Sex

[Jonathan Buhacoff]

Proposal:

Sex between consenting adults is allowed. This includes sex for money (commercial sex), but commercial sex must be further regulated for the safety of all involved. Sex between adults and minors is prohibited. Sex between minors is prohibited but some sexual activity is allowed. Sex with animals is prohibited.

Discussion:

People who don’t want sexual liberty are free to limit themselves. People who want sexual liberty want the most they can have. The government has an interest in protecting people and must enact laws regulating behavior, including sex.

Sex between consenting adults should be allowed. Adults in different cultures will do it differently. In some cultures there is only sex after marriage. In other cultures, sex is more open. The government might enact a law that when someone learns they have been infected with a sexually transmitted disease, they must inform all recent sexual partners (with recent being defined by the time period between when the person was last known to be free of any diseases and the time the person learned they are infected). People who might find this embarrassing should limit their sexual partners to one at a time with breaks and testing in between so they only need to have a conversation with their last partner.

Sex for money must be regulated to resolve moral and safety issues. People with moral issues regarding sex for money can refrain from providing that service or being a client. Social groups may voluntarily restrict sexual behaviors including sex for money. For example a religious group may excommunicate a member for engaging in any prohibited behavior, including sex for money, and this is allowed because they have the freedom of association. The government must regulate commercial sex to require safety practices to prevent transmission of disease. The right to consent already protects sex workers from abuse by a “pimp” or sex trafficking but the government may enact laws specifically regulating the working conditions. This will disincentivize the abusive behavior and provide additional legal liabilities for perpetrators when they are caught. For example, the government may enact a law that makes the business, or “house”, legally responsible for complying with all regulations and for the sex workers complying with all regulations. As another example, minimum wage laws would apply to sex workers. Sex workers can then negotiate better pay or commissions.

Sex between adults and minors is prohibited due to a variety of issues including judgement of maturity, lack of ability to consent, unequal power in the relationship, right to parental control (when the adult is not the parent), and child abuse.

Sex between minors is prohibited due to a variety of issues including judgement of maturity, lack of ability to consent, unequal power in the relationship (depending on ages of minors involved), right to parental control (when the adult is not the parent), and safety (lack of education or training in safe sex). However, sexual development in adolescents happens while they are minors and sexual activity other than intercourse between minors of a similar age is allowed to start learning about sex. At least it would be allowed at the federal level and states could enact specific restrictions and sex education programs.

Sex between family members is called incest and is illegal in many places due to a variety of issues including lack of ability to consent, unequal power in the relationship, right to parental control, and the possibility of genetic disorders in the child.

Sex with animals is prohibited due to a variety of issues including lack of ability to consent and animal abuse.

Sex is related to the topic of reproduction.

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