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 Post subject: Re: Sex and the law
PostPosted: Fri Jan 25, 2013 12:44 pm 
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Woman gets worker's comp for sex injury
December 17, 2012

CANBERRA, Australia (UPI) -- An Australian federal worker was awarded worker's compensation for an injury she sustained while having motel room sex on a work trip.

The woman, who works for a federal agency, suffered injuries to her nose and mouth when a glass light fitting above the motel room bed fell while she was having sexual intercourse in New South Wales in November 2007, The Sydney Morning Herald reported Monday.

Workplace health insurer Comcare had appealed the woman's worker's comp claim, saying the injury had nothing to do with the woman's job, but the Federal Court sided with the woman, who argued the her employer was responsible for her for the duration of the trip.

"If the applicant had been injured while playing a game of cards in her motel room she would be entitled to compensation even though it could not be said that her employer induced or encouraged her to engage in such an activity," the judges said.

A Comcare spokesman said the company is deciding whether to appeal to the High Court. "The issue is a significant one. Workers need to be clear about their entitlements and employers should have an understanding of their responsibilities and how to support their staff," he said.

Source: Daily News UK.

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 Post subject: Re: Sex and the law
PostPosted: Thu Mar 28, 2013 3:26 pm 
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One in 30 students has had a relationship with a teacher
10 February 2013

Three percent of students at Stockholm's biggest high schools have had a relationship with a teacher and the teachers' ethical council says "you can't ban love".

Out of 600 high school students who participated in a survey by the Svenska Dagbladet newspaper, 20 said they have had a sexual or romantic relationship with a teacher, with one percent claiming they are still in such a relationship. Two percent said they have classmates who are in a sexual relationship with a teacher. Five per cent, or 32 students, know or have heard of students in other classes or schools who are in relationships with teachers.

Around 80 percent of Swedes attend high school (gymnasium), which is not compulsory and corresponds to grades 10 to 12.

The law says that someone who persuades another person to engage in a sexual act by seriously taking advantage of that person's position of dependency should face up to two years in prison. However, the deed must constitute a clear abuse of power.

"The law could be better and clearer," said Kristina Huldt, a lawyer with experience of handling sexual abuse cases. "As it stands, evidence is required that the teacher in question persuaded the pupil. That can be hard to prove," said Huldt.

For Gisele Priebe, a psychologist and researcher at Lund University, the problem is not whether sexual relations between teachers and pupils are illegal or not. "Even if the pupil and teacher are in love 'for real' and there is no pressure involved, it is still a question of power imbalance. It is very hard, if not impossible, in these instances to have a relationship where both people's wishes and opinions count as much."

The Swedish National Agency for Education (Skolverket) did not want to comment on Svenska Dagbladet's findings. "We have no direct views on this. The National Agency for Education does not have a position on this issue… This is a political issue," said Eva Röyter, a lawyer at the Agency.

The Teachers' Ethical Council (Lärarnas yrkesetiska råd), which is tasked with encouraging a continuing debate on work ethics and with promoting professional ethics among teachers, did not want to take a stand on the issue, either. "You can't ban love. The fact that there is attraction is not strange, but we have to think about how we handle it," said Jesper Rehn of the Teachers' Ethical Council. Rehn does not believe legislation is the way forward or that the Council should publish guidelines for how to deal with the issue. Asked whose role it is to draw up such guidelines, Rehn replied: "That's a good question. I don't know."

Source: The Local Sweden.

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 Post subject: Re: Sex and the law
PostPosted: Thu Dec 26, 2013 7:07 am 
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Indian gay activists protest top court's ruling
15 December 2013

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Indian gay rights activists hold placards during a protest against a Supreme Court verdict that upheld section 377 of the Indian Penal Code that criminalizes homosexuality in Hyderabad, India, Sunday, Dec. 15, 2013. (AP Photo/Mahesh Kumar A.)

NEW DELHI (AP) -- Hundreds of gay rights activists gathered in India's capital and other cities across the country on Sunday to protest a decision by India's top court to uphold a law that criminalizes gay sex.

India's Supreme Court last week reversed a landmark 2009 lower court order that had decriminalized gay sex. The country's gay community is demanding that the government take immediate action to remove the colonial-era law banning same-sex relations.

About 800 protesters in New Delhi, the capital, wore black arm bands Sunday and waved rainbow-colored flags and banners. Some people wore masks and wigs to protect their identity. They said the Supreme Court's ruling had evoked anger and dismay across the country. The activists said that they were in the process of taking legal steps to undo the court's decision and that Sunday's protest was to make their voices heard. "It's my fundamental right to decide who I should love," said Rohan Mehta, a New Delhi-based businessman who was among the demonstrators. "I will not let the court deprive me of my rights."

The court ruled Wednesday that only lawmakers could change the law that bans gay sex and makes it punishable by up to a decade in prison. The ruling dealt a blow to gay activists who have fought for years for the chance to live openly in India's deeply conservative society. Similar protests were organized Sunday in several Indian cities, with groups of gay and human rights activists urging a rollback of the court's decision.

Source: AP.

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 Post subject: Re: Sex and the law
PostPosted: Sat Apr 22, 2017 3:04 pm 
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In Malaysia, why is child sex bad but child marriage OK?
By Tashny Sukumaran
22 April 2017

When she came to me, she was 13, had already delivered her first child, and the boy – then 15 – had already divorced her and run off,” said child rights activist Dr Hartini Zainudin, recalling her first case of teen marriage in Malaysia.

