medicine was Shinya Yamanaka whose work allows stem cells to be generated from skin cells. My Stanford colleague Hank Greely has now written a book, The End of Sex and the Future of Human Reproduction, contemplating some of the possibilities--some of them possibly repugnant transactions--for human reproduction. Here's a Stanford news article: Changes in human reproduction raise legal, ethical issues, Stanford scholar says

"Yet, by the same token, the ability to make gametes from skin cells might have some undesirable consequences. For example, Greely pointed out that someone could take a paper coffee cup that you casually tossed in the trash and turn you into a parent without your knowledge or consent.

“We probably need some laws to deal with that; unconsenting parenthood seems like a bad idea,” Greely said. 

Complicated questions

One possibility he proposes would be to require documentation of the provenance of any cells used to derive eggs or sperm.

“I think there are a lot of complicated questions, and for some of them, there is no particular law book to turn to,” Greely said.

...

Fairness is a central issue, Greely said. What if some people have access to the technology and others don’t? He predicts that in rich countries this child-making process will be subsidized, making it effectively free for prospective parents.

“In part,” he said, that will happen “because it will save the health care system a lot of money. You don’t need to prevent the births of very many really sick babies to pay for hundreds or thousands of attempts at making babies through easy PGD.”

But even so, there will certainly be international disparities, and possibly national ones as well. 

People with disabilities

Greely also raises challenging issues with respect to people with disabilities.

“If you’ve got a genetic disease and this means far fewer people are going to be born with your disease, well, in one sense that’s a good thing, but in another sense that lowers the research interest in your disease, the social support for your disease, and it kind of says your society thinks you shouldn’t have been born,” he said.

Citing the examples of heritable deafness and dwarfism, he noted that it’s plausible that parents would want a child like them.

“If a parent deafened a living baby, we’d certainly take the baby away and we’d prosecute the parent. If parents choose an embryo because it’s deaf, like themselves, in order to preserve deaf culture from genocide, what do we do then?”

Greely seeks to spark broad discussions about policies regarding these issues.

“I think something that changes the way we conceive babies affects everyone in such basic ways that it’s not a topic that should be left solely to the law professors or to the bioethicists or to the ob-gyns or to the fertility clinics,” he said.

Report on the AAU Campus Climate Survey on Sexual Assault and Sexual Misconduct

Here is the new AAU report on sexual assault and sexual misconduct.

It focuses on non-consensual sexual conduct, and some of the questions reflect evolving notions of (affirmative) consent.

Here's one bit:

"Since you have been a student at [University], has someone had contact with you involving penetration or oral sex without your active, ongoing voluntary agreement? Examples include someone:
 initiating sexual activity despite your refusal
 ignoring your cues to stop or slow down
 went ahead without checking in or while you were still deciding
 otherwise failed to obtain your consent

"Females and those identifying as TGQN were the most likely to be victimized by this type of tactic. For example since enrolling at the IHE, 11.4 percent of undergraduate females and 14.8 percent of undergraduates who identify as TGQN were victimized by this tactic compared to 2.4 percent of males."

"TGQN = Transgender, Genderqueer or non-conforming, questionning or not listed."

Repugnant markets watch: ISIS institutionalizes a market for sex slaves (NY Times)

The NY Times has a long article on sex slavery in the Islamic State, by Rukmini Callimachi, including some detail about the market's rules and institutional features:

ISIS Enshrines a Theology of Rape--Claiming the Quran’s support, the Islamic State codifies sex slavery in conquered regions of Iraq and Syria and uses the practice as a recruiting tool.

"The systematic rape of women and girls from the Yazidi religious minority has become deeply enmeshed in the organization and the radical theology of the Islamic State in the year since the group announced it was reviving slavery as an institution.
...
"The trade in Yazidi women and girls has created a persistent infrastructure, with a network of warehouses where the victims are held, viewing rooms where they are inspected and marketed, and a dedicated fleet of buses used to transport them.
...
"A growing body of internal policy memos and theological discussions has established guidelines for slavery, including a lengthy how-to manual issued by the Islamic State Research and Fatwa Department just last month.
...
"The Islamic State’s formal introduction of systematic sexual slavery dates to Aug. 3, 2014, when its fighters invaded the villages on the southern flank of Mount Sinjar, a craggy massif of dun-colored rock in northern Iraq.
...
"Their captors appeared to have a system in place, replete with its own methodology of inventorying the women, as well as their own lexicon. Women and girls were referred to as “Sabaya,” followed by their name. Some were bought by wholesalers, who photographed and gave them numbers, to advertise them to potential buyers.

"Osman Hassan Ali, a Yazidi businessman who has successfully smuggled out numerous Yazidi women, said he posed as a buyer in order to be sent the photographs. He shared a dozen images, each one showing a Yazidi woman sitting in a bare room on a couch, facing the camera with a blank, unsmiling expression. On the edge of the photograph is written in Arabic, “Sabaya No. 1,” “Sabaya No. 2,” and so on.
...
"The use of sex slavery by the Islamic State initially surprised even the group’s most ardent supporters, many of whom sparred with journalists online after the first reports of systematic rape."
...
"In a pamphlet published online in December, the Research and Fatwa Department of the Islamic State detailed best practices, including explaining that slaves belong to the estate of the fighter who bought them and therefore can be willed to another man and disposed of just like any other property after his death.

