Thursday, September 27, 2007

When Can You Consent to Sex?

William Saletan writes about the issue of sexual consent age and our laws around it.

This is the reality of sex with minors: The ages of the parties vary widely from case to case. For more than a century, states and countries have been raising and standardizing the legal age of consent. Horny teenagers are being thrown in with pedophiles. The point of this crackdown was to lock up perverts and protect incompetent minors. But the rationales and the numbers don't match up. The age of majority and the age of competence are coming apart. The age of competence is fracturing, and the age of female puberty is declining. It's time to abandon the myth of the "age of consent" and lower the threshold for legal sex.
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Lay out these numbers on a timeline, and you have the beginnings of a logical scheme for regulating teen sex. First comes the age at which your brain wants sex and your body signals to others that you're ready for it. Then comes the age of cognitive competence. Then comes the age of emotional competence. Each of these thresholds should affect our expectations, and the expectations should apply to the older party in a relationship as well as to the younger one. The older you get, the higher the standard to which you should be held responsible.


We need to do something about sex laws in our country. When a 17-year-old gets a 10 year prison sentence for having oral sex with a 15-year-old, there's a problem. I could go off on other issues like being convicted on rape charges when the woman consents to sex, changes her mind after it starts, admits the man stopped, but still accuses him of rape; but I'll save that for another time.

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