Sex & The Law

Birth Control Is Now Available Over The Counter in Oregon

Birth control pills (Salon)

Good news for those who may not have insurance, or don’t want to visit the doctor: Birth control is (slowly) becoming available over-the-counter at your nearest pharmacy. That’s right, soon (depending on where you live) you won’t need a prescription.

Right now, the service is only available in Oregon, and it kicked into effect Jan. 1st of this year. Here’s how it works: A woman can walk into her local pharmacy, and fill out a questionnaire about her health. If all systems go, she can get birth control. If the pharmacist refuses to supply her on the grounds of religious reasons, the pharmacist is required to provide suggestions as to where the customer can find birth control.

This all applies if the woman is over 18 years old. If she’s under 18, she’ll still need a doctor’s prescription, though this standard will be relaxed at some point in the future.

It’s also pretty significant that a woman signed this into law: Oregon’s governor Kate Brown signed the bill into law last July.

But Oregon might not be the only state with this law in place for long: California is working out its own law, which is set to go into effect in March. And Colorado and Washington have introduced similar laws within their own respective states. Let’s hope the other 46 states soon see the light and follow suit.

China’s (Now Ended) One-Child Policy: By The Numbers

Chinese One-Child Policy poster (The Galloping Beaver)

Most people have heard of China’s infamous one-child policy. it’s exactly what it sounds like: each married couple is only allowed to have one child.

Now the policy has ended. Actually, it ended on Jan. 1st, less than a week ago.

A lot of people don’t know the story behind the concept, and why it was initially implemented. Here are some numbers that made the one-child policy look like a sensible idea at the time:

China’s total population:

1960: 667.1M

1970: 818.3M

China’s population grew 151.2M in 10 years, or at the rate of 15.12M per year. The government was worried that the population would continue growing exponentially at the same rate, with the country eventually becoming unsustainable.

Fertility rate:

1960: 5.76 births/1 woman

1970: 5.47 births/1 woman

The fertility rate stayed stable (and strong) throughout the 1960s.

Crude birth rate:

1960: 20.9

1970: 33.4

This metric shows the “number of of live births occurring during the year, per 1,000 population estimated at midyear.” The number hit a high in 1963 with 43.4, no doubt sending the Chinese government into a full-fledged panic.

With the above stats as historical context, it’s a bit easier to see why the Chinese government implemented the One-Child Policy, and kept it for the 35 years they did.

The Supreme Court Rules in Favor of Same-Sex Marriage

The White House (Mashable)

(Yes, I know this is old news by now, but I couldn’t start blogging again without acknowledging it. If only could’ve seen into the future!)

Friday, June 26th was a historic day that was a long time coming: The Supreme Court ruled to legalize same-sex marriages nationwide in a 5-4 decision. The decision overrules states that had previously decided not to allow same-sex marriage, and prompted many previously-against states to begin issuing marriage licenses and performing ceremonies.

Naturally, this is a wonderful decision, not just for the LGBT(QQIA+) community, but also for humanity as a whole. I think people have finally recognized that it’s time. And that it’s been time. Interestingly, there hasn’t been much resistance from state governments: Though Louisiana initially said it’d wait for federal intervention to comply, towns within the state eventually began offering marriage licenses.

As an ally, I’m glad I got to see the day, and hope this is the start of many beneficial changes.

Bernie Sanders Essay: How Many Women Have Rape Fantasies?

Bernie Sanders (Crooks and Liars)

Last week, “Mother Jones” found an essay that presidential hopeful Bernie Sanders wrote in 1972 for alternative newspaper “Vermont Freeman.” Sanders’ two-page essay observed sexual dynamics between men and women.

Here’s the part that got everyone talking:

A woman enjoys intercourse with her man — as she fantasizes being raped by 3 men simultaneously.

Sanders was positing this as a general observation that held true about all women. But is he correct in this assumption?

There’s been some research done on this fantasy.

Last year, researchers at the University of Canada, Quebec asked territory residents about their sexual fantasies and published results in the “Journal of Sexual Medicine.” Though the researchers didn’t directly ask about rape fantasies, they did ask respondents if they agreed with the statement “I have fantasized about being forced to have sex,” which can be construed as such. Over 28% of women agreed with that statement, but it wasn’t enough to hit the “normal fantasy” cutoff (which started at 50% agreement from respondents). The study didn’t examine how often the women had these fantasies.

A 2010 “Psychology Today” article on women’s rape fantasies stated that nine surveys on the topic had been published between 1973 and 2008. Here’s what that collective body of data showed:

They show that about four in 10 women admit having them (31-57%) with a median frequency of about once a month. Actual prevalence of rape fantasies is probably higher because women may not feel comfortable admitting them.

