Psychology of Sex and Sexuality—Lecture I Maha Naqi CPSY 621 19 September 2020 Dr. Oren Amitay Dr. Amitay’s teaching philosophy: Likes to jump in organically because he does not want to pretend that subjects like psychology are neat or tidy, and that everyone agrees on them unequivocally - Amitay will say things with which you disagree! - This is extremely important, very controversial material; Amitay will share the material as well as ways of analyzing it Two (2) main goals: i. Make us into better clinicians, which will require you to take certain perspectives, including ones you may disagree with It is okay to disagree with opinions raised, but it is imperative to have good reasons for disagreeing; this can include “I just don’t feel right about this,” or “This seems wrong.” ii. Make us into critical thinkers Amitay does not believe in allowing students’ personal biases to trump science, facts, or evidence Three (3) key components for which students are responsible: i. Lectures ii. Readings (for midterm, Ch. 1-3) iii. Brightspace Key issues explored in this class will include: o Pedophilia This may be an emotionally and psychologically triggering issue for some individuals, but Amitay believes that this does not mean we should not study it; science only progresses when we have the wherewithal to analyze controversial information from a critical perspective Will seek to explain that not all pedophiles are monsters and not all monsters who attack children are pedophiles o Trans/transgender issues Amitay contends that it is very interesting that an issue that affects ~0.03% of the population (variance = ~0.02-0.06%) has captured the public’s imagination, caused so much controversy, and caused numerous scientists and academics to eschew the concepts of science/biology/best practices on purely ideological grounds o Feminism Amitay considers himself a male feminist, though he cautions people to be wary of those who self-describe that way because many of them are “wolves in sheep’s clothing” Amitay’s personal history - His mother founded Canada’s first sex store, Lovecraft He spent a lot of his childhood in this store; as a result, he spent a lot of his childhood in this store, and by his estimation, comes by his views on sex and sexuality pretty honestly This also informs some of his biases on the subjects of sex and sexuality, and his general openness to them - Amitay’s father has Bipolar Disorder Amitay openly and regularly describes his father as “crazy” Page | 1 - Maha Naqi CPSY 621 19 September 2020 There is a purpose to this; he uses the term “crazy” with his patients (i.e., “You are crazy,” “That’s crazy,” “What you are thinking/doing is crazy”) and o His patients do not mind this also refers to himself this way o He does this because he does not want his students to be stigmatized by society; this is inevitably going to happen because people are biased against those with mental health issues and will be ignorant and meanspirited—this is not going to change But what Amitay wants to help change for his patients is their perception of themselves; he wants them to be able to inoculate themselves against the hate, ignorance, and bigotry that exists in society; using terms like “crazy” helps his clients build a resistance to them Amitay is also a parenting expert and a keen observer of familial and interpersonal dynamics When his wife became pregnant with their first child almost 24 years ago, he began observing families very closely Amitay can clearly see the role of early family experiences—as they relate to development (i.e., psychological, emotional, mental), sexuality, interpersonal dynamics— largely shape how the individual sees themselves, how they relate to others, and whether they are able to function in an adaptive way in those dynamics and relationships All of this truly does start with family Amitay believes that critical thinking is comprised of the following three (3) components: i. Critical ii. Skeptical iii. Open-minded This is key because you have to be flexible enough to say to yourself that what you thought was right might not be AND to acknowledge your biases, question them, and reflect on them Amitay used to open this class by presenting a skit - He would begin by sharing a series of commonly cited “facts”; at the end of the skit, he would tell the class that all of these “facts” were false - While Amitay saw this as an effective exercise in the development of his students’ - critical thinking, he stopped doing the skit; Amitay contends that this is because “in today’s climate, it’s very easy to be cancelled” Amitay was warned that, if a student didn’t know him yet and they heard what he was saying, they might get so offended and/or triggered so as to cause psychological distress At first, it was about the students’ well-being; now, with “cancel culture” on the rise, Amitay contends that he risks