Does the law define sex?

[+ Tarte Gogo]

Some aspects of law are based on the definition of sex (for example touching someone against their will is bad, and it is worse if you touch some private part of their body, but not as bad as penetrating them and coming inside). So in the USA, does the law define what constitutes “sex”?

Where do they draw the line? A blow job is sex? hand job is sex? Fingering my ass is sex? Touching my perineum is sex?

I guess it might be different per state, if so, does anyone know of a text / ruling that explains the difference between “just a sexual contacts but not sex” and “definitely sex”.

Just curious, don’t worry, I don’t have a case to defend.

[LaffingBear]

Ive wondered the same thing, although using different examples, slightly different context.

 

A google search of "legal definition of sex" returns:

 

Sexual Act Law and Legal Definition. Sexual act refers to any act of sexual intercourse. It also means penetration however slight by any object into the genital or anal opening of another person's body. Definitions are primarily governed by state criminal laws, which vary by state.

Sexual Act Law and Legal Definition | USLegal, Inc.

 

solicitation - Legal Definition. n. A request or petition intended to obtain something; criminally urging, advising, or ordering someone to commit a crime; offering to pay for sex or requesting money in exchange for sex; an attempt to increase the number of one's actual or potential clientele.

 

I dont think theres any one clear Federal ruling of a sexual act, and its likely unclear and inconsistent even within a State. And, when considering legal definitions of matters we broadly define as sexual in nature, there is a host of possibilities. Something may not be considered a sexual act, but may still be solicitation, harassment, battery, lewd conduct, etc.

[+ Charlie]

"I did not have sex with that woman, Monica Lewinski." Bill Clinton (and he was a lawyer)

[+ tassojunior]

In the US from common law "Sex" means the act of vaginal sexual penetration of a female by a male. Sodomy is anal of either sex.

 

Many US states have written their own definitions though in their written laws. Most follow the common law but sometimes add other acts.

 

Touching someone against their will is usually "assault" by common law. It can be sexual assault if the state defines that as a different crime.

Edited July 24, 2018 by tassojunior

[Quincy_7]

I remember reading about the Blanchflower v Blanchflower case in New Hampshire where a guy failed to get a fault divorce for adultery (his wife was having a lesbian affair) because the court said that penetration had not occurred and hence no adultery, i.e. sex, had taken place.

[Lawkid3889]

I believe in Bill Clinton’s case, he did not have “sexual relations” with that woman, he had “deviant sexual intercourse” with Monica because she performed oral sex on him. Not sure which jurisdiction he thought he was in for that definition BUT from a legal perspective he was telling the truth.

 

I’m a lawyer but don’t do anything near this type of work but I remember having the above discussion in Crim Law.

[+ deej]

To answer the subject of thread, the law ATTEMPTS to define sex but never really can.

 

I once had an intense cuddle session with a college baseball player for several hours. We were tremendously relieved but I’m pretty sure none of it fit any legal definition of sex.

[+ SundayZip]

I once had a conversation with a dancer in a gay, nude stripper club. We were discussing the possibility a date in my hotel room when he said, "OK, but no sex." I was a confused until he clarified: kissing and blow jobs were okay, but no penetration. I guess he figured it didn't cross the line into being sex unless there was penetration (apparently a penis penetrating a mouth doesn't count). He was super sexy and I was horny so I happily accepted his definition of sex.

[+ saminseattle]

Some aspects of law are based on the definition of sex (for example touching someone against their will is bad, and it is worse if you touch some private part of their body, but not as bad as penetrating them and coming inside). So in the USA, does the law define what constitutes “sex”?

Where do they draw the line? A blow job is sex? hand job is sex? Fingering my ass is sex? Touching my perineum is sex?

I guess it might be different per state, if so, does anyone know of a text / ruling that explains the difference between “just a sexual contacts but not sex” and “definitely sex”.

Just curious, don’t worry, I don’t have a case to defend.

 

Yes, state laws do define sex with considerable specificity in various contexts. For example, in the State of New York, where I believe you live, prostitution is a crime, but what does this mean exactly? Well, “A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” (This is Section 230 of the NYS Penal Code which you can find with a simple google search.)

