2. FB's writings on Law
2.5. FB's writings on Criminal Law
2.5.3. FB's writings on the Sexual
Offences Act 2003
2.5.3.2. BRIEFING ON SEXUAL
OFFENCES ACT 2003
2.5.3.2.3.2. Contents
Selected principles of THE
SEX CODE
ETHICS
AND SEX
The concept of secular morality
1. Though non-believers
cannot accept religion, they acknowledge right and wrong. They
wish to make the best of themselves, and out of common sympathy
also wish the best for their fellow humans. Without any supposed
divine command or revelation, they accept that human acts are
moral, immoral or morally neutral. They perceive that this indicates the existence, in some sense that
is real, of an objective standard of ethics (referred to in
this book as 'the ethical code') whose sole base is in human
reason and the human conscience.
Secular sexual morality
2. In the sexual
field we all have a duty to be good, that is to act morally.
This is part of our general duty, laid down by the
ethical code, to act morally in every area of our life. Because
the ethical code requires us to strive at all times and in all
ways to be virtuous, it follows that we should strive to be
virtuous in our sexual life. Indeed, since sexual wickedness can cause untold
harm and distress, the duty to be good is particularly strong
in this area.
The duty of ethical understanding
3. No one can be
sure of acting morally in a given situation, or responding with
moral correctness to the act of another, unless they know and
understand what is called for by the ethical code. Therefore
we should try to absorb its principles to the fullest extent
of our capacity. This we may call the duty of ethical understanding.
The duty of ethical action
4. We should comply
with the ethical code not only directly but indirectly. It guides
our own sexual acts and also our response to the sexual acts
of others. What we must not do ourselves, we must not countenance
others doing. What it is our duty to do, it is our duty to help others do also.
All this may be called the duty of ethical action.
The present Code
5. Because the ethical
code cannot be known in precise detail its prescriptions may
be unclear in particular cases, and cannot be free from dispute.
The present text (referred to in this book as 'the Code')
attempts to formulate the ethical code, so far as it relates
specifically to human sexuality, in a form most likely to produce
certainty and command agreement in the modern western secular
culture.
Interpreting the Code
6. It is important
to bear in mind when reading the Code that its effect is intended
to be cumulative. Each precept is subject to limitations stated
elsewhere in the Code, and also by precepts of the ethical code
not specific to sexual matters. The Code is concerned only with
morality, and pays no regard to law or aesthetics. In the Code
references to acts include omissions.
ACCEPTING
OUR SEXUALITY
The duty of sex‑acceptance
7. Since we are
all sexual beings we should look upon our own or another's sexual
organs, functions and desires positively, with welcoming acceptance
that they exist and work (the duty of sex acceptance).
We should never look on them negatively, with dislike,
regret or contempt. This does not mean that remediable sexual
disorders ought to be accepted as they are, or that immoral
sexual behaviour should be tolerated.
Sex-guilt
8. Because of negative
conditioning, guilt about the mere existence of sexuality (sex
guilt) is endemic in western culture.
Yet the duty of sex-acceptance means we should eschew
this guilt in ourselves. Moreover we are under a duty not to
implant or nurture guilt in another person, particularly a child,
because of their sexual organs, functions or desires, or because
of their sexual acts where these are not immoral. When we encounter
such guilt we should where possible help to alleviate it.
. . .
. .
Nudity and exhibitionism
10. The duty of sex‑acceptance requires us to tolerate
the sight of the nude human body, even where because of the
subject's advanced age or other factors it seems to us aesthetically
unpleasing. We should refuse to countenance prudishness about
the body or its functions, which can be harmful psychologically.
On the other hand we need to recognise the effects of
past negative conditioning, and not knowingly outrage another
person by the sight or sound of any extreme sexual activity
or display.
. . .
. .
RESPECTING
OUR SEXUALITY
The duty of sex‑respect
12. Since sexuality
is the source of all human life, and is of profound emotional
concern to all human beings in the living of their lives, we
should treat our own or another's sexual organs, functions and
desires with respect, even reverence (the duty of sex-respect).
We should therefore not commit any act that degrades or trivialises
them.
The right to sexual privacy
13. It is immoral,
as contravening the right to privacy and the duty of sex‑respect,
for anyone, without the consent of the person in question, to
gaze at or listen to the sexual activity of another person,
whether directly or by means of a recording or listening device.
Sex with animals
14. It is contrary
to the duty of sex-respect for a human being to have sex with
an animal.
