Should the age of consent be lowered?

Author: TheUnderdog

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RationalMadman
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@Athias
You're the one on the backfoot here. Without age of consent what, in your ideal society, stops someone taking advantage of the young and violating them?
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@RationalMadman
You're the one on the backfoot here.
Farthest thing from the truth. Your reactions--particularly your emotional ones--to my anarchist philosophy would suggest that you're on the backfoot. In all the time I've participated in this forum, have you seen me once waiver or react emotionally?

Without age of consent what, in your ideal society, stops someone taking advantage of the young and violating them?
First, describe your preferred meaning of "taking advantage" and "violating."



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@Dr.Franklin
how about make the age of consent wait for marriage?
Because most of the people in power are degenerates 
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@TheUnderdog
I think a 13 year old has much of this same knowledge.  They know about pregnency and STIs.  I don't think people should have sex at all with a person with an STI, but people have the right to infect themselves with horrible diseases through their sexual choices.

But often they do not, and you did not address diminished mental capacity, nor did you address that much of these sexual freedoms are already possible with a marriage approved by the parents and/or a court, as the case may be. (There are thousands of such marriages in the USA every year). The parents generally play the role of guiding and protecting their children until they fully come of age. That is the general policy. It is in play here is for the same reasons that it's in play when children enter in to contracts. I see no reason to deviate from it when it comes to this.
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@Athias
 meaning of "taking advantage" and "violating."
A 25+ year old sexually interacting with a 14 year old.

Don't mess around here, this isn't a joke. Answer me, who stops that in anarchy.
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@dfss9788
nor did you address that much of these sexual freedoms are already possible with a marriage approved by the parents and/or a court, as the case may be. (There are thousands of such marriages in the USA every year).
You sure the courts will let a 13 year old marry someone?  

But marriage is too binding, regardless of age unless you want to start a family. 

If Spain can let 13 year olds have consensual sex and not have it be classified as pedophilia, I fail to see why the US can't follow suit.
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@TheUnderdog
do your god damn research.
spain's age of consent is now 16 you moron.
if you actually did research other than get your info from r/pedophile you would know this.
i simply looked up age of consent in spain and this was the first result.
IF spain's age of consent was 13 i dont give a damn because that's an entirely different country.

F U
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@drlebronski
I thought the source I provided was good enough.

IF spain's age of consent was 13 i dont give a damn because that's an entirely different country.
If it worked in Spain, it could work here.  The left doesn't have this attitude with UHC.  They are like, "It worked in Europe, so lets try it here."
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@TheUnderdog
I thought the source I provided was good enough.

IF spain's age of consent was 13 i dont give a damn because that's an entirely different country.
If it worked in Spain, it could work here.  The left doesn't have this attitude with UHC.  They are like, "It worked in Europe, so lets try it here.

lol i expected a damn argument you gave me some bs about how you thought your outdated map was a good source.
who said it god damn worked they ended up changing to 16.
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the ussr worked so lets try it in america
Athias
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@RationalMadman
A 25+ year old sexually interacting with a 14 year old.
And am I to presume that mere sexual interaction in your view between a 25+ year-old and a 14 year-old constitutes "taking advantage" and/or "violation"? Why? Can she not consent to sex? Or is she only "allowed" to provide "legal" consent to 25- year olds?

Don't mess around here, this isn't a joke
I assure you that I am neither "messing" nor "joking" around.

Answer me, who stops that in anarchy.
We first must establish whether this should be stopped. And that in part is contingent on your explanations of "taking advantage" and "violation."
dfss9788
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@TheUnderdog
You sure the courts will let a 13 year old marry someone?  

But marriage is too binding, regardless of age unless you want to start a family. 
For what reason they would or would not, I don't know. Perhaps you should advocate for abolishing the marriage requirement and having merely parental and/or court approval being sufficient. The marriage licensing process does serve as a venue for paperwork evidencing parental permission.


If Spain can let 13 year olds have consensual sex and not have it be classified as pedophilia, I fail to see why the US can't follow suit.

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@Athias
you are blocked and a danger to society
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@RationalMadman:

you are blocked and a danger to society
If you wish to disengage this discussion with me, which I'll remind you that you instigated, then that's fine. Blocking me is a tad much, but emotional reactions are your way. Good day to you, sir.

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@Athias
And am I to presume that mere sexual interaction in your view between a 25+ year-old and a 14 year-old constitutes "taking advantage" and/or "violation"? Why?
Yes. The presumption is a protective one on the side of caution. There are exceptions to it where, for example, a marriage approved by parents and a court may lift the presumption.
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@dfss9788
Yes. The presumption is a protective one on the side of caution. There are exceptions to it where, for example, a marriage approved by parents and a court may lift the presumption.
Let me ask: do you object to two fourteen year-olds legally consenting to a sexual relationship?