“Her mother was dead and her father, a security guard, had severe gout. The father would come to me to ask for help to get milk powder and diapers. Eventually I sat the girl down and explained to her that the welfare of her child was her responsibility. She had to either go back to school or find a job, or I’d have to ask the welfare department to step in.”

“Sweetheart” cases – so called because of the perceived romantic element – are rampant in Malaysia, often ending in divorce. In many cases it’s a cruel misnomer – marriages are often concluded to resolve criminal liability, to escape rape charges or penalties for premarital sex. In 2015, the health minister said an average of 18,000 teens get pregnant annually, a quarter of them out of wedlock.

According to government statistics, between 2010 and 2015, there were 6,264 applications for child marriage from Muslims – the number of approved applications is unknown – and 2,725 non-Muslim teenage girls who got married.

The age of consent for sex in Malaysia is 16. Under civil law, the minimum age of marriage is 18 with parental consent (21 without), but girls may be married between the ages of 16 to 18 with the consent of a state’s chief minister.

Under Islamic law, the minimum age of marriage is 18 for boys and 16 for girls, but people can marry even younger with the consent of a sharia judge. There is no minimum age, and marital rape is not recognised as a crime in Malaysia. Causing hurt in order to have sex with one’s wife, however, is a minor offence. This loophole has gone unplugged by the Sexual Offences against Children Bill, passed in Malaysia’s parliament this month, which criminalises child grooming and sets harsh penalties for making or possessing pornography involving people under 18. The new law, enmeshed in the politics of election-bound Malaysia, became mired in further controversy when a member of parliament from the ruling National Front coalition shot down a proposed amendment, saying girls as young as nine were “physically and spiritually ready” for marriage. Shabudin Yahaya, a retired sharia judge, said there was nothing wrong with a girl marrying her rapist, but later claimed he was misquoted and that marriage was not a back door to legalising rape.

Lawmakers and activists alike have spoken out against the law’s failure to criminalise child marriage. “Child marriage is statutory rape and no one, including a parent or guardian, can give consent to statutory rape,” said lawyer and opposition MP William Leong.

Opposition MP Khalid Samad said that while there may be specific cases and circumstances where teens aged 16 and below can be allowed to marry, it should only be if due diligence is carried out by the relevant authorities. “Child marriages should be an exceptional thing, not a general rule,” he said, pointing out that in poorer villages, parents sometimes feel marriage is the best way to escape poverty. “We think about things like schooling, which may not even be a reality for some. But nor can we generalise and say that marriage is the best way to handle the situation. What we must, instead, do is focus on improving access to education and our economy so that this solution is unnecessary for anybody. If those things improve, this situation would not arise.”

Women’s rights NGO Sisters in Islam says religion is being politicised and blames the government for failing to comply with international standards in protecting children. It demands the Malaysian government increase the minimum age requirement for marriage to 18 years for both men and women by amending the Islamic Family Law Act (Federal Territory) and the Law Reform (Marriage and Divorce) Act 1976.

Political analyst Professor James Chin of the Asia Institute, University of Tasmania, said the new law was part of a pattern of controversial Islam-based policy moves the ruling coalition is making ahead of the election, which can come as early as July. “Politicians want to see how far they can go with this and how much they can capture,” he said. “While [the ruling coalition] shot down the child marriage amendment, it has also been promising non-Muslim amendments to child conversion laws. Younger people won’t be happy about the more right-wing moves, but among the older, more conservative crowd, it’s a different story. It’s all about what can pull more votes and keep both vote banks – Malays and non-Malays – happy.”

Source: South China Morning Post

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 Post subject: Re: Sex and the law
PostPosted: Wed Jul 26, 2017 8:16 am 
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Europe rights court: Sex still important for older women
By BARRY HATTON
25 July 2017

LISBON, Portugal (AP) -- Judges in Portugal were guilty of sexual discrimination in a medical compensation case when they decided that the importance of sex diminished with the age of a woman, Europe's human rights court ruled in a judgment published Tuesday.

Maria Morais, a 50-year-old Portuguese woman with two children, claimed that medical negligence during botched gynecological surgery at a Portuguese hospital in 1995 left her unable to have normal sexual relations. She won her compensation case for physical and mental suffering, but the hospital then won a 2013 appeal that cut the payout by around one-third.

Justifying the cut, judges in Lisbon argued sex was not as important because of her age. The three-judge panel - made up of two men and a woman - were all over 50, according to Morais's lawyer, Vitor Ribeiro. The case triggered a storm of protest in Portugal, where one female lawmaker described the ruling as "Taliban jurisprudence."

The France-based European Court of Human Rights sided with Morais, saying Portuguese judges were guilty of "prejudices" and had violated the right to respect for private and family life. It ordered Portugal to pay Morais 3,250 euros ($3,790) in damages and 2,460 euros for costs and expenses.

The Portuguese court's decision "ignored the physical and psychological importance of sexuality for women's self-fulfillment and other dimensions of women's sexuality," the European court said. "The (Lisbon court) decision had moreover been based on the general assumption that sexuality was not as important for a 50-year-old woman and mother of two children as for someone of a younger age. In the (European) court's view, those considerations showed the prejudices prevailing in the judiciary in Portugal," it added. There was no immediate reaction from Portuguese authorities.

The European court noted two other judgments in Portugal, in 2008 and 2014, concerning medical malpractice complaints by two male patients. In those cases, Portugal's Supreme Court found that the fact that the men could no longer have normal sexual relations had affected their self-esteem and brought "tremendous or strong mental shock," regardless of their age or whether they had had children or not.

Source: AP

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