losing his job if 1/50 students is offended by what he says, even if the other 49 are not o Amitay is not a fan of this type of thinking; he believes that it makes people weak and weak-minded o Furthermore, he contends that it weakens the fields of psychology, science, and sexuality Anorexia Nervosa, Domestic Violence, Christina Hoff Sommers, and Nancy K.D. Lemon - Though it may not seem like it on the surface-level, anorexia is a sex-related (male/female) illness; it also impacts individuals’ sexuality When we think of anorexia nervosa, we should think of body image Page | 2 Maha Naqi CPSY 621 19 September 2020 Amitay has many patients—mostly females, but also some males—who have great difficulty establishing healthy sexual relationships because of their unhealthy body image o Consequently, they are not able to be fully present during sex; they are fearful about how their body is being perceived or may be perceived by their partner and they are not able to fully engage in the experience They may unconsciously/unwittingly/unintentionally convey that fear or negative emotionality to their (prospective) partner(s) - Christina Hoff Sommers on Anorexia and Domestic Violence On YouTube, she calls herself the “Factual Feminist” She authored the book Who Stole Feminism? How Women Have Betrayed Women (1994) Amitay read this book when it first came out, and at first, didn’t like her; he saw her as a right-wing reactionary and she “rubbed him the wrong way” o However, as he dove into the book, he saw that she was, in fact, exposing many frauds of academic research (so-called “quackademia”) and some of the “lies of feminism” Early in her career (and in her book), Hoff Sommers criticized a Time magazine cover story that was dealing with anorexia; the front page had a picture of an anorexic woman next to a Holocaust victim, and said something along the lines of “man-made genocide on women” The story claimed that 150,000 women died of anorexia in the United States every year; they did so without any corroborating evidence or research o Hoff Sommers examine autopsy/coroner’s reports to ascertain the veracity of this claim; in every year she examined, the number of people who died of anorexia was <100 What accounts for this massive discrepancy? When confronted by Hoff Sommers, Time printed a small correction However, it must be noted that Hoff Sommers was not entirely honest herself—there is also an issue with her claim that the number of people who die of anorexia in the U.S. every year was <100 o One does not normally die of anorexia—at least, that is not what is noted in the coroner’s report The noted cause of death is not “anorexia”; it is usually something like pneumonia, kidney failure, etc., which is the result of the anorexia and the damage it inflicts on the physical body - Hoff Sommers did not acknowledge this—that many deaths that are not listed as being the result of anorexia may in fact have resulted from it o Thus, her given number of <100 is a misrepresentation or underrepresentation Hoff Sommers also criticized a March of Dimes study that stated that the number one cause of birth defects in America was domestic violence N.B.: March of Dimes is a reputable charitable organization in Canada and the United States The March of Dimes study was precipitated in part by a new focus on domestic violence as a social ill—that is, the issue is more thoroughly examined Page | 3 - Maha Naqi CPSY 621 19 September 2020 Hoff Sommers did not believe the findings of the study; she thought that the domestic violence explanation did not account for substance abuse, genetic abnormalities, etc. Hoff Sommers went to March of Dimes and asked them where they got their data o They produced a presentation that someone had written; the report mentioned domestic violence and mentioned that domestic violence is more examined than it was as a cause of birth defects (it is screened for more), but it did not say that it was more than all other factors Someone simply heard this, relayed the information incorrectly, and it ended up being published by March of Dimes and presented at professional conferences - People did not question this information because it fit the narrative that was being spread—that domestic violence is both terrible and rampant o While this is true, Amitay contends that it is counterproductive and disingenuous to make bad situations worse by presenting misinformation In conclusion, domestic violence is NOT the number one cause of defects and thus, also not more than all other causes combined Nancy K.D. Lemon An academic at Berkeley who wrote a book called Domestic Violence Law—it is the number one book used in law schools in the U.S. when teaching about the intersections of law and domestic violence The following statistic is mentioned in the book: “Between 20-35% of women seeking medical care in emergency rooms in America are there