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@Athias
Let me ask: do you object to two fourteen year-olds legally consenting to a sexual relationship?
Not per se. The compelling interest is the protection of a vulnerable group. A 14 year old may take advantage of another 14 year old just as much as a 25 year old may. Though, I'm imagining that the probability is less. So, a precautionary presumption may not apply the same way. For example, mere parental approval may be sufficient whereas the other circumstances a court sanctioned marriage may be appropriate. It would simply depend on studies and data, and I have not taken the time to dig in to that.
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@dfss9788
Not per se. The compelling interest is the protection of a vulnerable group. A 14 year old may take advantage of another 14 year old just as much as a 25 year old may. Though, I'm imagining that the probability is less.
So then what informs this statutory division between a 14 year-old and a 25 year-old if the one "taking advantage" is a moot point? You've inferred that the quantification of vulnerability--or at least the quantification of its alleged "probability"--informs this division, but can vulnerability be quantified, much less its probability?

It would simply depend on studies and data,
Why would data be required on this? Who's a better informant on his/her own "vulnerability" than the person him or herself?

I've debated on this subject before, and wrote an extensive OA which I think would be pertinent. I warn you: it's quite a read.

Age of consent policies arbitrarily divide the capacity for individuals to make value judgements as it concerns sex based on their age alone. In the United States, it varies from state to state usually between the ages of 16 and 18 (where 16 is adopted by a majority of the states.) The reasoning for this framework is identical to that which informs the supervision of an infant by its parent: an infant's naivety to the dangers of its environment subjects it to the prospect of mortal danger; therefore, as the more experienced party, the parent presumes the infant's proxy in all decisions which serve the infant's utility. The government's approximation of this is known as Parens Patriae. At first glance, it's difficult to argue against this rationale. After all, our species has persisted due to the experience and innovation of its predecessors. So then why would I challenge the "wisdom" of a government using its "experience" in its seeking to protect the most naive of its citizens? We must first consider that from which we are attempting to protect them.

It's important to note that age of consent doesn't protect minors from the dangers of sex. Instead these policies seek to regulate those with whom the minor engages in sexual contact and activity. Seldom are sexual interactions among minors condemned and/or punished, and in the cases where court proceedings are conducted, often the liability of each minor party is mitigated by Romeo and Juliet laws. When we speak of age of consent, typically one party is a minor and the other is an adult. Now here's the inconsistency: sexual contact between adult and minor is almost always condemned and punished. Ceteris Paribus, the sexual contact and sensations experienced between minor and minor and adult and minor (and even adult and adult) aren't different. The mechanics are essentially the same. If the government took the position that the participation of any minor in sexual activity is prohibited, that would be one thing. But to condemn it particularly in the cases where an adult is involved as if some non-sexual benefit (which these policies presume to be "predation") manifests makes no sense. After all, the adult is often presumed legally to be the competent and experienced party. The logic in this case is "reversed" in that the adult's experience, competence, and dare I say "wisdom," are presumed to harm the minor. The presumptions made about adulthood which served the adult's benefit is now used to aid in that adult's disadvantage. One would presume that adults would be more competent in dealing with unexpected pregnancies, STI's contractions, financial obligations, etc. Instead, the government treats this capacity as the makings of a predator.

The second inconsistency I'd like to explore is consent. The law deems that minors cannot provide valid consent to sexual interaction with those among the age of majority. It dismisses the value judgements which inform consent. Deciding the capacity to consent on age alone produces a slippery slope argument. If the minor has no capacity to provide valid consent, then operating on that same logic, said minor cannot withhold assent, or provide valid dissent because age of consent policies render value judgements by a minor on his her own sexual desire and capacity null. It's one thing to state that a person who was raped DID NOT CONSENT; it's another to state that said person COULD NOT consent. Extending this premise of incapacity to provide valid consent to its logical conclusion would make it impossible to rape a minor because the minor would have the capacity to know that which is neither in its best interests, nor its worst interests--an undeniably absurd inference. The government, in my estimation, is currently operating on the illogical platitude, as described by Judith Levine in her book, Crimes of Passion: Harming Minors, "statutory rape is not about sex the victim says she did not want. It is about sex she did want but which adults believe she only thought she wanted because she wasn't old enough to know she didn't want it." The government can't have it both ways: either the minor is capable of making value judgements and thereby can provide valid consent and dissent, or the minor can't, and we ultimately render the sexual prospects of that minor to the decisions of an outside party. Furthermore, would rendering these decisions on the sexual prospects of minors to outside parties be moral?

