Negotiating limits: the legal status of S/M in the United States

This paper reviews the origin of the concept of sadomasochism and its treatment by the American legal system. Relevant court cases and corollary issues such as the rights to privacy and sexual freedom, child custody, domestic violence, and employment discrimination are profiled. Organizations created by the gay, lesbian and heterosexual leather communities to create accurate public awareness of the SM subculture, and their programs of education and activism, are discussed and prospects for effective legislative change evaluated.     

Joint custody law and mothers’ labor market outcomes: evidence from the USA

This paper studies the economic implications for mothers of the changes in child custody law from maternal preference to joint custody using the 1960–2000 Census Public Use Micro Sample (IPUMS). Variation in the timing of the joint custody reform across states provides a natural experimental framework to study the causal effect of shared custody on mothers’ economic outcomes. The results show that only single mothers experience a decrease in earnings as a consequence of the adoption of the joint custody law, exposing them to a higher risk of poverty. The paper discusses a possible explanation for these findings, namely that the higher child support payment the mother receives from the non-custodial father in case of joint custody might discourage her from looking for high paid jobs or investing in her career.     

24/7 SM slavery

This study describes the nature of 24/7 SM slavery as practiced within the SM (sadomasochistic) community. These SM participants, who attempt to live full-time in owner-slave roles, represent a small proportion of those with SM interests. SM slaves have not been studied systematically to determine if and how they differ from other SM practitioners. An online questionnaire was used to obtain responses from individuals who self-identified as slaves. A total of 146 respondents participated, 53% female and 47% male, ranging in age from 18 to 72. We explored the depth of their relationships, how well they approximated "slavery," and how their relationships were structured to maintain distinct roles. Data showed that in long-term SM slave relationships, a power differential exists which extends beyond time-limited SM or sexual interactions. Owners and slaves often use common, daily life experiences or situations, such as the completion of household chores, money management, and morning or evening routines, to distinguish and maintain their respective roles. In addition, contrary to the perception of total submission, results revealed that slaves exercise free will when it is in their best interests to do so. These relationships were long-lasting and satisfying to the respondents.     

Who gets custody?

Changes in the living arrangements of children have implications for social policy and children’s well-being. Understanding who gets custody on divorce—mother, father, or both sharing custody—can also inform our understanding of family organization and the merits of alternative theories of marriage and divorce. We examine physical-custody outcomes among recent Wisconsin divorces in an effort to understand the factors associated with shared custody as well as mother-sole custody and father-sole custody. Although mother-sole custody remains the dominant arrangement, shared custody has increased over a nine-year period. We find that the probability of shared custody increases with parent’s income. Prior marital history. parents’ ages, the age and gender of children, and the legal process also have an impact on the probability of shared custody. In contrast to shared custody, the probability of father-sole custody decreases with parent’s income, while the relationship with other significant factors is generally similar. The notable exception is that, unlike shared custody, we find no evidence for an increase over time in the probability of father-sole custody. We also find that when the father has a higher proportion of the Couple’s total income, both shared custody and father-sole custody are more likely.     

Learning from extraordinary lovers: lessons from the edge

This paper discusses lessons about sexuality and eroticism gleaned from those who engage in extraordinary sex, even though such relationships have typically been classified as pathological. What can clinicians learn from those who seek and attain uncommon sexual relations? Such individuals' sexual epistemology, goals, understanding of the nature and spectrum of sexual and erotic relations, communication strategies and "outcome" criteria can provide valuable lessons for those who treat sexual problems or aim to overcome sexual mediocrity. For example, while traditional sex therapy often focuses on what is on the surface, some SM participants are interested in the meanings that lie at a deeper level. Whereas conventional clinicians may focus on enabling particular sexual acts (especially heterosexual intercourse), SM participants are more apt to be concerned with the varied spectrum of underlying purposes motivating these acts. Whereas many couples are willing to settle for merely functional sex, SM practitioners may be more interested in contact that necessitates intense, erotic connection; sophisticated communication of subtle differences in intent; and eventuates in profound self-knowledge and transcendent levels of intimacy. Illustrative case examples are provided.     

