Deck 20: Sex and the Law

Question 1

Which of the following is a challenge to the use of law to regulate morality?

A)Determining the role of the church in regulating morality
B)Delegating executive powers to other community bodies
C)Arriving at a consensus about which morals should be codified into law
D)Determining rehabilitative procedures for the victims of sexual exploitation

Answer 1

C

Question 2

What distinguishes the U.S.law on sexuality from that of England?

A)The U.S.law is sanctioned by a consortium of religious bodies.
B)The Church is historically tied to the state in the U.S.
C)The U.S.law is sanctioned by a secular government.
D)The Vatican has veto power on any U.S.law pertaining to sexuality.

Answer 2

C

Question 3

Identify the legal hurdle that exists in some American states in order to prosecute a spousal rape case.

A)The act must occur more than once in order for the victim to bring charges.
B)The act must be accomplished while the victim is unconscious.
C)There is a shorter time limit for reporting the rape to authorities.
D)The lack of consent is not required to bring charges.

Answer 3

C

Question 4

Which of the following has historically been a rationale behind enacting sex laws?

A)To give sexual minorities the right to live openly and without discrimination
B)To allow more freedom of sexual expression
C)To protect the family as the principal unit of the social order
D)To remain neutral in matters involving the attainment of sex through coercion and exploitation

Question 5

Fornication refers to:

A)any act of sexual intercourse for the purpose of reproduction.
B)any act of sexual intercourse specifically not for reproduction.
C)sex occurring between two married people.
D)sex occurring between two unmarried people.

Question 6

Religious beliefs as to what is "unnatural," "immoral," or "sinful" have found expression in laws relating to sexuality.Which of the following sex laws would illustrate this point?

A)The laws against larceny
B)The laws against arson and battery
C)The laws against homosexual acts
D)The laws against robbery and assault

Question 7

By threatening her with bodily harm, Philip forces his wife to have sex with him.This is considered:

A)a crime in all 50 states.
B)a legal act since the partners are married.
C)an act of statutory rape.
D)an incestuous act.

Question 8

When the crime of rape is examined, the principal issue in the past as well as today is:

A)the age of the victim.
B)the past behavior of the victim.
C)the past behavior of the perpetrator.
D)consent and how it is defined.

Question 9

_____ is defined as "nonconsensual oral, anal, or vaginal penetration, obtained by force, by threat of bodily harm, or when the victim is incapable of giving consent."

A)Sodomy
B)Incest
C)Exhibitionism
D)Rape

Question 10

It is not a criminal offense for Brian to engage in sexual intercourse with a prostitute.However, he can be penalized if he is seen paying a prostitute for sex.This can be described as the application of the _____.

A)Victorian compromise
B)sexist double standard
C)principle of parsimony
D)Victorian reform

Question 11

According to the Victorian compromise, in which of the following cases will the sexual activity be penalized in America?

A)Rhonda and Will who have been dating for 2 months and frequently have sex in one of their apartments.
B)Jason and Wendy who have been having a secret affair which they have managed to hide from their spouses.
C)Jake and Bruce who have been in a relationship for 3 years and their social circle has accepted their homosexuality with ease.
D)Paul who was seen bargaining with Carol, a prostitute, in a red-light district in the city.

Question 12

What is the Victorian compromise?

A)The treaty between the U.S.government and the church regarding sexual legislation.
B)The charter issued by the Vatican on laws relating to sexual morality.
C)The criminalization of visible conduct as opposed to criminal behavior.
D)The inclusion of women legislators in the formulation stage of laws on morality.

Question 13

What is the outcome of the pluralism prevalent in the American society on sexual legislation?

A)Sexual conduct is largely left unregulated in the American society.
B)The U.S.criminalizes more sexual conduct than other developed countries.
C)All possible sexual conduct is legalized to accommodate the diversity in the population.
D)There is a pressing need to standardize legislation on morality.

Question 14

Why does the U.S.Constitution separate the church and the state?

A)To take power away from institutionalized religions because they are inherently corrupt
B)To prevent one religious group from imposing its beliefs on others
C)To ensure that all citizens follow a single state religion
D)To ensure that the Judeo-Christian traditions are codified into law

Question 15

Which of the following legal hurdles exists, in certain states, in the prosecution of spousal rape?

