Sexual ethics

The Woman Taken in Adultery by Rembrandt depicts Jesus and the woman taken in adultery. Religion affects views on issues in sexual ethics, including adultery.

Many cultures consider ethics and morality to be intertwined with religion. Some acts that might be considered ethical or unethical from a religious standpoint include adultery, contraception, homosexuality, masturbation, promiscuity, various paraphilias and prostitution.

Christian denominations generally hold that sexual morality is defined by natural law, the Bible, and tradition.[4] In many cases, the Bible contains direct commandments or statements about specific sexual acts.

Marriage and procreation are key factors in Christian sexual ethics, particularly in the teachings of the Catholic Church.[5] Catholicism teaches that there is a universal human nature established by God, and that which disrupts God's natural plan for human beings is inherently wrong. This teaching stipulates procreation as the natural purpose of sexuality, and thus sexual activity not aimed toward procreation is prohibited. In Humanae vitae, the most recent Catholic encyclical, permanent monogamous marriage is stated as the only appropriate context for the fulfillment of moral sexuality.

St. Thomas Aquinas and St. Augustine were some of the key figures in honing Christian ethics. Augustine underlined fidelity, offspring, and sacrament as the core aspects of sexual morality.[4]

From a human rights and international law perspective, consent has become a key issue in sexual ethics. Nevertheless, historically, this has not necessarily been the case. Throughout history, a whole range of consensual sexual acts, such as adultery, fornication, interracial or interfaith sex, 'sodomy' (see sodomy laws) have been prohibited; while at the same time various forced sexual encounters such as rape of a slave, prostitute, war enemy, and most notably of a spouse, were not illegal. The criminalization of marital rape is very recent, having occurred during the past few decades, and the act is still legal in many places around the world - this is due to some not essentially viewing the act as rape. In the UK, marital rape was made illegal as recently as 1992.[6] Outside the West, in many countries, consent is still not central and some consensual sexual acts are forbidden. For instance, adultery and homosexual acts remain illegal in many countries.[7][8]

Many modern systems of ethics hold that sexual activity is morally permissible only if all participants consent. Sexual ethics also considers whether a person is capable of giving consent and what sort of acts they can properly consent to. In western countries, the legal concept of "informed consent" often sets the public standards on this issue.[9] Children, the mentally handicapped, the mentally ill, animals, prisoners, and people under the influence of drugs like alcohol might be considered in certain situations as lacking an ability to give informed consent. In the United States, Maouloud Baby v. State is a state court case ruling that a person can withdraw sexual consent and that continuing sexual activity in the absence of consent may constitute rape. Also, if infected with a sexually transmitted disease, it is important that one notifies the partner before sexual contact.[10]

Sexual acts which are illegal, and often considered unethical, because of the absence of consent include rape and molestation. Enthusiastic consent, as expressed in the slogan "Yes means yes," rather than marriage, is typically the focus of liberal sexual ethics.[11][12][13] Under that view passivity, not saying "No," is not consent.[14][15] An individual can give consent for one act of sexual activity, however, it does not condone proceeding into other acts of sexual activity without reestablishing consent.

The concept of consent being the primary arbiter of sexual ethics and morality has drawn criticism from both feminist and religious philosophies. Religious criticisms argue that relying on consent alone to determine morality ignores other intrinsic moral factors, while feminist criticisms argue that consent is too broad and does not always account for disproportionate power dynamics.[5][16]

Feminists aim to redefine feminine sexuality in this world. The primary concern of feminists is that a woman should have the right to control her own sexuality. The feminist position is that women's freedom of choice regarding sexuality takes precedence over family, community, state, and church. Based on historical and cultural context, feminist views on sexuality has widely varied. Sexual representation in the media, the sex industry, and related topics pertaining to sexual consent are all questions which feminist theory attempts to address. The debate resulting from the divergence of feminist attitudes culminated in the late 1970s and the 1980s. The resulting discursive dualism was one which contrasted those feminists who believed that patriarchal structure made consent impossible under certain conditions, whereas sex-positive feminists attempted to redefine and regain control of what it means to be a woman. Questions of sexual ethics remain relevant to feminist theory.[17][18][19][20][21]