The effects of child health on marital status and family structure

The purpose of this paper is to provide evidence on the effect of child health on marital stability and family structure in an economic framework. We use the 1988 National Health Interview Survey's Child Health Supplement, with a sample of about 9,000 families, to test whether having an unhealthy child decreases the mother's chance of being married and whether it increases her chance of living in an extended family. Using two different measures of child health, we find that having an unhealthy child decreases the mother's likelihood of being married. Our results imply that children in poor health are more likely to face obstacles beyond their illness because they also are more likely to suffer the consequences of poverty and the poor schooling outcomes that result from being raised in a female-headed household. The only mitigating factor is that unhealthy white children are more likely than their healthy counterparts to be living in an extended family.     

Integrating Census Data to Support a Motion for Change of Venue

This applied demography case study illustrates the practical application of demographic concepts and methods to an issue facing the court. We show how census data can be used to support a legal motion for a change of venue. “Change of venue,” the legal term for moving a trial to a new location, usually is sought to avoid prejudice against one of the parties to a lawsuit. The case study will interest demographic practitioners, and it can be used as an instructional case in teaching applied demography: students can replicate it using data for any particular pair of populous metropolitan communities. By doing so, students would gain proficiency working with Public Use Microdata Sample (PUMS) household records—and the person records within household records—to identify and categorize family and nonfamily relationships among household members, and practical experience translating legal issues into questions that can be answered empirically using American Community Survey (ACS) data.     

News media on trial: towards a feminist ethics of reporting footballer sexual assault trials*

Court reporting is rarely discussed in journalism ethics, as it seems to be widely viewed as a straightforward task. However, this article develops a theory of meaning-making in court reporting to show how media coverage of high-profile sexual assault trials poses complex ethical questions. Positioning court reporting as a “hybrid” genre between legal narrative and news reporting, I show how genre conventions grant particular kinds of significance to events and speech acts. Subtle discursive and narrative strategies privilege either the prosecution or defence’s narrative, portraying the defendant or complainant as “guilty” even without overt sensationalising or vilification. Using the trial of Australian footballer Brett Stewart as a case study, I show how even reporting that meets current ethical standards can be ethically questionable, including reinforcing myths and stereotypes about rape—such as relating to mental illness and DNA evidence. I suggest that another, feminist approach to journalism ethics is needed in these cases, to balance the right of a defendant to the presumption of innocence with the rights of a complainant, and the feminist imperative to counter damaging attitudes towards rape.     

That Teenage Feeling

This article deconstructs news media representations of two custody abductions that took place in Aotearoa New Zealand in the mid-2000s. In the first case, the father abducted his five-month-old daughter; in the second case, the mother was held responsible for the abduction of her six-year-old son even though he was in the presence of his maternal grandfather. The analysis demonstrates that the media's pejorative construction of the mothers at the center of both cases was facilitated by a number of significant gaps and silences in the narration of the abductions. These silences, in lending support to a fathers' rights construction of custody disputes in which mothers are to blame for dispossessing fathers of their children, reveal the media's reliance on pro-father discourses, particularly fathers' rights discourse.     

Child gender and the transition to marriage

We estimate the effect of a child's gender on the mother's probability of marriage or remarriage using data from the PSID Marital History and Childbirth and Adoption History Files. We find that the birth of a son speeds the transition into marriage when the child is born before the mother's first marriage. A competing-risks analysis shows that the positive effect of a son is stronger for marriages to the child's biological father than for other marriages. We find no significant effect of child gender on the mother's remarriage probabilities when the children are born within a previous marriage. These results are consistent with a marital-search model in which sons, more than daughters, increase the value of marriage relative to single parenthood.     