"Recent escapees describe an intricate bureaucracy surrounding their captivity, with their status as a slave registered in a contract. When their owner would sell them to another buyer, a new contract would be drafted, like transferring a property deed. At the same time, slaves can also be set free, and fighters are promised a heavenly reward for doing so.

"Though rare, this has created one avenue of escape for victims.

"A 25-year-old victim who escaped last month, identified by her first initial, A, described how one day her Libyan master handed her a laminated piece of paper. He explained that he had finished his training as a suicide bomber and was planning to blow himself up, and was therefore setting her free."

The market for orgies

The Telegraph reports on The rise and rise of the upmarket orgy
"Behind the Dominique Strauss-Khan pimping trial lurks the extraordinarily widespread popularity of the sex party"

"Strauss-Kahn’s parties, which he described as “recreational sessions in a hectic life”, adding “six girls at once did not seem a considerable number”, appear to have been organised by friends in venues round the world, including Les Chandelles, an exclusive Paris swingers’ venue, and wife-swapping clubs at the Carlton Hotel in Lille, the Amigo Hotel and Tantra in Brussels, and his own bachelor flat on Rue d’Iena, close to his main Parisian residence.

“I hear about parties like these all the time, they’ve been going on for centuries,” says Emma Sayle, founder of Killing Kittens, which holds 14 upmarket sex parties a month in locations around the globe. Sayle considers the four-a-year tally to be “average” for her 50,000 members, though some attend one a week."
...
"Chris Reynolds Gordon runs Heaven SX, which bills itself as Britain’s most “elite” purveyor of sex parties – achieved by vetting wannabe guests’ photos. “Our parties are in gorgeous mansions, we only want gorgeous people in their twenties and thirties, though we do have some very attractive people in their forties as well,” he says.
...
"According to Sayle, 36, who attended private school Downe House with Kate Middleton, many sex parties – especially those with big age gaps between the men and women – are full of hookers. “Having said that, there are always some women who are attracted by power and lifestyle.”

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Stay tuned: Verdict in Strauss-Kahn pimping trial set for June

Extra-marital sex in France: Gleeden (and the importance of hyphens)

The NY Times is shocked: Extramarital Dating Site Unsettles the Land of Discreet Affairs

"The ads for the dating website Gleeden, which bills itself as “the premier site for extramarital affairs designed by women,” were recently splashed on the backs of buses in several French cities. Seven cities decided to withdraw the ads, and opponents have mobilized against them on social media, providing the latest example of a prominent cultural divide in France about the lines between public morality, private sexual conduct and the country’s vaunted freedom of expression.
...
"A campaign by Ashley Madison, another extramarital website, featured President François Hollande and his three predecessors with smudged lipstick on their faces. “What do they have in common?” the ad asked. “They should have thought of ashleymadison.com.”
...
Gleeden, launched in 2009, has a million subscribers in France, and 2.4 million globally, who can anonymously trawl profiles for lovers.
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An aside: some years ago, there was a book called Eats, shoots and leaves, pointing out that punctuation is important: the presence or absence of a comma can change how you read that book title.  Similarly, hyphens are important, although the NY Times has made "extramarital" one word--there's a world of difference between extra marital sex and extra-marital sex...

The market for affairs

Here's the latest on the growing 'infidelity economy', facilitated by the website Ashley Madison, about which I've blogged before.

Adultery is good for your marriage – if you don’t get caught, says infidelity website boss As global membership to the world’s biggest infidelity site soars to over 24 million, its founder explains the international appeal of adultery

"Famed for its catchy motto – “Life is short. Have an affair” – the dating service is free for women but paying for men.
...
"The website is currently in the throes of a rapid global expansion: since launching in Canada on Valentine’s Day in 2002, it has attracted more than 24 million members in 37 countries, with South Korea launched last week."

Repugnant transaction watch: New Hampshire Senate votes to repeal anti-adultery law

Here's the story, which comes with this map of states with anti-adultery laws:

"Adultery isn't just a crime in the eyes of your spouse. In 21 states, cheating in a marriage is against the law, punishable by a fine or even jail time.

The New Hampshire state Senate voted Thursday to repeal its anti-adultery law, sending the bill to Gov. Maggie Hassan, who says she's likely to sign it into law. Under the law the Legislature voted to repeal, adultery is a Class B misdemeanor and punishable by a fine of up to $1,200.

"I don't think there's any appetite in New Hampshire to use police powers to enforce a marriage," state Rep. Tim O'Flaherty, the bill's sponsor, said during a public hearing last month.

Last year, Colorado repealed its anti-adultery law.

States' anti-adultery laws are rarely enforced, a vestige of our country's Puritanical beginnings, says Naomi Cahn, a law professor at the George Washington University Law School."