Barebacking and the ‘Cult of Violence’: Queering the Criminal Law

Ashford, Chris (2010) Barebacking and the ‘Cult of Violence’: Queering the Criminal Law. The Journal of Criminal Law, 74 (4). pp. 339-357. ISSN 0022-0183

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This article seeks to revisit the law in relation to the sexual phenomenon of barebacking. Drawing upon queer theory, the article seeks to evaluate critically the development of the criminal law in relation to the practice of ‘unsafe’ sex by men with other men, known as bare- backing, along with the broader casting of the judiciary as sexual custos mores. It will argue that the present heteronormative legal and cultural framework largely reflects a focus upon the ‘good gay’, de-sexed and constructed within a rights discourse, in contrast to Stychin’s ‘bad queer’, sexual and defiant of a narrow heteronormative rights agenda, and em- bracing ‘unsafe’ and ‘deviant’ sexual practices.

This article seeks to move the analysis of the criminal law on from the doctrinal debates that have dominated thus far, and onto a more theoret- ical exposition of the criminal law regarding barebacking as erotic play.

Item Type: Article
Subjects: Law > Criminal Law
Law > Law
Divisions: Faculty of Business, Law and Tourism > School of Law
Depositing User: Users 1204 not found.
Date Deposited: 03 Nov 2011 15:22
Last Modified: 02 Jul 2019 09:04

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