My gay Antonia: the politics of Willa Cather's lesbianism

Although Willa Cather's lesbianism has recently been publicly acknowledged, her personal and artistic political decisions about the revelation of her sexual preference have not been explored. Most critics who acknowledge Cather's homosexuality see no traces in her fiction of what Lillian Faderman calls "same-sex love." Because of the political consequences of writing openly about lesbianism in the time that Cather came of age, according to Faderman, "perhaps she felt the need to be more reticent about love between women than even some of her patently heterosexual contemporaries because she bore a burden of guilt for what came to be labeled perversion." While it would certainly have been possible for Cather to live a discreet lesbian life without showing traces of her sexuality in her writing, it is more likely that her sexual preferences are present in her works, particularly in her most autobiographical book, My Antonia, in the character who represents Cather, Jim Burden. The "emptiness where the strongest emotion might have been expected," the relationship between Antonia and Jim, is more understandable when we realize that both Jim Burden and Antonia Shimerda were imagined by Cather as homosexuals whose deep friendship was based on mutual understanding of their oddness in the heterosexual world of 1918.     

Understanding sadomasochism: an empirical examination of four perspectives

Three studies assessed current understandings of sadomasochism (SM). In Study 1 questionnaires testing four academic views of SM were administered to individuals who self-defined as involved in SM. The psychoanalytic, psychopathology/medical model, radical feminist and escape-from-self perspectives were not supported. Study 2 examined "virtual" sadomasochism as a source of information about sadomasochists in the real life world. Cluster analyses indicated that real-life and virtual sadomasochists share unique sexual proclivities. Study 3 examined an alternative view that identifies power as the commodity of importance in SM play. Content analysis of online SM encounters indicated that both "top" and "bottom" role-players used several specific techniques to create a power differential. These studies suggest that, contrary to many academic theories, power, and not the giving and receiving of pain, is at the core of SM.     

Communication about sex and birth control between mothers and their adolescent children

This paper explores the extent of communication about sex and birth control between mothers and two of their children between the ages of ten and eighteen. Results indicate that mothers are more likely to discuss these issues with their older and female children. Variations in patterns of communication are also examined by mother's education, race, and family income. Since many of the questions were asked of both mothers and children, comparisons are made of mother and child reports of discussions about sexual relations and birth control. Mothers' attitudes toward premarital sex and use of birth control, as well as her own behaviors in these areas are examined for their relationships to whether she communicates with her children about these topics. The relationship between presence of communication and children's knowledge about birth control is also discussed.This article is based on data collected by William and Susan Philliber, and the methodology students of the Department of Sociology, University of Cincinnati. An earlier version of this paper was presented at the Annual Meeting of the Population Association of America, April 13–15, 1978, Atlanta, Georgia. Requests for reprints should be sent to Pearila Brickner Rothenberg, Center of Population and Family Health, Columbia University, 60 Haven Avenue, New York, New York 10032.     

A suggested framework for analysis of urban-rural fertility differentials with an illustration of the Tanzanian case

This paper offers a framework for analyzing how individual characteristics and urban or rural "place" factors interact to influence fertility decisions. The framework builds on the Davis-Blake model and additionally shows how place or community variables influence exposure to intercourse, conception, and birth, either with or without a conscious decisionmaking process. The framework emphasizes the way person and place related factors combine to determine a woman's perception of her life options before bearing any children, as well as how changes in these factors may affect subsequent child decisions. The framework is briefly illustrated by the Tanzanian case. The analysis highlights urban-based considerations, such as education-wage differentials, which may influence the rural couple's decisions. A comparison of two rural cohorts shows that specific community variables such as cultural attitudes, accessibility, general educational levels, and child mortality mediate the influence of these urban-based phenomena.Research for this project was completed while the author was affiliated with GETEMPO, Washington, D.C., under contract to the Office of Urban Development, U.S. Agency for International Development. The author gratefully acknowledges the comments and assistance of Ann C. Orr, James E. Kocher, Paula E. Hollerbach, and two anonymous referees. Requests for reprints should be directed to Sally Evans Findley, Minnesota State Planning Agency, Room 101 Capitol Square Building, 550 Cedar Street, St. Paul, Minnesota 55101.     

