Men's Legal Responsibilities: Unique Laws For Men?

While the Fourteenth Amendment to the US Constitution guarantees equal treatment and due process under the law, there are laws that specifically target and discriminate against men. For example, in Spain, a freelance writer can receive a tax discount if they are a woman but not if they are a man. In the US, only men aged 18-25 are legally required to register for future military conscription, and those who fail to do so can be denied government benefits, jobs, and even citizenship. In the UK, the Children Act of 1989 grants parental rights automatically to the mother, while the father must petition for them and can be denied by the mother. Additionally, rape laws in many Western countries, including the US and UK, are biased against male victims, requiring penetration with his penis, meaning only men can be charged with rape. These laws are based on outdated beliefs and stereotypes and are grossly unfair, not just to men, but also to children, who may be better off with their father as the primary caregiver.

Selective Service System

The Selective Service System (SSS) is an agency of the United States government that maintains a database of male U.S. citizens and residents who are potentially subject to military conscription, or the draft. While the U.S. military currently operates on a voluntary basis, registration with the SSS is still required by federal law for almost all male U.S. citizens and male immigrants aged 18 to 25. This includes undocumented immigrants, military veterans, and military reservists.

The SSS was created by the Selective Service Act of 1917, which was passed by the 65th United States Congress and signed into law by President Woodrow Wilson. The act gave the president the power to conscript men for military service, and all men aged 21 to 30 were required to enlist for a period of 12 months. The Selective Service Act of 1940 established the first peacetime conscription in U.S. history, requiring all men between 18 and 64 to register.

The SSS is a contingency mechanism in case conscription becomes necessary, and it serves two purposes. Firstly, it enables the government to rapidly provide personnel to the Department of Defense in the event of a draft. Secondly, it facilitates an Alternative Service Program for conscientious objectors. Registration with the SSS is required for various federal programs and benefits, such as job training, federal employment, and naturalization.

The SSS has faced legal challenges, particularly regarding gender discrimination. While the Fourteenth Amendment guarantees equal treatment and due process under the law, the SSS currently only requires men to register. In February 2019, a federal district judge ruled that the male-only military draft registration was unconstitutional, but this decision was later unanimously overturned by the U.S. Court of Appeals for the 5th Circuit.

In conclusion, the Selective Service System is a critical component of the United States' national defence strategy, ensuring operational readiness through a fair and equitable registration process. While it has been the subject of legal debates, it continues to play a significant role in maintaining the country's security.

Custody and adoption rights

In the US, the Fourteenth Amendment guarantees equal treatment and due process under the law, and other statutes, like the Civil Rights Act, make gender discrimination illegal. This means that custody and adoption laws should apply equally to all citizens, regardless of gender.

However, in practice, the situation is often more complicated, especially when the parents are unmarried. If the parents are married, they automatically share parental rights and responsibilities and can make important decisions about their child's health care and upbringing. They can also decide to place their child for adoption together, but both parents must provide legal consent for the adoption to proceed.

On the other hand, if the parents are unmarried, the mother is typically named the sole legal custodian of the child, and the father must take additional steps to establish his legal rights. This usually involves voluntarily acknowledging paternity or filing a paternity action. Establishing paternity early on is crucial for unmarried fathers who want to have a say in adoption plans or decisions, as it demonstrates their commitment to raising the child.

Even when paternity is established, unmarried fathers may still face challenges in asserting their custody and adoption rights. Courts often consider the father's relationship with the child and their ability to provide financial support when determining custody and adoption rights. If the father has had little or no contact with the child or has not provided financial support, the court may rule that he has not shown sufficient commitment to parenting.

Additionally, timing can be a critical factor. Courts may find that fathers who were unaware of their child's existence due to their own fault may not have the right to object to the child's adoption. Therefore, it is essential for unmarried fathers to act quickly and establish their paternity as early as possible, even before the child's birth if necessary.

While the law strives for gender equality in custody and adoption rights, the reality is that fathers, especially unmarried fathers, often face an uphill battle in asserting their rights. This is an area of ongoing legal debate, and recent court cases in some states, such as Florida, Mississippi, and New York, have made strides in recognizing the rights of unmarried fathers.

Overall, while there is no explicit law that gives men specific custody and adoption rights, the interpretation and application of existing laws continue to evolve to ensure that fathers are treated fairly and have the opportunity to be involved in their children's lives.

