
November 1999 Cover
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All fifty states now have sex of fenders registries (SORs), agencies with multi-million
dollar budgets mandated to track every move of "sexually dangerous persons" and "sexual
predators." Though created only in the last few years, SORs have been retroactively registering
those convicted of sex crimes decades earlier, people who had served their time and thought
they were now free. And the US Supreme has okayed SOR legislation permitting lifetime
incarceration of people who aren't serving time for any conviction, but who are deemed to have a
"personality abnormality" that makes them likely to become a "sex offender."
Who are these sexual monsters who have incited courts to void constitutional
protections against ex post facto laws and violations of
habeas corpus? The rhetoric of politicians and
SOR crusaders makes clear that these laws are aimed at those who violate "innocent"
children. Indeed, any sexual contact-- consensual or not-- by
anyone of a person under an arbitrarily determined age (which varies from state to state) is automatically defined as a
registerable offense.
Astonishingly, then, a majority of men in the United States are now deemed sex
offenders! Alfred Kinsey established in his 1948 work
Sexual Behavior in the Human Male that 57
percent of American men have engaged in pre-adolescent genital sex play (with the average
duration of such activity being 3.7 years).
And while rational people might think it absurd to label such normative sex play as
criminal, today's hysteria about childhood sexuality has created the legal notion of the "child
perpetrator," and kids in many states have actually been prosecuted for raping each other. Those who
were once "playing doctor" are now branded felons deserving lifelong monitoring.
Writing in 1948, Kinsey noted that up until Victorian times the sexuality of children
and adolescents was widely understood and accepted. Literature through the centuries
reflected the natural reality that sexuality wasn't switched on only at adulthood; indeed, until
recently, the enormous sexual capacity of young adolescent males was legendary. To this
impressionistic literature Kinsey added scientific confirmation: kids are sexual from birth, and most males
are very sexually active by their early teens.
Beginning in the mid-19th century, though, such sexuality became increasingly
suppressed (especially in England and America) with an anti-sex moral crusade that coincided with
delayed marriage. Kinsey noted the toll taken on youth denied access to the sexual outlets that
nature intended. And in the half-century since Kinsey penned his concerns, the suppression of
adolescent sexuality has continued and intensified. (Indeed, in a classic attempt to kill the
messenger, many of today's anti-sex crusaders assail Kinsey's painstaking research as the
self-interested work of a child molester.)
But today's denial of all adolescent sexuality is akin to legislating that the sun goes
around the earth; all the laws in the world can't make a lie the truth. Childhood sexuality is a
fact; pretending that its existence must signal some unnatural criminal corruption of innocence is
a lie that does enormous harm to the very young people that such pretense ostensibly "protects."
Gay people have a special interest in stopping today's insane laws regulating
adolescent sexuality, not only because homophobia exacts a particularly harsh penalty on kids
exploring their homosexuality, but also because with a slight change in the law we
all could easily revert to being the outlawed sodomites we were when Kinsey was writing. We, the sexual
offender majority, must demand that the law focus on legitimate concerns about violence and
stop scapegoating sex. **
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