This article seeks to revisit the law in relation to the sexual phenomenon of barebacking.
Drawing upon queer theory, the article seeks to evaluate critically the development of the
criminal law in relation to the practice of 'unsafe'sex by men with other men, known as
barebacking, along with the broader casting of the judiciary as sexual custos mores. It will
argue that the present heteronormative legal and cultural framework largely reflects a focus
upon the 'good gay', de-sexed and constructed within a rights discourse, in contrast to …