FULFILLING
OUR SEXUAL NATURES
The duty of sex-fulfilment
15. Because sexuality
is an essential and vital part of the human constitution, we
should develop and fulfil our sexual nature throughout life
(the duty of sex-fulfilment). This does not mean that remediable
sexual disorders ought to be accepted as they are, or that immoral
sexual behaviour should be tolerated. However it does follow that we should help
and encourage others, particularly the young, to achieve fulfilment
in the sexual field as in any other area of life. Equally we
should not deny old people sexual fulfilment or denigrate their
pursuit of it. We should not condemn any sexual relationship
on the ground of a disparity in the ages of the partners.
. . .
. .
Celibacy and chastity
17. Because they
contravene the duty of sex-fulfilment, enduring celibacy and
chastity are undesirable in the way that any other failure to
fulfil one's human potential is undesirable. This does not mean
that young persons should be hurried into sexual experience
before they are physically or emotionally ready.
. . .
. .
SEXUAL
ACTS
Types of sexual act
21. Since the primary
purpose of our sexual organs, functions and desires is reproduction
of the species, contraceptive - free vaginal intercourse between
a fertile male and female may be regarded as the primary sexual
act. However healthy
sexuality goes much wider than this, and no type of sexual act
is to be condemned on the ground that it departs from the primary
act.
Consent to sexual
acts
22. We ought not
to touch another person sexually without their consent, whether
explicit or reasonably inferred. Nor should we do any other
act towards a person sexually (such as showing them a pornographic
picture or exposing their nakedness) which is out of scale with
any indication they have given regarding their willingness for
this. Special considerations apply where the person is too young,
or is otherwise unable, to give informed consent.
Sexual harassment
23. We should not
make sexual overtures to any person beyond a point where the
recipient indicates refusal, disapproval or distress.
If for any reason the other is or may feel coerced or
otherwise subservient, we need to realise that the signs of
rejection may be faint. That does not mean they are to be disregarded.
Solitary sex
24. A sexual act
(such as masturbation) is not immoral because done in solitude.
Since young people are often ready for sex before they are mature
enough to enter a sexual relationship with another person, solitary
sex may for them be the most suitable form of early sexual activity
and should not be condemned or discouraged by parents or others
in authority. However,
solitary sex may encourage narcissism, and lacks the richness
that comes from a loving relationship with another. Where the subject is within a pair-bond, solitary sex may be immoral
if it indicates a rejection of the partner.
. . .
.
Harmful sexual acts
27.‑(1) Where
it is known or suspected by either party to a prospective sex‑act
that one or other is or may be infected with any sexually transmissible
disease it is their duty to ensure that adequate precautions
are taken against infection.
(2) If a person
knows that an infected person is likely to contravene the previous
rule (for example because they have themselves contracted disease
from that person) it is their duty to help ensure that the infected
person does not transmit the disease to others.
(3) It is immoral
for a person who knows or suspects that they are infected with
any sexually transmissible disease to have sex with another
person without first informing them of the fact.
(4) It is immoral
to have sex with another person by a method or technique that
may cause either party physical or mental injury.
. . .
.
THE
YOUNG
Parents' duty to rear their child
47.‑(1) The
natural parents of a child should accept and discharge their
responsibility to rear it unless circumstances render this impracticable.
(2) It is the duty
of the persons rearing a child to give it a secure and loving
upbringing till adulthood.
(3) If the child
cannot be reared by its natural parents it is best that it be
reared by a couple who are as near as possible in age and characteristics
to the natural parents. To be reared by a lone parent, or by
two persons of the same sex, may succeed. It is more likely however to be less than the
best, since the child needs a close and extended view of rearers
of both sexes in order to make sense of its world.
Sex education
48. It is the duty
of the persons rearing a child to ensure that it undergoes whatever
sex education may be necessary to enable it progressively to
learn the facts about human sexuality, and eventually to carry
out its duties of ethical understanding and ethical action.
Subject to this, a child-rearer who has not been proved to lack
a genuine intention to promote the welfare of the child has
the right to decide what it is to be taught about sex.
Consent by young people to sexual acts
49. Apparent consent
by a youngster to a sexual act with an older person is morally
ineffective, and therefore counts as no consent, where the youngster
is too immature to understand the nature and quality
of the act, that is its physiological, emotional and
ethical significance. Apparent consent by a youngster to a sexual
act with an age-mate is however to be treated as morally effective.
A test for whether a youngster who apparently consents to a
sexual act really understands its nature and quality is whether,
when maturity is attained, he or she would be likely to regret
having committed the act.
. . .
.