because of domestic violence.” o This statistic led the Penguin Atlas of Women in the World to rate the U.S. as low as Haiti and Uganda re: this issue o By contrast, the federal Centres for Disease Control and Prevention and the Bureau of Justice Statistics in the U.S. found that ~0.01-1% of women who attend emergency rooms do so due to domestic violence Nancy K.D. Lemon v. Christina Hoff Sommers Hoff Sommers said that she wrote to K.D. Lemon citing the aforementioned federal stats—that 0.01-1% of women who attend emergency rooms do so due to domestic violence o The problem with Hoff Summers citing these statistics is that any time there is an official statistic it is usually an underrepresentation Indeed, any time there is an official statistic from an organization, and it does not explicitly say that the number is an underrepresentation because such numbers are frequently underreported (i.e., for sexual assault, domestic violence, etc.), the organization is acting in bad faith and trying to mislead In her response to Hoff Sommers, K.D Lemon stated that the CDC stated that the numbers were sometimes as high as 37%, so she in fact undersold the problem o Amitay contends that this response makes K.D. Lemon either unintelligent or deceptive because the original claim in her book was Page | 4 Maha Naqi CPSY 621 19 September 2020 that up to one-third of all women who presented in U.S. emergency rooms were there for domestic violence/intimate partner violence However, the CDC statistic that K.D. Lemon was citing actually referred to women who suffered from one or more violent injuries and presented in the ER, not all ER visits Thus, the ~37% CDC figure was a measure of women coming into the ER with violent injuries that were attributed to domestic violence, rather than some other kind of trauma (i.e., a car accident) Clearly, women end up in the ER for lots of reasons, including pregnancy, etc. ~40 million women go to the ER each year in the U.S. - Thus, if it was truly 20-35% of woman as K.D. Lemon suggested, that would mean that 8-14 million women were presenting in the ER due to domestic violence - By contrast, the CDC says that 550,000 women attend the ER each year for violence-related injuries in general - Using K.D. Lemon’s stats (20-35%), this would mean that, in fact, 110,000-192,000 women were presenting in the ER due to domestic violence - Clearly, this is a huge discrepancy (8-14 million vs. 110,000-192,000) Thus, if we look at the stats, it seems that 0.05% of all ER visits are due to domestic violence, not 20-35% o This means that that “only” 110,000-192,000 women are presenting in the ER due to domestic violence, not 8-14 million The problem with this statement is that that is still a lot of women! The word “only” should never come before “110,000+ seeking ER treatment for domestic violence” - This is why misinformation is such a problem, and why Amitay is so critical of people who present it - According to Amitay, when academics (or “quackademics”), researchers, policymakers, advocates, etc. present false information, it does more damage to the cause that they are promoting than anything else This is because most people out there are black-and-white, non-critical thinkers; they will assume either that the person advancing this information: (i) made a mistake, or (ii) lied to them Consequently, they will believe that the numbers—be they about anorexia, domestic violence, or any other issue—are not nearly as bad as is being said o The paradox of this is that people then stop caring about serious societal and public health issues that require our attention and efforts; especially if they feel they were lied to, people will get defensive and be unwilling to hear accurate information o In Amitay’s view, reducing the scope and impact of these social ills is necessary, but it cannot be done if the work is premised on falsehoods or fantasies What is the rate of false reporting of sexual assault by women? - That is, “What percentage of women who claim to have been sexually assaulted are lying?” Page | 5 Maha Naqi CPSY 621 19 September 2020 While some studies show 0.01%, other show 80-90% There is only one correct answer to this question—we don’t know Thus, anyone who advances stats like the ones above, be they extremely low or extremely high, is acting in bad faith Such statistics beg the question—how does one quantify false claims? Studies like the ones that show extremely high rates of false reporting (80-90%) determine false claims by failure to prosecute or convict o In Amitay’s view, this is unconscionable and people who determine statistics about false reporting this way is acting in bad faith because sexual assault is one of the most difficult claims to prove As a result, prosecution and conviction rates are very low compared to other crimes All this being said, there are a few ways that we can arrive at numbers