Who Gets Custody Now? Dramatic Changes in Children’s Living Arrangements After Divorce

This article reexamines the living arrangements of children following their parents’ divorce, using Wisconsin Court Records, updating an analysis that showed relatively small but significant increases in shared custody in the late 1980s and early 1990s. These changes have accelerated markedly in the intervening years: between 1988 and 2008, the proportion of mothers granted sole physical custody fell substantially, the proportion of parents sharing custody increased dramatically, and father–sole custody remained relatively stable. We explore changes in the correlates of alternative custody outcomes, showing that some results from the earlier analysis still hold (for example, cases with higher total family income are more likely to have shared custody), but other differences have lessened (shared-custody cases have become less distinctive as they have become more common). Despite the considerable changes in marriage and divorce patterns over this period, we do not find strong evidence that the changes in custody are related to changes in the characteristics of families experiencing a divorce; rather, changes in custody may be the result of changes in social norms and the process by which custody is determined.     

Pro-natalist population policies in Czechoslovakia

Summary Given the high rate of women's employment and the lack of labour reserves, other than the natural replacement of the population, pro-natalist population policy in Czechoslovakia should be seen as a response to an anticipated shortage of labour. The rapid post-war decline in the birth rate has been caused by the greatly increased opportunity structure for women in education and employment, and by other policies favouring lower natality - rapid urbanization, inadequate provision of housing, insufficient investment in consumers' goods and services, low wages and relatively free availability of abortion. To reverse this undesirable population trend, the Czechoslovak government has adopted a more restrictive attitude towards abortion, lengthened paid maternity leave, increased family allowances and single grants given at childbirth and introduced the so-called maternity allowance, which is a direct monthly payment given by the state to mothers who wish to stay at home to raise a second or subsequent child, until the child is two years old. The time so spent counts towards the mother's retirement pension and other kinds of seniority, and her job is held open for her. These measures have contributed to the recent increase in the Czechoslovak birth rate, but more time is needed for the assessment of the long-term effectiveness of these measures.     

Child mortality in India: the community-level effect of education

When assessing the health benefits of increased education in less developed countries, many researchers have been concerned about the omission of important determinants of an individual's education from the models. The study presented here shows that one should also be concerned about the limitations of the individual-level perspective. According to a multilevel discrete-time hazard model estimated with data from the National Family Health Survey II, the average education of women in a census enumeration area has a strong impact on child mortality, in addition to the effect of the mother's own education. The lower child mortality associated with women's autonomy is taken into account in this estimation. Results from similar models for various health and health-care variables suggest that the effect of community education, like that of individual education, operates through the use of maternity services and other preventive health services, the child's nutrition, and the mother's care for a sick child.     

The spanner trials and the changing law on sadomasochism in the UK

In the United Kingdom in 1989 a group of gay men who had been engaging in consensual SM activities were put on trial and found guilty of assault. The dominants/tops were charged with assault, and the men who participated in the activities as "bottoms" or submissives were convicted of aiding and abetting assaults upon themselves. This article discusses these Spanner trials--as they came to be called--and the issues of consent and privacy on which they were argued. UK and potentially European law are being subjected to pressure for redefinition as a result of the Spanner case, as SM practitioners are beginning to experience the implications and fallout from the prosecutions. While there have been proposals to reform the laws about what has been deemed self-destructive and socially dangerous behavior, little has changed to date. The story of the prosecutions and appeals, and the pressures for a new legislative approach to decriminalize consensual SM, will be situated in the context of public interest claims to control the private actions of individuals in the interest of public health. Differences in interpretation that occur when gay men are involved as compared to heterosexual couples will also be discussed.     

Noncustodial Fathers’ Ability to Pay Child Support

This article explores the extent to which noncustodial fathers can pay child support by estimating the income of noncustodial fathers and coupling these estimates with simulations of alternative normative standards for how much absent parents should be expected to contribute to the costs of rearing their children. The study indicates that the amount that is currently paid in child support ($6.8 billion in 1983) is far below the amount that should be paid under the various standards--from $24 billion to $29 billion.