A)The time limit for reporting the crime to the authorities is longer.
B)The act must be accomplished by force or threat of force.
C)The act must occur within a year of marriage.
D)The victim must prove that there was no provocation that could justify the crime.

Question 16

In the past two decades, there has been a movement to view crimes like rape and sexual relations with children not so much as sex crimes but as crimes of _____.

A)incest and adultery
B)violence and victimization
C)arson and larceny
D)solicitation and debauchery

Question 17

According to the Victorian compromise, which of the following activities will be considered illegal?

A)The act of having sex with someone who is married
B)The act of openly soliciting sexual activity in exchange for goods and services
C)The act of engaging in sexual intercourse with prostitutes
D)The act of consensual sex between unmarried couples which is likely to result in out-of-wedlock births

Question 18

Sexual legislation dates back to the time of the:

A)Hebrew Bible.
B)Stone Age.
C)landing at Plymouth Rock.
D)Renaissance.

Question 19

Sex laws seek to ensure that children have a supportive family.This leads to the prohibition of conduct such as _____.

A)fornication
B)homosexuality
C)exhibitionism
D)voyeurism

Question 20

Motivations behind certain sexual laws are probably legitimate and necessary.Which of the following realms of motivation behind creating sexual laws could be highly problematic?

A)The protection against force or coercion to secure sexual gratification
B)The protection of society's morals
C)The protection of the immature against sexual exploitation
D)The prevention of incestuous sexual relations

Question 21

In many American states, the punishment for incest is more severe when the:

A)victim has given his or her consent.
B)victim is closely related to the offender.
C)offender is a third-degree relative.
D)offender is mentally challenged or deemed insane.

Question 22

There is a lack of consensus among the 50 states about which of the following elements of adultery?

A)Whether marriage is a pre-condition for the guilty partner
B)Whether sexual intercourse is a precondition for adultery
C)Whether a single incident sufficiently constitutes adultery
D)Whether the Victorian compromise applies to adultery

Question 23

In 1986, 24 states had laws against sodomy.In 2003, the U.S.Supreme Court:

A)ruled that such laws are an unconstitutional invasion of privacy.
B)validated the sodomy laws that remained in the legal codes in 13 states.
C)revised these laws such that they would work to exempt gays in general.
D)ruled that it would become illegal to enforce them only against lesbians.

Question 24

Which of the following describes the legal status of adultery in the United States?

A)Adultery has basically been eliminated as grounds for divorce across the United States.
B)Adultery carries no penalties in most states.
C)Adultery has increased so much in the last decade that most states have reacted by rescinding the laws stating that it can be a reason for divorce.
D)Adultery is a crime in 23 states and the District of Columbia, and is grounds for divorce in almost every state in the United States.

Question 25

Which of the following is true regarding laws against cohabitation?

A)These laws make cohabitation illegal in all 50 states.
B)These laws are rarely enforced but they have been used in some child custody cases.
C)These laws are strictly enforced in all states in an effort to prevent rampant illegitimacy.
D)These laws are justified on the grounds of preventing adultery.

Question 26

with any female under a certain age is, by definition, illicit because she cannot give genuine consent."

A)Statutory rape
B)Prostitution
C)Incest
D)Adultery

Question 27

18-year-old Jerry has sex with his girlfriend who is aged 15.This is considered as _____.

A)adultery
B)statutory rape
C)sodomy
D)incest

Question 28

Ted has intercourse with Julia, a married woman.This can be classified as _____.

A)cohabitation
B)adultery
C)sodomy
D)incest

Question 29

Jake has been living with his girlfriend Sheila for almost two years.They share responsibilities as a family and also regularly engage in sex.Their case is an example of _____.

A)sodomy
B)cohabitation
C)statutory rape
D)spousal rape

Question 30

Sexual relations between a brother and a sister would be considered as _____.