 

But what exactly is “sexual conduct?” Well, New York says it is “sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.” Section 130(10). Each of these terms is further defined. For example, “sexual intercourse has its ordinary meaning and occurs upon any penetration, however slight,” “oral sexual conduct means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina,” “anal sexual conduct” mean conduct between persons consisting of contact between the penis and anus.”

 

So, a “blow job” definitely qualifies as “sexual conduct,” and it’s a crime to pay for one. But what about a “hand job” or “fingering” someone’s ass? Well, that’s where the definition of “sexual contact” comes in, which is extremely broad:

 

“Sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.”

 

So, a “hand job” definitely counts and people should keep in mind that if this is included as part of a massage, the parties are engaged in a form of prostitution. Fingering someone’s ass would almost certainly also count as sexual contact. But if your doctor is doing a “digital exam” to check for possible internal hemorrhoids or something, that is presumably not being done to gratify sexual desires so it won’t count (though I note that given some recent controversies about doctor conduct, it might depend on the specific situation…there is also a specific exception in New York to what might otherwise be a sex offense if it is conducted “for a valid medical or mental health care purpose.”).

 

Touching the perineum is a closer question, but I think most people would consider this area an “intimate part” of their person, so if the touching there is done for pleasure, I think it would count as “sexual contact” and it would probably be a crime to pay someone to touch you there, even if they did nothing else. At the same time, this kind of touching would not qualify as “sex” in the sense of “sexual intercourse” because there is no penetration (even a slight one). And some offenses require more than just sexual contact (1st, 2nd, and 3rd degree rape for example, all require sexual intercourse, in NYS at least).

 

The whole topic does raise interesting issues, like whether “muscle worship” is prostitution etc. One thing I always thought was strange about the original RB complaint was their focus on things like sneaker sniffing, which does not seem to fit any of these definitions of sex. So, while it might be perceived as “weird,” it is hardly illegal.

[+ Tarte Gogo]

Yes, state laws do define sex with considerable specificity in various contexts. For example, in the State of New York, where I believe you live, prostitution is a crime, but what does this mean exactly? Well, “A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” (This is Section 230 of the NYS Penal Code which you can find with a simple google search.)

 

But what exactly is “sexual conduct?” Well, New York says it is “sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.” Section 130(10). Each of these terms is further defined. For example, “sexual intercourse has its ordinary meaning and occurs upon any penetration, however slight,” “oral sexual conduct means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina,” “anal sexual conduct” mean conduct between persons consisting of contact between the penis and anus.”

 

So, a “blow job” definitely qualifies as “sexual conduct,” and it’s a crime to pay for one. But what about a “hand job” or “fingering” someone’s ass? Well, that’s where the definition of “sexual contact” comes in, which is extremely broad:

 

“Sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.”

 

So, a “hand job” definitely counts and people should keep in mind that if this is included as part of a massage, the parties are engaged in a form of prostitution. Fingering someone’s ass would almost certainly also count as sexual contact. But if your doctor is doing a “digital exam” to check for possible internal hemorrhoids or something, that is presumably not being done to gratify sexual desires so it won’t count (though I note that given some recent controversies about doctor conduct, it might depend on the specific situation…there is also a specific exception in New York to what might otherwise be a sex offense if it is conducted “for a valid medical or mental health care purpose.”).

 

Touching the perineum is a closer question, but I think most people would consider this area an “intimate part” of their person, so if the touching there is done for pleasure, I think it would count as “sexual contact” and it would probably be a crime to pay someone to touch you there, even if they did nothing else. At the same time, this kind of touching would not qualify as “sex” in the sense of “sexual intercourse” because there is no penetration (even a slight one). And some offenses require more than just sexual contact (1st, 2nd, and 3rd degree rape for example, all require sexual intercourse, in NYS at least).

 

The whole topic does raise interesting issues, like whether “muscle worship” is prostitution etc. One thing I always thought was strange about the original RB complaint was their focus on things like sneaker sniffing, which does not seem to fit any of these definitions of sex. So, while it might be perceived as “weird,” it is hardly illegal.

And here we have it: my question is now thouroughly and knowledgeably answered!

 

Very grateful, @saminseattle, thank for doing the research.

[RM]

The newspaper often refers to molesting, and I always wonder what that is.