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Criminal norms and sexuality: The place of consent and human dignity

Doctor :Sarah PUTMAN CRAMER
Thesis date :04 September 2015
Hours :9h
Discipline :Law
Add to calendar 09/04/2015 09:00 09/04/2015 12:00 Europe/Paris Criminal norms and sexuality: The place of consent and human dignity Sexual freedom is protected by a certain number of criminal norms, which regulate sexuality based on partners agreement. Consent has therefore a central position, it is the first limit of this liberty. Sexual freedom is the right for everyone to lead their sexual life the way they feel like, as lon... false MM/DD/YYYY
Jury :

Stamatios TZITZIS - Director of Research at CNRS (université Paris 2 Panthéon-Assas)

Guillaume BERNARD -Associate Professor (HDR Institut catholique d'études supérieures Paris)

Jean-Pierre CLERO - Professor (université de Rouen)

Christian HERVE - Professor (université Paris 5)

Sylvain JACOPIN - Associate Professor (université de Caen Haute Normandie)

Sexual freedom is protected by a certain number of criminal norms, which regulate sexuality based on partners agreement. Consent has therefore a central position, it is the first limit of this liberty. Sexual freedom is the right for everyone to lead their sexual life the way they feel like, as long as they don't harm others or society. Legal framework of sexuality has been deeply
transformed through non standard sexual behaviors as adultery or homosexuality.
Nevertheless moral liberalism of the last decades has not resulted in legal arrangments. Establishment of repressive regime for sexual abusers and penalisation of some attitudes show the growing limit of sexual liberty. One can wonder what is the State's limit to intervene in such case, and what the criminal standards give to human being on body control and sexuality. The concept of sexual consent is central, but its defaults result in sexual assault
offenses. Nevertheless this can not be the unique criteria, criminal law doesn't just condemn non consensual sexual acts, but also those with consent. Indeed the State's neutral position about sexual matters shows how fragile it remains, mainly in the name of human dignity.
Personal independence may have to be put aside to give the collective the need to ensure everyone's protection. In response to current human body reification trend, the concept of dignity finds its place, eventhough it is legally not satisfying, whereas objectivity and stability are both fundamental principles of criminal law.