Male genital mutilation

There is an ongoing debate about the merits and demerits of circumcision. Some argue that it offers proven advantages such as a decreased risk of sexually transmitted diseases, including HIV, and better hygiene. However, others consider circumcision a form of MGM, especially when performed by untrained individuals, as it can result in severe complications.

Ritual circumcision, often carried out by untrained individuals, has become synonymous with complications in rural and tribal areas of Africa and other developing countries. Serious complications, including amputation of the penis, glans amputation, urethro-cutaneous fistula, total or partial loss of penile skin, and severe hemorrhage resulting in shock and death, have been reported.

While no country has banned circumcision, many countries have legislation regulating the practice. These laws require circumcision to be performed by qualified professionals in facilities with proper sterilization, wound care, and anesthesia, which significantly reduce the risk of complications.

In conclusion, MGM, particularly in the form of ritual circumcision performed by untrained individuals, poses serious health risks to men and has led to devastating consequences in many cases. While some argue for the benefits of circumcision, the practice has come under scrutiny due to the high rate of complications when performed outside of medical settings. As a result, several countries have implemented regulations to ensure circumcision is carried out safely and ethically.

Criminal punishment

In the United States, the Fourteenth Amendment was added to the Constitution to guarantee equal rights and protection under the law, serving as a foundation for anti-discrimination laws, including those related to gender. While it does not explicitly prohibit gender discrimination, it establishes the principle of equal treatment and due process for people of all genders.

One area where gender-based laws have been particularly contentious is in the realm of sexual assault and harassment, with the "Post-Weinstein era" bringing much-needed attention to these issues. However, despite growing awareness and efforts for reform, problems persist in how rape is defined, prosecuted, and punished.

The existing definitions of rape often fall short of capturing the social harm of unwanted sex, and convictions remain rare. When convictions do occur, offenders are often subjected to excessive and disproportionate punishment, with lengthy prison sentences that are significantly longer than those imposed in other Western countries. This discrepancy has led to calls for reform, suggesting that increasing convictions while reducing the length of incarceration and incorporating science-based treatment could lead to more effective outcomes.

The concept of "mens rea," or the "guilty mind," is crucial in criminal law, as it refers to the mental state of a defendant accused of committing a crime. In most cases, both "mens rea" and "actus reus" (guilty act) must be proven for a defendant to be found guilty. However, exceptions exist in the form of strict liability crimes, where the mental state of the actor is irrelevant.

The types of mental states required for crimes vary depending on the jurisdiction and the specific crime in question. For example, "malice" may be required for murder, while "fraudulence" may be associated with fraud, and "willfulness and corruption" with perjury. The hierarchy of mental states, from lowest to highest, includes negligence, recklessness, knowledge, and purpose.

The justifications for punishment can include retribution, deterrence, rehabilitation, and incapacitation. While some argue for stricter punishments as a means of deterrence and retribution, others advocate for lighter sentences, focusing on rehabilitation and reintegration to reduce recidivism and promote positive community ties.

In the context of gender-specific laws, it is essential to consider how cultural hierarchies, religious mandates, and local traditions can influence the legal system and shape the criminal punishment imposed on men and women differently.

Rape and sexual assault

In the United States, rape and sexual assault laws are covered under 10 U.S. Code § 920, which defines rape and sexual assault and outlines the penalties for these crimes. The law states that any person who commits rape or sexual assault shall be punished as a court-martial may direct.

Rape is defined as committing a sexual act upon another person by using unlawful force, threatening or placing the other person in fear, rendering them unconscious, or administering drugs or other substances without their knowledge or consent, thereby impairing their ability to appraise or control their conduct.

Sexual assault is defined as committing a sexual act upon another person by threatening or placing them in fear, making fraudulent representations, or inducing a belief by any artifice, pretense, or concealment. It also includes committing a sexual act without the consent of the other person or when they are asleep, unconscious, or otherwise unaware, or when the other person is incapable of consenting due to impairment, mental disease, defect, or physical disability.

The age of consent varies by state, with most states setting it at 16 years, while others range from 14 to 18 years. Statutory rape laws make it illegal to engage in sexual intercourse with anyone below the age of consent, except for their spouse. Some states also consider the age of the offender in determining the penalty, with older offenders receiving harsher penalties.

While the laws themselves are gender-neutral, the cultural, religious, and traditional contexts in which they are applied can influence the outcomes of cases involving rape and sexual assault.

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