A 2009 study done by North Texas University found that answers depended on what terminology was used. Fifty-two percent of college women said they’d fantasized about being “overpowered by a man,” but only 32% of women agreed when it was labeled “rape.” It’s interesting to note that this range nestles right in the range quoted above.

There also appeared to be an inverse correlation between the number of women who reported having rape fantasies and the frequency with which they had them: 25% of women reported having the fantasy less than once a year, and 13% had the fantasy a few times a year. So while it might be a part of some women’s sexual fantasy playlist, it doesn’t pop up in the rotation with much frequency for those women.

Though Sanders was certainly on to something with his claim, the fantasy isn’t nearly as pervasive (or self-reported) as he made it seem. But Sanders did recognize the desires that that specific fantasy taps into: a woman being overpowered by a man who can’t stop himself from ravishing her. No wonder he recently compared it to “Fifty Shades of Grey.”

Josh Duggar Scandal: How Much Child Sexual Abuse Occurs Within Religious Cults?

Josh and Anna Duggar and their children (E! Online)

Last month, eldest son of the “19 Kids and Counting” Duggar clan Josh Duggar admitted he’d sexually molested five girls when he was 14 years old in 2002, some of which were his sisters. (When these incidents took place, Duggar had five sisters, who ranged in age from four to 12.)

More revelations came out over the days that followed: Duggar was sent away to a friend who had a home remodeling business after he admitted what he’d done; he didn’t receive any counseling, contrary to what had initially been stated, and Duggar was given a minor talking-to from Arkansas State Trooper Jim Hutchens, who’s now in prison for child pornography. After the allegations came to light, a judge ordered the incriminating documents be destroyed, apparently on behalf of one of the alleged victims.

The Duggar family is part of the Quiverfull movement, a worldview that purports to be about Christianity and living Biblically. Earmarks of being Quiverfull include having lots of children (supplying Christian soldiers to prepare for the upcoming spiritual battle), dressing modestly and shaming victims of sexual abuse.

Until now, the fact that the Quiverfull movement is a cult has flown under the radar. But now it’s come under the scrutiny of a full-fledged public spotlight.

I wanted to find some statistics on sexual abuse, especially child/incestual sexual abuse, within cults. Unsurprisingly, I was unable to find anything. No long-range studies have been done. This makes sense: Cults usually want to cover their tracks, and make themselves look like they aren’t cults at all and are completely normal. In terms of gathering information, it’d be very hard to infiltrate and gain members’ trust to get an accurate picture of what occurs within one. Even if a member did admit to something, they might see it as totally normal.

Unfortunately, the statue of limitations on Duggar’s heinous acts has now expired. But now we have some idea of the long-ranging detrimental effects of the Quiverfull movement. There are better ways to help victims of sexual abuse and molestation, regardless of their personal viewpoint.

By The Numbers: How Many States Require an Ultrasound Viewing Before an Abortion?

WASHINGTON, DC – MARCH 16: Wisconsin Gov. Scott Walker speaks at the 2013 Conservative Political Action Conference (CPAC) March 16, 2013 in National Harbor, Maryland. The American Conservative Union held its annual conference in the suburb of Washington, DC to rally conservatives and generate ideas. (Photo by Pete Marovich/Getty Images)

Earlier this week, Wisconsin Republican governor/maybe-presidential hopeful Scott Walker signed a new law requiring that women who wanted to get abortions be required to get an ultrasound of the fetus before making their decision. Walker’s reasoning was that he wanted women to make informed choices (i.e. choose life!) about their unborn children. (Side note: he also referred to ultrasounds as “a cool thing out there.” I’m not touching that one.)

I wanted to find out how widespread the practice of requiring expectant mothers to view an ultrasound before proceeding with an abortion was. So I turned to trusty source The Guttmacher Institute for some stats.

Number of states that require giving contextual information (i.e. written materials and/or verbal counseling) around the ultrasound: 12

Number of states that require the abortion provider to show and describe the ultrasound: 3

Number of states that require the abortion provider to offer a viewing of the ultrasound if it’s part of the abortion process: 9

The Guttmacher has more numbers on this topic. Personally, I find it fascinating that these laws are essentially banking on the assumed fact that women are ruled by their emotions and are baby-crazy, and so seeing an ultrasound before an abortion would change their minds.

How Has Colorado’s Teen Pregnancy Rate Dropped 40% Within 4 Years?

IUD (NY Mag)

Colorado’s teen pregnancy rate has been getting some attention recently. But it’s not for the reason you think; it’s actually for the opposite reason.

From 2009 to 2013, Colorado reported a 40% decrease in teenage pregnancies, according to the Colorado Department of Public Health and Environment. Below is a graph that shows the decline:

Colorado’s Birth Rate 2005-2012 (The Washington Post)

That seems insane, right? But there’s actually an interesting reason behind it.

