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> The balancing between protection of the abused and individual freedom is easy to make: on one hand, you have children being raped, on the other hand, you have
by henrikschroder 9y ago
> The balancing between protection of the abused and individual freedom is easy to make: on one hand, you have children being raped, on the other hand, you have young lovers that may have to wait a few years before fucking. I would say the first goal has priority.
No, no, no. That's not how age of consent laws work, not even in parts of the US.
The main purpose of the age of consent is to define the difference between rape and child molestation. Both are illegal acts involving non-consensual sex, but the latter has a much stronger punishment, because society wants a larger deterrent for it. We think it's the worse crime.
The secondary effect is that it's easier for the person below the age of consent to be believed by the courts if that person claims the sex was non-consensual. Many regular rape cases unfortunately end in a he said/she said without much technical evidence, in which case there's no conviction. If an underage person is involved, society spends more resources on figuring out if a crime actually happened. This is good, because it adds to the deterrent.
In case of consensual sex between two people where both are below the age of consent or on different sides of it, it's obvious to me that society shouldn't pursue a criminal conviction. In the US, this is usually codified into age of consent laws as a "Romeo & Juliet clause", and other places usually have something similar.
There are of course parts of the US and the world where age of consent is high and there are no exemptions, because those places are neurotic about sex and want to impose some sort of morality on their teenagers. That's unfortunate, and I hope people oppose those laws.
> If we open the pandora box of consent under 18, we will have to tread very carefully.
What box? It's under 18 for large parts of the US. It's 14/15 in many places in Europe, and it has been that way for decades. There's plenty of facts if you want to measure the effects of different ages of consent.
Also, I believe that the average age of sexual debut is 17 in many parts of the US. To criminalize over half the teenage population is, to put it bluntly, fucking stupid. The laws of a society should reflect the morality of its citizens.