A)incest
B)statutory rape
C)sodomy
D)adultery

Question 31

_____ is defined as intercourse involving persons at least one of whom is married to someone else.

A)Sodomy
B)Cohabitation
C)Statutory rape
D)Adultery

Question 32

Which of the following is true regarding crimes of exploitation and force?

A)Rape of a spouse is not considered a crime in most states.
B)Adultery laws seek to prevent the genetic problems of inbreeding.
C)Most laws do not differentiate the criminality of statutory rape based on the age of the male.
D)In cases of nonspousal rape, a lack of consent is often sufficient to bring charges.

Question 33

The term "carnal knowledge of a juvenile" is more commonly known as:

A)showing pornography to someone under 18.
B)statutory rape.
C)a child seeing his or her parents having sex.
D)adultery.

Question 34

Sexual relations between persons closely related to each other is defined as:

A)rape.
B)statutory rape.
C)sodomy.
D)incest.

Question 35

Which of the following is an issue that arises with defining adultery?

A)Whether both parties or only the married individual is guilty
B)Whether both parties provided consent
C)Whether the married individual has children
D)Whether one of the parties received payment for having intercourse

Question 36

_____ refers to unmarried persons living together, with sexual relations assumed.

A)Cohabitation
B)Incest
C)Pederasty
D)Statutory rape

Question 37

Which of the following has been used as a justification for outlawing cohabitation in certain states?

A)Prevention of incest
B)Prevention of child abuse
C)Prevention of illegitimacy
D)Prevention of statutory rape

Question 38

Which of the following acts will come under the category of child molestation?

A)Beating a child occasionally to discipline him
B)Restricting a child's access to television and the Internet
C)Preventing a child from going to school
D)Having a child witness sexual intercourse

Question 39

Which of the following statements about statutory rape is true?

A)All states have laws against statutory rape.
B)The law assumes that all intercourse between an adult and a juvenile is illicit, unless consent is provided.
C)The "age of consent" is the same for males and females.
D)The laws about statutory rape are the same in all 50 states.

Question 40

_____ laws seek to prevent the alleged genetic problems of inbreeding.

A)Spousal rape
B)Adultery
C)Sodomy
D)Incest

Question 41

Which of the following rights, adopted at the 14^th World Congress of Sexology, specifically refers to freedom from all forms of discrimination regardless of sex, gender, sexual orientation, and so on?

A)The right to sexual privacy
B)The right to sexual autonomy
C)The right to sexual choice
D)The right to sexual equity

Question 42

Entrapment is most often associated with:

A)crimes of force.
B)crimes of taste.
C)criminal consensual acts.
D)crimes against procreation.

Question 43

Which of the following sexual rights protects an individual's right to engage in autoeroticism?

A)The right to emotional sexual expression
B)The right to sexual pleasure
C)The right to sexually associate freely
D)The right to sexual equity

Question 44

Which of the following universal sexual rights, adopted at the 14^th World Congress of Sexology, specifically deals with the right for individual decisions and behaviors about intimacy as long as they do not intrude on the sexual rights of others?

A)The right to emotional sexual expression
B)The right to sexual pleasure
C)The right to sexual equity
D)The right to sexual privacy

Question 45

Which of the following universal sexual rights, adopted at the 14^th World Congress of Sexology, encompasses control and enjoyment of our own bodies free from torture, mutilation, and violence of any sort?

A)The right to make free and responsible reproductive choices
B)The right to sexual information based upon scientific inquiry
C)The right to sexual autonomy, sexual integrity, and safety of the sexual body
D)The right to sexual equity and the right to emotional sexual expression

Question 46

According to the text, voyeurism falls under the category of:

A)crimes against community standards of good taste.
B)criminal consensual acts.
C)crimes of community standards of exploitation.
D)crimes against procreation.

Question 47

According to the text, exhibitionism falls under the category of:

A)crimes of community standards of exploitation.
B)criminal consensual acts.
C)crimes against community standards of good taste.
D)crimes against procreation.

Question 48

Halle and her boyfriend live in Texas, after the repeal of the sodomy law.While having anal sex, they preferred keeping the windows open, inadvertently revealing the whole act to some of their neighboring apartments.In this scenario, their conduct could be interpreted as:

A)obscene in the pornographic sense.
B)a crime against community standards of good taste.
C)a crime against reproduction.
D)an act of spousal rape.

