Regulating Youth Sexuality, Agency and Citizenship: Developing a Coherent Criminal Justice Response to Youth Sexting

Arthur, R. (2019) Regulating Youth Sexuality, Agency and Citizenship: Developing a Coherent Criminal Justice Response to Youth Sexting, King’s Law Journal 30, 3, 377-395

Posted: 8 Dec 2020

Date Written: November 19, 2019

Abstract

Currently the law in England and Wales means that young people who engage in mutually consensual teenage sexting may find that this activity has been recorded on their criminal record and may be disclosed in a way which impacts negatively upon the young person’s future opportunities. This information can usually only be removed from the records in exceptional and rare cases. This article will argue that this paternalistic and moralistic approach towards mutually consensual teenage sexting overrides consideration of children’s rights to explore their sexuality by defining youth sexuality as inherently illegitimate and illegal. The strong preference for safeguarding the future adult the child will become undermines the recognition of children as rights holders right now, depriving the child of agency and voice. The legal response needs to be informed by an understanding of youth sexualities that are more fully based in, and driven by, the realities of young people’s sexual lives. By recognising young people as holders of sexual rights and sexual citizenship, this would allow children’s voices to be heard in developing responses to expressions of their sexuality.

Keywords: sexting, youth criminal records, youth agency and citizenship

JEL Classification: K1

Suggested Citation

Arthur, Raymond, Regulating Youth Sexuality, Agency and Citizenship: Developing a Coherent Criminal Justice Response to Youth Sexting (November 19, 2019). Arthur, R. (2019) Regulating Youth Sexuality, Agency and Citizenship: Developing a Coherent Criminal Justice Response to Youth Sexting, King’s Law Journal 30, 3, 377-395, Available at SSRN: https://ssrn.com/abstract=3733438

Raymond Arthur (Contact Author)

University of Northumbria ( email )

Pandon Building
208, City Campus East-1
Newcastle-Upon-Tyne, Newcastle NE1 8ST
United Kingdom

HOME PAGE: http://www.northumbria.ac.uk/sd/academic/law/staff/raymondarthur

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