Sexual Intimacy and Gender Identity 'fraud': Reframing the Legal and Ethical Debate
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Sexual Intimacy and Gender Identity 'fraud': Reframing the ...
Book Details
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Author: Alex Sharpe
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Publisher: Routledge
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Edition: 1st Edition
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Binding: Paperback
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Number of Pages: 224
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Release Date: 30th March 2019
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ISBN: 9780367280246
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Languages: English
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Package Dimensions: 9.1 x 6.1 x 0.6 inches
About the Book
Gender Identity Fraud and Sexual Offence Prosecutions by Alex Sharpe offers a critical legal and political intervention into the ongoing debate surrounding sexual offence prosecutions brought against young gender non-conforming individuals for "gender identity fraud." Sharpe argues firmly against such prosecutions, offering a series of principled objections grounded in both liberal legal principles and arguments drawn from queer and feminist theories.
The book challenges these prosecutions as an example of criminal law overreach, legal inconsistency, and a failure to understand the complexity of sexual desire and its disavowal. Sharpe critically engages with the legal concepts of consent, harm, and deception, examining their application in cases involving gender non-conforming individuals. In doing so, the book reveals how cisnormativity shapes the legal interpretation of these concepts, excluding more marginalized perspectives.
Beyond the legal realm, the book also tackles the ethical challenge of non-disclosure of gender history, shifting the focus from the omission itself to the broader ethical issue of a cisgender demand for knowledge. As an act of legal and ethical re-imagination, Sharpe proposes a queer counter-judgment to R v McNally, the only case involving a gender non-conforming defendant that has reached the Court of Appeal.
This book is an essential read for those interested in legal studies, gender theory, queer theory, feminist thought, and the intersection of law, sexuality, and identity. It provides a nuanced perspective on the legal treatment of gender non-conforming individuals and advocates for a more inclusive and thoughtful approach to sexual offence law.