Morals are concepts which establish conditions in which we ought to live, usually separated by notions of right and wrong, or good and evil. For this particular debate, I'm going to subscribe to epicurean moral themes--i.e. happiness is the greatest good, and pain and suffering is the worst. The former is maximized, and the latter is minimized best by individualist philosophy, particularly the axiom of individual sovereignty--i.e. we are of and ought to have exclusive control over ourselves. [I will expand on the reasoning as the debate continues.] From there, other concepts are derived such as liberty, property, association, etc. Now what does any of this have to do with sex? When a minor decides to have sex, said minor either thoughtfully or superficially considers the value(s) in having sex. It could be to attract the attachment of one whom the minor desires, boredom, lust, control, etc. Whatever the reason, one thing always remains constant: the minor is behaving his or her body in sexual contact. When the government can arbitrarily impose policy that dictates how an individual, in this case a minor, can behave his or her body, the government is presuming authority over that minor's body, undermining that minor's individual sovereignty. The government is committing an infraction upon a fundamental right of all individuals, including minors, to behave themselves as they see fit so long as it doesn't interfere with another individual's capacity to the same. The government recognizes, for example, a 14 year old female's right to bodily autonomy when she decides to get an abortion, but doesn't acknowledge said autonomy as it concerns the very act which produced the result that informs her decision to get an abortion? This inconsistency is demonstrative of government whim, which necessarily makes minors government property because their capacity to express values as it concerns themselves are diminished and outright dismissed in favor of government priority. And human beings--individuals--no matter how old, are the property of no one else.

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@TheUnderdog
Yep...Sex.....More human overthink.

Of course, "consent" is the key word.

And how do you police consent.

You can't is the simple answer.


So you create a loose set of guidelines and laws, and trust that most adults will adhere to them, and hope that minors will pay attention to adult advice.

Works reasonably well....Which is probably the best that can be expected.


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Age of consent is about protecting those who are mentally vulnerable to those who are more mentally savvy. To state that a 30-year-old having sex with a 14-year-old is appropriate is not appropriate. Taking advantage of a 14-year-old are convincing her that she wants to have sex is exactly the kind of thing people have been talking about when it comes to rape or lack of consent. I'm for protecting children, and not penalizing people who are close in age from having sex. Cases should be done on an individual basis to determine whether or not some sort of consent violation occurred. But there's no reason people under the age of 18 should be having sex with someone that's more than 5 years older than them there is a huge difference between the mental and physical body of a 14-year-old and a 19 year old.
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13 is too young. Some guys and girl haven't even hit puberty or have had the talk yet with their parents. They simply don't know what consent is at the time and can not properly function at all. I think the status quo is just fine. Most people at 16 are learning consent and are going through puberty (late stages or early stages), and are fully capable of knowingly consenting. I'd even argue raising it to 17
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There's also relative studies to confirm my point as well about maturing and adolescences and puberty. Hell I don't think I hit puberty at 13.
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@Polytheist-Witch
Age of consent is about protecting those who are mentally vulnerable to those who are more mentally savvy.
Not it's not; age of consent is about sustaining the State's and to some extent parents' priority over the minor's sexual prospects. It's not about "protecting them" at all.

To state that a 30-year-old having sex with a 14-year-old is appropriate is not appropriate.
I agree that it's inappropriate; however, impropriety is not the same as "criminal."

Taking advantage of a 14-year-old are convincing her that she wants to have sex is exactly the kind of thing people have been talking about when it comes to rape or lack of consent.
What constitutes "taking advantage"? Is "she" in any way coerced into having sex? In the absence of duress, does "she" bear the incapacity to consent to sex?

I'm for protecting children, and not penalizing people who are close in age from having sex.
So "she" can consent to sexual interaction with another 14 year-old, but she can't consent to sexual interaction with a 30 year-old? Ceteris paribus, how are the implications and mechanics different from the former when compared with the latter?

Cases should be done on an individual basis to determine whether or not some sort of consent violation occurred.
So why does age qualify consent?

But there's no reason people under the age of 18 should be having sex with someone that's more than 5 years older than them there is a huge difference between the mental and physical body of a 14-year-old and a 19 year old.
What relevance does being five years older, the mental and physical differences bear in establishing whether "she"--a 14 year-old that is--has been raped?
Athias
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@Vader
13 is too young. Some guys and girl haven't even hit puberty or have had the talk yet with their parents. They simply don't know what consent is at the time and can not properly function at all.
First, what is "consent"? Second, what do you mean by "properly function"?

There's also relative studies to confirm my point as well about maturing and adolescences and puberty. Hell I don't think I hit puberty at 13.
Why would any of these studies matter?