Question 49

The right to _____ encompasses the possibility for individuals to express their full sexual potential, but excludes all forms of sexual coercion, exploitation, and abuse at any time and situations in life.

A)sexual freedom
B)sexual autonomy
C)sexual equity
D)sexual pleasure

Question 50

Alfred has anal intercourse with David.In legal terms, this act is defined as _____.

A)fornication
B)sodomy
C)adultery
D)fellatio

Question 51

When Americans were asked in 2008 about specific issues and gay rights, the issue that they most supported was:

A)equal rights in terms of legally sanctioned gay marriages.
B)health insurance and other employee benefits for gay spouses.
C)equal rights in terms of housing and of serving in the military.
D)adoption rights for gay spouses.

Question 52

After the Clinton administration adopted the "Don't ask, don't tell" policy, military authorities were restricted from asking about a person's sexual orientation and non-heterosexuals could not make their orientation public.This standard is reminiscent of _____.

A)the Victorian compromise
B)Judeo-Christian mores
C)"New age" morality
D)Protestant morality

Question 53

Identify the sexual right which means that individuals have the right to marry or not marry, to divorce, and to establish other types of responsible sexual relationships.

A)The right to comprehensive sexuality education
B)The right to sexual equity
C)The right to sexually associate freely
D)The right to sexual health care

Question 54

Obscenity is considered to belong to the category of crimes:

A)against good taste.
B)of commercial sex.
C)of exploitation.
D)against procreation.

Question 55

In almost every jurisdiction in the United States, sex is illegal:

A)when interests of gain are involved.
B)between two heterosexuals over the age of 18.
C)when money is directly exchanged for sex.
D)when two consenting homosexuals have anal sex.

Question 56

When Americans were asked in 2008 about specific issues and gay rights, the issue that received the least support was:

A)equal rights in terms of legally-sanctioned gay marriages.
B)health insurance and other employee benefits for gay spouses.
C)equal rights in terms of job opportunities.
D)adoption rights for gay spouses.

Question 57

Hayden routinely exposes his genitals to women in a public park.He feels sexually aroused by the shock he induces among the women.His actions would be considered:

A)criminal commercial sex.
B)a crime against reproduction.
C)a crime against good taste.
D)a criminal consensual act.

Question 58

An undercover police officer poses as a client and solicits sex from a prostitute.The prostitute is then arrested for her actions.This can be described as _____.

A)entrapment
B)decriminalization
C)rape
D)harassment

Question 59

In some states, laws originally defined _____ very broadly as "crimes against nature" or "deviate sexual intercourse."

A)adultery
B)fornication
C)vaginal intercourse
D)sodomy

Question 60

In a certain state, abortion has been made illegal.Which of the following sexual rights is being encroached upon in this state?

A)The right to make free and responsible reproductive choices
B)The right to sexual information based upon scientific inquiry
C)The right to sexual freedom
D)The right to sexual equity

Question 61

In the case of Williams et al.v.Pryor, the court ruled unconstitutional the Alabama law that prohibited distribution of "any device...for the stimulation of human genitals." The plaintiffs had shown that the use of such devices for the stimulation of human genitals was protected under the right of:

A)sexual freedom.
B)self-gratification.
C)sexual privacy.
D)sexual choice.

Question 62

The real problem in most jurisdictions regarding crimes of obscenity is:

A)catching people who buy obscene material.
B)deciding precisely what is legally obscene.
C)determining the age of the individuals involved.
D)identifying locations that sell such material.

Question 63

Removing an act from those prohibited by law is referred to as _____.

A)absolution
B)decriminalization
C)institutionalization
D)legalization

Question 64

The American Law Institute's Model Penal Code recommended decriminalizing:

A)pedophilia.
B)consenting adults' private sexual behavior.
C)indecent exposure and/or public nuisances.
D)prostitution.

Question 65

Legal censorship of erotic materials is considered by some to be at odds with the _____ Amendment.

