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On Sex and Violence

NCJ Number
107484
Journal
New England Law Review Volume: 20 Issue: 4 Dated: (1984-1985) Pages: 629-644
Author(s)
E Spahn
Date Published
1985
Length
16 pages
Annotation
Current obscenity standards focus on the moral effect of sexually explicit materials on the consumer and imply that sexual stimulation is itself distasteful, while the new feminist ordinances on pornography focus on its effects on the victims -- women.
Abstract
In these ordinances, the sexual arousal of the consumer is not an issue; rather, the problem is phrased in terms of coercion, violence, and degradation of the victims. In addition, these ordinances focus on a subclass of erotic materials involving sadomasochism and sexual violence. A third distinction lies in allocating the power to allege harm. While current obscenity laws are criminal laws providing criminal penalties and placing power in the hands of States, the new ordinances are civil rights measures providing for civil relief and placing enforcement in the hands of those claiming to be victims. Under the ordinances, victims include the women who serve as pornographic models, those who are attacked or injured as a direct result of pornographic materials, and all women who suffer discrimination as a result of stereotypes. 84 footnotes.