Sexual violence laws: Policy implications of psychological sex differences. David M. Buss. Evolution and Human Behavior, January 11 2023, https://doi.org/10.1016/j.evolhumbehav.2023.01.003
Abstract: Laws act as levers to influence human behavior. Their effectiveness hinges on understanding an accurate model of human nature, particularly the psychological and behavioral components of that nature. Evolved sex differences in our sexual psychology are sometimes moderate to large in magnitude and highly replicable. Women, for example, typically judge the same set of actions—such as leering, sexual jokes, or unwelcome workplace advances—as more sexually harassing and upsetting than do men. When a generic “reasonable person” standard is applied to adjudicating sexual harassment cases, this standard can harm women if judges and juries are populated by “reasonable men.” Other relevant sex differences involve fears evoked by stalking victimization, defenses against rape such as tonic immobility, and negative emotions in response to certain forms of unsolicited sexual imagery. This paper argues that existing psychological sex differences should inform the construction and implementation of policies and laws that regulate forms of sexual violence such as sexual harassment, mate stalking, and rape.
Bipartisan Alliance, a Society for the Study of the US Constitution, and of Human Nature, where Republicans and Democrats meet.
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