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Being pro rape and child molesting is not a good look.
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@Polytheist-Witch
Being pro rape and child molesting is not a good look.
I am neither. And this point is diminished by the fact that in the advent of age of consent restrictions, rape and child-molestation still persists--ironically some of which is perpetrated by individuals who are members of the very government which (allegedly) seeks to prevent it.
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@Athias
Not per se. The compelling interest is the protection of a vulnerable group. A 14 year old may take advantage of another 14 year old just as much as a 25 year old may. Though, I'm imagining that the probability is less.
So then what informs this statutory division between a 14 year-old and a 25 year-old if the one "taking advantage" is a moot point? You've inferred that the quantification of vulnerability--or at least the quantification of its alleged "probability"--informs this division, but can vulnerability be quantified, much less its probability?
Can't speak for all the legislatures, but one issue is that a 25 year old is usually an independent person while a 14 year old probably is dependent on and accountable to his parents. I mean, I don't see any mechanism outside the law for controlling what a 25 year old does. That, and I'm imagining that there's simply less opportunity for 14 year olds to be abusive with each other because they're more on a level playing field mentally. (not that it doesn't happen) There's also less knowledge of the world and laws and what have you. Teenagers are going to want to have sex with each other and they see each other all the time from schools. I don't see any purpose in having a punitive statutory regime for regulating it when it can already be regulated through parental oversight.

It would simply depend on studies and data,
Why would data be required on this? Who's a better informant on his/her own "vulnerability" than the person him or herself?
It is the parents' role to look out for their children.

I've debated on this subject before, and wrote an extensive OA which I think would be pertinent. I warn you: it's quite a read.
RN it's a TLDR. Maybe later.
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@dfss9788
Can't speak for all the legislatures, but one issue is that a 25 year old is usually an independent person while a 14 year old probably is dependent on and accountable to his parents. I mean, I don't see any mechanism outside the law for controlling what a 25 year old does. That, and I'm imagining that there's simply less opportunity for 14 year olds to be abusive with each other because they're more on a level playing field mentally. (not that it doesn't happen) There's also less knowledge of the world and laws and what have you.
Being on a level playing field mentally creates less opportunity for abuse? So couldn't one infer that abusive relationships among those within the age of majority by its nature is minimized? Do you view this as an accurate gauge? Furthermore, what role does "knowledge of the world" play in having sex? Having sex is not all that complicated.

Teenagers are going to want to have sex with each other and they see each other all the time from schools. I don't see any purpose in having a punitive statutory regime for regulating it when it can already be regulated through parental oversight.
So why can't the interactions between a teenager and an adult also be regulated by parental oversight? Why does it require a punitive statutory regime?

It is the parents' role to look out for their children.
That doesn't answer the question. For example, my parents may have looked out for me during my formative years, but that doesn't mean that they knew me better than I did. Why would their looking out for me be more of a testament to my interests than my own word?

RN it's a TLDR. Maybe later.
Understandable. There are no time restrictions, so read it at your leisure.
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We should totally let 14-year-olds be considered legal adults and have their own jobs and apartments screw school learning anything just let him go get their own place and have sex all they want to that's a perfect idea because they're totally prepared for everything that life has to throw at them at 14. At least the girls cuz that's who everybody keeps talking about how the girls should be able to decide to f*** a 30 year old man if they want to.
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Being on a level playing field mentally creates less opportunity for abuse? So couldn't one infer that abusive relationships among those within the age of majority by its nature is minimized? Do you view this as an accurate gauge? Furthermore, what role does "knowledge of the world" play in having sex? Having sex is not all that complicated.
There is less opportunity to take advantage of someone who is fully mentally equipped. 14 year olds... their brains aren't finished cooking yet, at least not until they're 18 AFAIK. Diminished capacity is a problem not just for younger teenagers but there are other vulnerable people whose lack of wits leaves them weak and vulnerable. Retarded people and the elderly having cognitive decline come to mind. On the other end of the age spectrum we have stupid old farts who have zero sexual capital but tons of money. Scamming old people is a cottage industry these days, and we have plenty of elder abuse laws on the books to protect them from that. These laws don't seem to be working very well though.

So why can't the interactions between a teenager and an adult also be regulated by parental oversight? Why does it require a punitive statutory regime?
Well, a 14 year old usually is dependent on his parents and subject to their oversight. He can be controlled by them. A 25 year old usually is independent and is not subject to parental oversight. 

It is the parents' role to look out for their children.
That doesn't answer the question. For example, my parents may have looked out for me during my formative years, but that doesn't mean that they knew me better than I did. Why would their looking out for me be more of a testament to my interests than my own word?
Well, you seemed to ask why data and studies would be relevant IIRC. Yes, that question did go unanswered. Suffice to say there exists relevant evidence. Data and studies are usually the type of evidence that I find to be most compelling for policy making issues. Getting in to a discussion over which sort of evidence is relevant isn't really necessary we haven't really looked at any.

As to the latter issue, yes parents make bad decisions when it comes to their children all the time. This is a general problem that isn't really specific to this issue. That children are subject to their parents' poor decision making... I mean what are we to do about that in general? Provide a local appeals board for kids where they can petition to have their parents' decisions overruled? I don't think such a thing would be palatable, and for lack of a better system the status quo should stand.