re: sexual assault Run a study wherein you survey university students, asking them “Have you ever been sexually assaulted? Have you reported it?” This would yield specific numbers on rate of reporting, but not what percentage of people were sexually assaulted and did not report o Thus, it is the same answer as above—we don’t know Perform a random phone survey Are you calling people on their cellphones? Landlines? How does this impact demographic spread? Moreover, individuals are unlikely to be forthcoming about the details of their most traumatic experiences to a stranger on the phone, which undermines accuracy o Imagine calling someone who is a survivor of sexual assault and asking them, “Have you ever been sexually assaulted? Have you reported it?” Do we really believe that someone who has not reported it, for whatever reason, is going to participate in a survey and admit, “Oh yeah, I haven’t told anyone else, but I’ll tell you”? Examine official statistics As aforementioned, we know that this is going to be underrated, and thus, inaccurate - Generally speaking, the majority of subjects for human sexuality studies and psychology studies are firstyear psychology students, because they are a large and readily available research pool - According to Amitay, using university students for research is bad practice for a few reasons People in this age range (17-18) may be immature and lacking in life experience, selfknowledge, or general understanding of the world around them; they are thus, not comparable to people in other age cohorts Moreover, research shows that university students are not demographically representative of the population In theory, university students are smarter than the average person, more verbal, interpret questions differently/in more nuanced ways than laypeople, (historically) more likely to achieve success/have a better future, and more likely to be white irrespective of the wider population’s racial makeup (in Amitay’s experience, this is less true in Toronto than in most U.S. schools) o Thus, using university students as a good indicator of what the general population is like is nonsensical Page | 6 Maha Naqi CPSY 621 19 September 2020 Rates of sexual harassment in high school and university - There are many studies on this subject; Amitay drew attention to two during class 1. Dalhousie University study 2. Toronto High School study – Dr. Debra Pepler Dr. Peplar is a clinical psychologist and researcher at York University; she has done considerable work on teens, bullying, aggression, and other forms of violence, namely, sexual assault, and is considered an expert in these areas In this study, she found the same number of students reporting sexual harassment in high school as in university, based on the Dalhousie study The question asked was “Have you ever been sexually harassed by a teacher/professor/co-student?” o The answer that Dr. Pepler got and reported was 75% (N.B.: Amitay says that other studies have numbers ranging from 25-40%) o What is key here is how you choose to define “sexual harassment” The reason that the number is so high in the Peplar study (75%) is due to overly loose or poor operational definitions; in other words, the definition of sexual harassment in this case was extremely broad - Technically, an operational definition is how you assess or measure something o To Amitay, an operational definition should include a clear explanation of what you are assessing/measuring and how you are going to measure it (i.e., “Here’s what we’re studying and here’s how to evaluate it.” N.B.: Calling someone a slur like fag, dyke, lezzie or saying they are queer/gay in a derogatory way is ugly and ignorant, but it is not sexual harassment necessarily (but it can inflate the numbers). - e.g., Imagine you are doing a survey and it says, “Have you ever been called a fag? Gay? Queer?” o It's very likely that there would be a high positive response rate to this question because that is something that many high school students have experienced (i.e., “That’s so gay!” “Your shoes are so gay!”) - N.B.: It can be sexual harassment if someone is LGBTQ+ and someone is harassing them about it; it may also be a hate crime. In conclusion, if we are going to do research on terrible phenomena like sexual harassment, we should not jack up the numbers by using poor (read: overly broad) operational definitions o Similarly, even if tighter operational definitions yield smaller numbers (i.e., 20%, 30%, 40%, etc.), we should not downplay the significance of numbers even that high - Question: “How many women are raped in their lifetime?” One answer commonly given is 25%–is this accurate? - Case Study I: A professor says to a female student, “Nice breasts.” Is that sexual harassment? Yes, this is a black-and-white example of sexual harassment Page | 7 - Maha Naqi CPSY 621 19 September 2020 There is an obvious power