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Uzair

(241 posts)
Fri May 24, 2013, 07:30 PM May 2013

There is no age of consent

The problem with trying to set a specific age for any kind of activity is that everything is on a case by case basis. This includes sex, drinking, driving, abortion, military service, you name it.

There are many 16 year olds who are capable of giving consent. And then there are 16 year olds who absolutely cannot. The transition from childhood to adulthood is not absolute. Some people mature faster than others, some people don't ever mature at all. There is no line where one day you're a child and the very next day you're an adult.

If an 18 year old has sex with a 14 year old. in many cases it's rape. In some cases it's not. Some 14 year olds CAN give consent and know exactly what they're doing, while some can't and don't. Even more ironic is that I'd argue that there can even be cases where if a 14 year old has sex with an 18 year old, it's the EIGHTEEN year old who isn't mature enough to give consent.

I don't know what the solution to this problem is legally. I guess the law has to pick SOME age, but that doesn't really work in the real world. I think things just need to be decided on a case by case basis somehow. How to do that is another question entirely.

19 replies = new reply since forum marked as read
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There is no age of consent (Original Post) Uzair May 2013 OP
If a 17 and 364 days years old HockeyMom May 2013 #1
I think a clear line is the easiest and best way Travis_0004 May 2013 #2
Interesting how all of a sudden there's justification. MrSlayer May 2013 #3
I've not been part of that consensus, nor have I bent over backwards Nevernose May 2013 #6
I wasn't referring to you personally. MrSlayer May 2013 #9
I think the point is more that she's been treated more harshly than an 18-year-old boy would've been nomorenomore08 May 2013 #7
+1 ScreamingMeemie May 2013 #10
I don't agree. MrSlayer May 2013 #17
Then we'll have to agree to disagree. Because after a certain point it's mostly a matter of opinion. nomorenomore08 May 2013 #18
There would not have been. Please don't speak for me. ScreamingMeemie May 2013 #8
I said general consensus not unanimous agreement. MrSlayer May 2013 #11
Yes you must. It's a good exercise when one makes statements like this. ScreamingMeemie May 2013 #12
Perhaps I'll make a poll. MrSlayer May 2013 #13
Read a Roman Polanski apologia thread on here sometime...nothing new about it. nt msanthrope May 2013 #15
If we can have a voting age line, we can have one for an activity that might produce a child. WinkyDink May 2013 #4
The people have elected people to lay down the laws. Yes, there is an age of consent. Honeycombe8 May 2013 #5
"that doesn't really work in the real world." JVS May 2013 #14
Well, how about this: The Straight Story May 2013 #16
Wrong. Zoeisright May 2013 #19
 

HockeyMom

(14,337 posts)
1. If a 17 and 364 days years old
Fri May 24, 2013, 07:40 PM
May 2013

isn't mature, 24 hours will not magically make them so.

 

Travis_0004

(5,417 posts)
2. I think a clear line is the easiest and best way
Fri May 24, 2013, 07:57 PM
May 2013

We may not all agree on where it should be, but its the fairest way to do it.

We can't just do it on a case by case basis then say go ahead and do it, then we will let a jury decide if you are guilty or not.

 

MrSlayer

(22,143 posts)
3. Interesting how all of a sudden there's justification.
Fri May 24, 2013, 08:07 PM
May 2013

A week ago there would have been an adamant consensus that it's always wrong for an adult to have sex with a young minor
.
Now I see people bending over backwards to justify statutory rape.

It's odd.

Nevernose

(13,081 posts)
6. I've not been part of that consensus, nor have I bent over backwards
Fri May 24, 2013, 08:20 PM
May 2013

As the OP pointed out, different situations with different people make for different opinions. If an 18 year old sought out a 14 year old over the Internet for the purposes of sex, for instance, then IMO it should probably be statutory rape.

But I could pose it a different way: a high school senior and a high school freshman should probably not be charged with statutory rape. The two of them might be in my first period class sitting next to each other come Tuesday morning.

I'm not a very black and white thinker, though.

 

MrSlayer

(22,143 posts)
9. I wasn't referring to you personally.
Fri May 24, 2013, 08:27 PM
May 2013

I was talking about the attitude of the site in general. Obviously, there will always be contrarian views to anything.