In 2008, an anonymous donor (later revealed to be the Susan Thompson Buffett Foundation, named after Warren Buffett’s late wife) gave a $23 gift to be parceled out over five years. The gift was to be used for “long-term contraception” for low-income teens and women. Over 30K intrauterine devices (IUDs) were purchased and implemented. This measure was rolled out in 68 clinics, as part of Colorado’s Family Planning Initiative.

The IUDs were found to be a very significant factor in the state’s teen pregnancy decline. The study released by the Colorado Department of Public Health and Environment showed that “the percentage of young women receiving IUDs and implants quadrupled in participating clinics,” and, in a complementary effect, the women receiving IUDs accounted for 75% of the state’s overall teen birth rate decline.

On a national scale, Colorado rose from having the “29th lowest teen birth rate in the nation to the 19th.” This is significant as seven in 10 teen pregnancies in the state are unplanned.

The program expires this summer, and it’s unclear whether it will be renewed. But the numbers definitely speak for themselves in terms of effectiveness.

Rome Considers Zone of Tolerance for Prostitutes

Italian prostitutes (The Telegraph)

The Roman neighborhood of EUR is considering enacting various “zones of tolerance” around the city within which prostitution would be legal. Certain places would off-limits, such as public parks, churches and schools. This makes sense: A country-wide law dictates that cities can issue boundaries on where prostitution can and cannot occur. This is a bit of a legal loophole in Italy, where aiding prostitution is illegal (but restricting it to certain areas is fine), but paying for sex is totally cool.

Naturally, the prostitutes themselves are not happy with this, as it would cut into their business. The Catholic Church isn’t too pleased either, for obvious reasons.

There are precedents for these zones: In 2012, Montreal was mulling a similar thing, but wanted to restrict it to one street, away from the busy main thoroughfare. In 2006, the English town of Ipswich considered a tolerance zone after a spate of prostitute murders shook the community.

EUR hasn’t come (heh) to a conclusion yet, but it’ll be interesting to see what precedent this sets for the city, Italy and the rest of the world.

How Many States Outlaw Abortion?

Hillary Clinton (ABC News)

With Hillary Clinton’s recent announcement that she’s running for president, women’s issues will be front and center as a talking point this election season. It’s all but certain that one perennially hot-button topic will be brought up: abortion.

Right now, 42 states prohibit abortions, according to a study performed by the Guttmacher Institute. Exceptions can only be made in the case of a threat to the mother’s health. Even then, there are time limits up to which an abortion can be performed. Thirty-nine states require that the procedure be performed by a licensed physician, but health insurance can be a problem: Health care providers can refuse to pay for it in 46 states.

Those are some damning stats, and you can see more in the Guttmacher Institute’s report. Let’s hope this election brings progress and changes to these detrimental policies.

Sofia Vergara’s Frozen Embryos: Is There A Precedent for IVF Egg Custody?

Last week, “Modern Family” actress Sofia Vergara’s former fiancé Nick Loeb penned an op-ed for “The New York Times” regarding Vergara’s frozen eggs. The pair had initially frozen the eggs via in-vitro fertilization (IVF) in case they later wanted children, before their relationship ended last year. (Vergara is currently engaged to “True Blood” actor Joe Manganiello.) Now Loeb wants to unfreeze an eggs to implant within a surrogate, and have a child using his ex-fiance’s egg. (When the two were together, they had signed an agreement regarding using the eggs only with permission from both of them, but there wasn’t any discussion on what might happen if they split.) Vergara, as owner of said egg(s), is (naturally and understandably) refusing to release her eggs.

I wanted to find out of there was a precedent set for IVF egg custody. According to “Chicago Lawyer” magazine, there are no definitive laws or one-approach-fits-all (yet), but 10 states so far have made rules regarding IVF custody and procedure cases.

One big commonality between a lot of these approaches is an issue familiar to sexuality: consent. Courts are generally weighing the desires of each partner, called “balance of interests.” This can be applied if one partner wants to use the eggs, but the other doesn’t want that person to use them. Iowa takes a “co-consent” approach, in that both parties must agree to “sign off when the embryo is implanted in the woman.”

Contracts guide decisions in other states. In these instances, courts rely on “contracts drawn up by the couple before the embryos were created.” New York, Washington, Texas and Oregon follow this method.

Some states take a blended approach (kind of like a blended orgasm). Tennessee, New Jersey and Pennsylvania first look for existing contracts between both parties before moving on to consent.

Other states are complete outliers in their approach. Iowa has “contemporaneous-mutual-consent,” which is a written agreement that states that both parties must sign off on use of the embryos. Massachusetts is another outlier, stating that the woman receives custody of the embryos in event of divorce.

Vergara and Loeb’s situation may bring attention to this dilemma shared by other ex-couples, and it could drive inquiries and move future legislation forward. We’ll have to see how it plays out.

Sex & Stats: Where Numbers Come to Bang

Statistics. Economics. Sex.