differential between the two parties here and it is inappropriate in pretty much every conceivable circumstance Case Study II: A professor says to a male student, “Nice pecs.” Is that sexual harassment? In this case, the answer is less obvious to most people This begs the question, “Why is it that saying ‘nice breasts’ to a female student is clearly sexual harassment, but saying ‘nice pecs’ to a male student is not as clear? Why the double standard?” While pecs are not as sexualized in our culture as breasts, there is still an argument to be made that a strong male chest can be sexualized o What if the same professor said, “nice six-pack”? N.B.: In the class, people made certain assumptions about the sex of the professor relative to that of the students in these scenarios, as well as everyone’s sexual orientations (i.e., heterosexual); none of these were ever stated. Amitay drew attention to this because it is an example of people’s schemata being triggered When people hear certain words, scenarios, etc., it automatically triggers their schema/schemata—essentially, everything that someone perceives about something (i.e., cognitive, emotional, physiological connections, etc.) Mary Koss (1987) Research on Rape o A researcher who did an extremely famous study which is cited in many sociology and psychology texts, including this class’s textbook o It was her research that led to the widely cited statistic that 25% of college students will be sexually assaulted/raped (N.B.: Back then, they used the term “rape”) i.e., Take Back the Night campaigns wherein marchers chat “1 in 4,” etc. o Questions from study: The following three (3) questions detail clear-cut examples of rape/sexual assault: 1. Have you ever had sexual intercourse when you did not want to because a man threatened or used some degree of physical force, like twisting your arm, holding you down, etc.? 2. Have you had sexual intercourse when you didn’t want to because you were mentally or physically incapacitated by alcohol or other drugs? 3. Have you had sexual intercourse when you didn’t want to because a man used his position of authority to make you? The following (2) questions are NOT clear-cut examples of rape/sexual assault: 4. Have you ever has sexual intercourse when you didn’t want to because you were overwhelmed by a man’s continual arguments and/or pressure? o According to Amitay, if the man in question pesters someone and then they say, “yes,” that is not rape; it may be coercive/manipulative/toxic/pathetic, but it is not rape/sexual assault This changes, however, if the man pesters the person and presents a threat of some kind (i.e., “If you don’t have sex with me, I will show explicit images of you to your friends, family, etc.”) 5. Have you ever had sex when you didn’t want to because a man gave you alcohol or other drugs? Page | 8 o Maha Naqi CPSY 621 19 September 2020 No—the question does not say that the woman was drugged (i.e., “roofied”) or plied with alcohol or drugs to the point of intoxication/incapacitation o Koss did a study before this study where she only asked the first three questions According to Amitay, Koss felt that the numbers were too low As a result, she added the fourth and fifth questions, which consequently inflated the numbers to the frequently cited 25% figure o Out of the 25% of who said “Yes” to any of the five points, only 27% of them said, “Yes, I was raped,” when the question said, “Do you consider this rape?” 27% of 25% is 6%, which, of course, is still very bad This is yet another example of someone providing misleading information using questionable methodology because they are trying to advance an agenda, and doing more harm than good This discrepancy was exposed by Hoff Sommers o She also found that the majority of women who were “supposedly” raped were still with their partners Koss responded to Hoff Sommers by saying that the women who said that they were not raped did not know that what they experienced was rape o Hoff Sommers responded that Koss’s response is extremely insulting to these women because it implied that they were too stupid to know if they were raped or not However, it is well-worth noting that, until the early- to mid-80s, the concept of “date rape” did not exist in the public consciousness o Hoff Sommers knew this when she was challenging Koss’s work in the 90s Thus, while Amitay appreciates Hoff Sommers for exposing the flaws in Koss’s study, he is displeased that she denied the fact that many of the women in this study may have genuinely been raped and not seen it as such because, at that time, the prevailing mindset was that you could not be raped by your partner - Thus, the fact that some of these women were still with their partners was not evidence that they were not raped Moreover, there are lots of people who, even today, are unsure about whether their experiences constitute sexual assault