I just find this shift curious.

nomorenomore08

(13,324 posts)
7. I think the point is more that she's been treated more harshly than an 18-year-old boy would've been
Fri May 24, 2013, 08:24 PM
May 2013

in most cases. Key word being most - some hetero relationships with comparable age gaps are indeed prosecuted. But the fact that she's been charged with multiple felony counts, and expelled from school, combined with the conservative nature of the community, makes it easy to suspect that her sexuality is a factor here.

I'm not saying freshman-senior type relationships are a good thing. But I don't really think they should be treated as a criminal matter either. There are other ways to deal with a situation like this, than simply sending a barely-18-year-old to jail.

 

MrSlayer

(22,143 posts)
17. I don't agree.
Fri May 24, 2013, 10:29 PM
May 2013

If the parents of the 14 year old girl repeatedly told the 18 year old boy to stay away and he wouldn't, there would be similar actions. Particularly if he snuck the girl out of her house overnight to have sex with her.

nomorenomore08

(13,324 posts)
18. Then we'll have to agree to disagree. Because after a certain point it's mostly a matter of opinion.
Fri May 24, 2013, 10:52 PM
May 2013

I still think the chances of an 18-year-old boy being treated similarly, while far from nonexistent, aren't terribly high.

ScreamingMeemie

(68,918 posts)
8. There would not have been. Please don't speak for me.
Fri May 24, 2013, 08:27 PM
May 2013

If it were two kids in high school male or female... I would have supported it. Sorry.

 

MrSlayer

(22,143 posts)
11. I said general consensus not unanimous agreement.
Fri May 24, 2013, 08:30 PM
May 2013

Must I respond to every individual that would not agree?

ScreamingMeemie

(68,918 posts)
12. Yes you must. It's a good exercise when one makes statements like this.
Fri May 24, 2013, 08:34 PM
May 2013

You get to see where we all actually stand.

I have a 14-year-old son. He's bound to make some pretty dumb decisions coming up here in the future.

 

WinkyDink

(51,311 posts)
4. If we can have a voting age line, we can have one for an activity that might produce a child.
Fri May 24, 2013, 08:14 PM
May 2013

I realize NAMBLA might disagree.

Honeycombe8

(37,648 posts)
5. The people have elected people to lay down the laws. Yes, there is an age of consent.
Fri May 24, 2013, 08:15 PM
May 2013

It does vary from state to state.

Much better to have it clear in the law, than for different people to have different opinions. If not the law, who decides if a young person is capable of deciding? The person who wants to have sex with the young person? They've already decided.

But no matter what age it is, 14 is generally considered too young to make lifelong decisions, which sex and the repurcussions from it is. One reason for this is..even though a young person can and does consent, it is very easy for an older person to manipulate and convince a young person to agree to sex and many other things. Therefore, the law sets forth a protection for the juvenile.

One thing is certain: there is no harm in that 14 year old waiting another 2 years to have sex, go to R movies, get married, take out a loan in his own name, all the things that adults do (that get adults in trouble!).

Sex is a complicated, difficult thing for adults to deal with, much less kids. The 18 year old who wants to have sex with the 14 year old? They need to find someone a couple of years older....or wait.

JVS

(61,935 posts)
14. "that doesn't really work in the real world."
Fri May 24, 2013, 08:46 PM
May 2013

Nonsense. It works just fine. Most people know the age of consent laws and obey them. Just because some rule has to be made and the line is arbitrary does not mean that it is unreasonable. We all drive on the right hand side of the road. That's an arbitrary rule. It could just as well be the left side of the road. There is nothing morally wrong about driving on the left hand side of the road. But it is essential that we pick one or the other, because if we have people doing both they will get hurt.

The Straight Story

(48,121 posts)
16. Well, how about this:
Fri May 24, 2013, 09:03 PM
May 2013

An 18 yr can vote and we think of them as responsible enough to make decisions - which means that 18 yr old is also adult enough to know the law and what the consequences are for breaking it.

It is not easy being an adult, you have tough choices to make. Sure, you may be 'older' than you are in many ways at 14 but we still see that as too young to move out on your own, vote, join the army, etc.

If you care about someone, and love them, and want more than sex with them you act like the adult you now are and make the right choices even if they kind of suck for you.

You get a lot of privileges when you turn 18 - but you also get responsibilities that go along with them.

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