Punishing Sex: Sex Offenders and the Missing Punitive Turn in Sexuality Studies

Abstract

At precisely the same time that gay and lesbian activists were securing marriage rights for same-sex couples nationwide, courts and “tough on crime” state legislatures were devising new ways to regulate sex. Despite recent estimates that over 750,000 Americans are registered sex offenders, few sexuality scholars have examined the growth of punitive policies regulating sex offenders. In this article, I draw on a unique set of data on the population of sex offenders in the United States to analyze: (1) whether recent trends in sex offender registration mirror those of corrections more generally, and (2) whether these policies disproportionally impact racial minorities. Findings reveal that sex offender registries grew dramatically between 2005 and 2013; that this growth is out of step with concurrent trends in corrections; and that black communities are disproportionately impacted. I conclude by considering whether these data reveal a new mode of “governing through crime” specifically targeting sex.

It might as well be admitted that sex is a disgrace.

Michael Warner (1999)

There is a big secret about sex: most people don't like it.

Leo Bersani (1987)