or rape - This gives further credence to the idea that a person can experience rape or sexual assault and not see it as such Case Study III: Imagine you're with somebody. You're on your 5th date with them. From the first date, you have been physical intimate. Every subsequent date brought additional physical intimacy. It's late into your fifth day and the two of you are being physically intimate at one of your homes. This is the most physical intimacy you've shared so far. You go a little bit further than last time and you've been progressing steadily over the course of the night. Suddenly, your partner hesitates slightly. You realize this. As a human being whose goal biologically and psychologically is to progressed your cause sexually, Page | 9 Maha Naqi CPSY 621 19 September 2020 how do you go about trying to get to that next stage tried, given that you were just gently rebuffed? When and how do you do it? o Typical “under 35” answer: Stop immediately, check in with partner re: their comfort, have a conversation about what is making them potentially uncomfortable, etc. In Amitay’s view, the narratives that younger people have been taught about consent are not based in the reality re: what sexual relationships are actually like, are artificial, stilted, and unnatural, etc. The response to this is, “Isn’t that gaining explicit consent?” o According to Amitay, it is, but there are other ways of gaining consent and that’s where the problem lies, because consent can be implied; the obvious problem with this is that would-be sexual assaulter might turn around and say, “Person A smiled at me, which I took to be consent to sexual activity.” o Typical “40+” answer: Back off, wait a few minutes, and then try again; go back to the actions where they were comfortable, stay there for a bit, and then try again—in sum, re-attempt and see if the response is the same According to Amitay, in sexual situations, if you continue to try and advance your cause in a tentative, respectful manner, that does not constitute sexual assault (assuming that you have already received some level of consent for physical sexual touch) Amitay then cites the “first kiss” example o While some people might ask for explicit verbal consent, many others would probably just “go for it” Amitay suggest that technically, going into that first kiss , if you don't receive explicit consent you are breaching more of an interpersonal physical boundary then if you already had consent established for physical sexual contact and they try to go further - Thus, Amitay suggests that it is important to examine our own thoughts and behaviours critically and to distinguish between acts of genuine sexual breach and prevailing narratives about the nature of consent One major takeaway point from the above discussion is that many people are unclear on what consent looks like and that different people approach consent differently o According to Amitay, only a few years ago, most people agreed that it was NOT necessary to get explicit verbal consent during the progression of a sexual relationship All one had to do was progress in a certain way—sometimes quickly, sometimes slowly—and make sure that the person seemed OK with it i.e., If two sober people are engaging in sexual activity and neither partner shows any type of distress or discomfort, and they seem both involved and engaged, that would constitute implicit sexual consent o If, as in Case Study III, Person A went a bit too far than Person B was either wanting or expecting at the time, most people would stop for a bit , but then they would try again tentatively to see if they could advance their sexual costs According to Amitay, this is not sexual assault Moreover, according to Amitay, it is a common part of the sexual script (how we expect things to play out in various contexts) in many cultures for a woman—whether she's with a woman or man—to play a little bit coy, or show some token amount of Page | 10 Maha Naqi CPSY 621 19 September 2020 resistance, even if she is aroused and happily engaged in sexual activity with her partner - Of course, this changes completely if the person explicitly says, “No” In the 1990s in Canada, the laws re: sexual assault and consent changed o The law evolved from a person having to clearly and explicitly say “No,” and have that “No” ignored for a sexual assault to have occurred In other words, before the law changed, if Person A had sex with Person B against their will, but Person B did not verbalize “No” explicitly, a sexual assault had not occurred Until 2008-2009, the age of consent in Canada was 14; at this time, it was raised to 16 o That is, if a person was 14-years-old they could have sex with anyone they wanted , as long as their sexual partner was not in a position of authority or power (i.e., a teacher , counselor, police officer, etc.) or a member of their family (no incest) In