Early feminists were accused of being 'wanton' as a consequence of stating that just as for men, women did not necessarily have to have sex with the intention of reproducing.[22] At the beginning of the 20th century, feminist authors were already theorising about a relationship between a man and a woman as equals (although this has a heterosexual bias) and the idea that relationships should be sincere, that the mark of virtue in a relationship was its sincerity rather than its permanence. Setting a standard for reciprocity in relationships fundamentally changed notions of sexuality from one of duty to one of intimacy.[22]

Age of consent is also a key issue in sexual ethics. It is a controversial question of whether or not minors should be allowed to have sex for recreation or engage in sexual activities such as sexting. The debate includes whether or not minors can meaningfully consent to have sex with each other, and whether they can meaningfully consent to have sex with adults. In many places in the world, people are not legally allowed to have sex until they reach a set age.[23] The age of consent averages around the age of 16.[24] Some areas have 'Romeo and Juliet' laws, which place a frame around teenage relationships within a certain age bracket, but do not permit sexual contact between those above or below a certain age.

Premarital sex is sexual activity between two people who are not married to each other. Usually, both parties are unmarried. This might be objected to on religious or moral grounds, while individual views within a given society can vary greatly.[37][38] In recent decades, premarital sex has increasingly become more socially and morally acceptable practice among Western cultures.[39]

Extramarital sex is sex occurring outside marriage, usually referring to when a married person engages in sexual activity with someone other than their marriage partner. Commonly there are moral as well as religious objections to sexual relationships by a married person outside the marriage, and such activity is often referred to in law or religion as adultery. Others call it infidelity or "cheating".

In contrast, there are some cultures, groups or individual relationships in which extramarital sex is an accepted norm. In today's western cultures some people practice "polyamory", otherwise known as responsible non-monogamy, or "open marriage". The ethical practice of this necessitates honest dialogue and consent of all those involved.

A billboard in Chad encouraging fidelity, abstinence, and condom use to help prevent AIDS

In countries where public health is considered a public concern, there is also the issue of how sex impacts the health of individuals. In such circumstances, where there are health impacts resulting from certain sexual activities, there is the question of whether individuals have an ethical responsibility to the public at large for their behavior. Such concerns might involve the regular periodic testing for sexually transmitted diseases, disclosure of infection with sexually transmitted diseases, responsibility for taking safer sex precautions, ethics of sex without using contraception, leading to an increased level of unplanned pregnancies and unwanted children, and just what amount of personal care an individual needs to take in order to meet his or her requisite contribution to the general health of a nation's citizens.

Legal and social dress codes are often related to sexuality. In the United States, there are many rules against nudity. An individual cannot be naked even on their own property if the public can see them. These laws are often considered a violation to the constitution regarding freedom of expression. It is said that common sense needs to be used when deciding whether or not nudity is appropriate. Nevertheless, Hawaii, Texas, New York, Maine, and Ohio allow all women to go topless at all locations that let men be shirtless. In California it is not illegal to hike in the nude, however it is frowned upon. Also in state parks it is legal to sunbathe in the nude unless a private citizen complains then you are to be removed from the premise by force if the individual doesn't comply. Breastfeeding in public is considered wrong and mothers are encouraged to either cover themselves in a blanket or go to the restroom to breastfeed their newborn. There are no actual laws that prohibit the action of breastfeeding in public except two places in Illinois and Missouri.

In ancient Athens, sexual attraction between men was the norm. In the Levant, however, persons who committed homosexual acts were stoned to death at the same period in history that young Alcibiades attempted to seduce Socrates to glean wisdom from him. As presented by Plato in his Symposium, Socrates did not "dally" with young Alcibiades, and instead treated him as his father or brother would when they spent the night sharing a blanket. In Xenophon's Symposium Socrates strongly speaks against men kissing each other, saying that doing so will make them slavish, i.e., risk something that seems akin to an addiction to homosexual acts.

Most modern secular ethicists since the heyday of Utilitarianism, e.g. T.M. Scanlon and Bernard Williams, have constructed systems of ethics whereby homosexuality is a matter of individual choice and where ethical questions have been answered by an appeal to non-interference in activities involving consenting adults. However, Scanlon's system, notably, goes in a slightly different direction from this and requires that no person who meets certain criteria could rationally reject a principle that either sanctions or condemns a certain act. Under Scanlon's system, it is difficult to see how one would construct a principle condemning homosexuality outright, although certain acts, such as homosexual rape, would still be fairly straightforward cases of unethical behavior.