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Lecture 10

LS 325 Lecture 10: Sexuality and the Law: Final Exam Review

3 Pages

Legal Studies
Course Code
Vanessa Iafolla

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Sexuality and the Law R v. Vried: Hate speech case; Courts Tier One Offender: No community could step in to protect individuals notification 1949: Commison on the Revision to from discrimination based on sexual Tier Two: Notification to only schools the Criminal Code (in order to resolve orientation inconsistences) and appropriate institutions dealing Most inconsistencies involve same M v. H: Same sex couples are with kids sex acts considered equal to hetero couples in Tier Three: Communities are infomed terms of legal and monetary rights Case For: Serves as a warming for Ex: Buggery, beastialitity, gross (discrimination not covered under communities to protect their children; indecency revieve long prison section one) you lose the right to complain when sentences (ambiguous legal wording criminalized homosexuality) Provocation you commit a sexual offense 1957: Wolfden Committee on Case Against: Loss of privacy for For men: Typically used when those who are low risk; negative Homosexuality and Prostitution murderassault is done out of anger, attention (fear of retribution) Called for the decriminalization of jealousy, and etcetera (protecting Levi (2000): Objectives of homosexuality based on psychiatric ones honour; determined wether they punishmentconviction include: evidence (paradigm shift between criminal and medical issue) acted in the heat of the moment; deterrence, rehabilitation, 1965: Everett George Kilpert (paved designed specifically for men) incapacitation (remove from the For women: Typically used when they public), and retribution; State defends the way for change) have murdered their abusers (out of laws arguing they are a form of More liberal views towards gay and fear, despair, and desperation)(can regulation; Used by communities to lesbian issues in the national press now be used when a woman was in defend and protect themselves and 1969: Bill C150 (gross indecency and their children buggery done in private by consenting an emotional state) adults was legal) ConservativeFormal Equity: Levi (2000): Defences of Megans Everyone receives same Law: Responsibility for indentifying Elliot (2003): Examins the role of thingtreatment (helps some, hurts who is at risk is given to the state, Christianity in marriage and sexuality others) only the state can identify who laws (and how those laws affect ProgressiveSubstantive Equality: offenders are and their risk, they English counries) determine how the information is Charter: Section 15 (no one must be Everyone is given what they truly discriminated against); Section 1 need to be equal determined and distributed; providing information to the public is regulator (every law must be followed under Sex Offenders mechanism, not a punishment, reasonable circumstances only) Purpose of SO registry (a national intention is not to punish, but public Egan v. Queen: Discrimination safety; after the state has notified the against same sex couples was an and local database containing public, their job is done, it is up to the infringement on section 15 of the information of sex offenders) is to Charter; samesex couples were not provide the police with access to people to take that information and current and vital information on said protect themselves spouses (did not infringe on SOs. Allows police to notify public in Amyot (2009): constitution) some cases
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