cases where the partner was in a position of authority, the age of consent increased to 18; this is still the case today o Technically, the age of consent in Canada is actually 12 years old, so long as the partner is not more than 2 years older i.e., A 12-year-old can have sex with someone 12-14 years of age. i.e., A 13-year old can have sex with someone 12-15 years of age. o Similarly, 14 and 15 year-olds can have sex with someone who is not five years older i.e., A 14-year-old can have sex with someone up to 19 years of age. i.e., A 15-year-old can have sex with someone up to 20 years of age. o However, until the year 2019, the age of consent to engage in anal sex was 18 years of age Effectively, what this means is that a 16-year-old can have consensual penile-vaginal intercourse under the law , but the same 16-year-old would have been in violation of the law if they had anal sex to which they consented It is also worth noting, that Amitay has not come across any case of a heterosexual couple being charged for engaging in anal sex in Canadian legal literature o Until 2019, a 19-year-old man could legally have penile-vaginal sex with a 14-year-old girl, but could not legally do the same with a 14-year-old boy Given all this, between the years of 2003-2019, Canada technically discriminated more against certain gay people than the U.S. did; the Canadian buggery laws were still on the books Up until 2019, anal sex was also illegal (under section 159 of the Criminal Code) if more than two persons were present in the room, unless sex was being filmed for commercial purposes This, naturally, contributed to raids on bathhouses, which many times were made of large rooms which were partitioned, but still technically constituted one room o Thus, up until 2019, as long as the police knew that more than two people were having anal sex, it gave them the legal right at any time, any day to engage in a raid based on the fact But criminal activity was occurring Sodomy and Buggery Page | 11 o o o o o o Maha Naqi CPSY 621 19 September 2020 In class, Amitay discussed the wide variation in penalties for the crime of sodomy in various U.S. states, up until the year 2003 (i.e., $200 fine to 20 years in prison) Sodomy is NOT just anal sex; it is technically defined as any non-reproductive sex (i.e., anal/oral, sex with animals, bestiality, zoophilia, necrophilia, pedophilia, etc.) In many of these states, there was a lesser penalty for oral sodomy i.e., In Michigan, the penalty for anal sex was 15 years, while the penalty for oral was five In Canada, the term for sodomy is buggery In the U.S. and in Canada especially, sodomy/buggery was only charged if the sex was coercive or if the sex was with a minor That is, there is no such thing as consensual buggery in Canada because that is legal; it is OK if you are into anal sex, oral sex, etc. Criminality only comes into play if a person is coerced into the act or if they are too young to consent to it In the states of Kansas, Montana, Nevada, Arkansas, the list of penalties has the notation “H” next to it, meaning that they only applied to homosexual activities; this is clear example of codified legal discrimination on the basis of sexual orientation Indeed, according to Amitay, there are no cases in which two consenting adults engaging in non reproductive sexual activity were charged with sodomy Even though these states had anti-sodomy laws, they applied only to homosexuals, cases of coercion, and cases involving a minor In the year 2003, the U.S. got rid of their state sodomy laws This was precipitated by the landmark decision of the U.S. Supreme Court in Lawrence v. Texas Facts of the Case: In 1998, John Geddes Lawrence Jr. was arrested along with an acquaintance at his apartment in Harris County, Texas, when sheriff's deputies found them engaging in sexual intercourse. Lawrence and his partner, Tyron Garner, were charged with a misdemeanor under Texas' anti-sodomy law; both pleaded no contest and received a fine. The Supreme Court ruled that U.S. laws prohibiting private homosexual activity, sodomy, and oral sex between consenting adults are unconstitutional. o The Court reaffirmed the concept of a "right to privacy" that earlier cases, such as Roe v. Wade, had found the U.S. Constitution provides, even though it is not explicitly enumerated. o The Court based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of noninterference with private sexual decisions between consenting adults. While the case gave individuals federal cover (i.e., any charge that was appealed to the federal level would be struck down), many of the states that had state anti-sodomy laws still have them on the books Until the year 1982, married women could not be raped by their husbands under Canadian law o Furthermore—and even more shockingly—until the same year, men could not be raped under Canadian law, period Page | 12