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Sexual Intimacy and Gender Identity 'Fraud' - Reframing the Legal and Ethical Debate (Paperback)
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Sexual Intimacy and Gender Identity 'Fraud' - Reframing the Legal and Ethical Debate (Paperback)
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This book is a legal and political intervention into a contemporary
debate concerning the appropriateness of sexual offence
prosecutions brought against young gender non-conforming people for
so-called 'gender identity fraud'. It comes down squarely against
prosecution. To that end, it offers a series of principled
objections based both on liberal principles, and arguments derived
from queer and feminist theories. Thus prosecution will be
challenged as criminal law overreach and as a spectacular example
of legal inconsistency, but also as indicative of a failure to
grasp the complexity of sexual desire and its disavowal. In
particular, the book will think through the concepts of consent,
harm and deception and their legal application to these specific
forms of intimacy. In doing so, it will reveal how cisnormativity
frames the legal interpretation of each and how this serves to
preclude more marginal perspectives. Beyond law, the book takes up
the ethical challenge of the non-disclosure of gender history.
Rather than dwelling on this omission, it argues that we ought to
focus on a cisgender demand to know as the proper object of ethical
inquiry. Finally, and as an act of legal and ethical
re-imagination, the book offers a queer counter-judgment to R v
McNally, the only case involving a gender non-conforming defendant,
so far, to have come before the Court of Appeal.
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