A)First
B)Fifth
C)Fourteenth
D)Fifteenth

Question 66

American states are more likely to reform their sex laws as part of a complete overhaul of their criminal codes rather than make specific repeals of such laws.This is because:

A)legalization involves simply revising legal definitions.
B)decriminalization forces the state to take sides on an issue.
C)legalizing unconventional sexual practices can cause people to accuse the state of condoning those acts.
D)legalizing unconventional sexual practices is morally neutral, and therefore, it leads to less public backlash.

Question 67

One of the most celebrated "equal protection" cases in the 1990s that resulted in a positive judgment for gays and lesbians was:

A)Romer v.Evans, which declared unconstitutional a Colorado law prohibiting antidiscrimination laws or policies favoring homosexuals.
B)Bowers v.Hardwick, which supported the law against sodomy in Georgia.
C)Roe v.Wade, which supported the "right to personal privacy" of the woman.
D)Baehr v.Lewin, which declared unconstitutional the marriage between two gays.

Question 68

In the 1973 case of Miller v.California, the provision that allows the local community to determine what is obscene is referred to as:

A)religious morality.
B)social ethical categories.
C)contemporary community standards.
D)ethical community standards.

Question 69

The decision in Roe v.Wade made a woman's right to _____ nearly absolute.

A)abortion in any trimester
B)first-trimester abortion
C)second-trimester abortion
D)third-trimester abortion

Question 70

What could be the only conceivable end served by criminalizing sexual acts performed by consenting adults?

A)Protection of public morals
B)Protection of unsuspecting victims
C)Protection of innocent bystanders
D)Protection against sexist advances

Question 71

Compared to legislation, the more fruitful approach against pornography is to:

A)educate the community on the negative effects of pornography.
B)form community groups to identify and report such acts or businesses.
C)restrict access to such places or services through increased taxes.
D)regulate or eliminate its sale through the use of zoning ordinances.

Question 72

The Supreme Court case of _____ invalidated a state law under which a physician was prosecuted for providing contraceptive information to a married couple.

A)Roe v.Wade
B)Webster v.Reproductive Health Services
C)Griswold v.Connecticut
D)Williams et al.v.Pryor

Question 73

The case in which the Supreme Court decided that obscenity was not protected by the First Amendment was:

A)Miller v.California.
B)Eisenstadt v.Baird.
C)U.S.v.Roth.
D)Griswold v.Connecticut.

Question 74

The main criterion for a "victimless crime" is that:

A)there is no crime.
B)the victim does not feel or perceive that whatever took place was a crime.
C)there is no perpetrator.
D)the act does no legal harm to anyone or provides no demonstrable victim.

Question 75

Which of the following statements is true of pornography?

A)Pornography excludes any explicit depiction of sexual activity and genitalia.
B)Pornography is protected by the Fifth Amendment in the U.S.
C)Pornography represents both suggestive and explicit sexual content, but is not illegal.
D)Pornography and obscenity were both outlawed by the Supreme Court in the 1957 Roth case.

Question 76

The legal challenges to laws or policies that discriminate against gays, lesbians, prostitutes, and other groups are usually based on the principle of:

A)equal protection.
B)right to privacy.
C)pursuit of happiness.
D)religious freedom.

Question 77

Which of the following statements correctly distinguishes pornography from obscenity?

A)Obscenity is divided into softcore and hardcore, whereas pornography lacks any such gradations or types.
B)Pornography is illegal, whereas obscenity is legal.
C)Pornography is legal, whereas obscenity is illegal.
D)Obscenity is protected under the First Amendment, whereas pornography is not.

Question 78

With the exception of _____, the American Law Institute follows the principle that private sexual behaviors between consenting adults are not the law's business.

A)prostitution
B)oral sex
C)homosexuality
D)adultery

Question 79

In the 1982 case of New York v.Ferber, the U.S.Supreme Court ruled unanimously that _____ is illegal.

A)same-sex pornography
B)home videos using hidden cameras
C)child pornography
D)pornography on the Internet

Question 80

The Roe v.Wade Supreme Court Decision in 1973 invoked the principle of:

A)equal rights of women.
B)the fetus being a person or ensoulment.
C)equal access to contraception.
D)right to privacy.