4 ms·

Do you think RMS argument is wrong here though? Why? Age of consent in my (European) country is 16. Do you think we are all rapists here? And looking up the la

by ralfd 7y ago

Do you think RMS argument is wrong here though? Why? Age of consent in my (European) country is 16. Do you think we are all rapists here? And looking up the law 14 is permissible (with a few caveats), even if the other person is over 21. In the United States it depends on the state. So Minsky would have done a horrible rape crime in the US Virgin Islands (age of consent 18), but in Massachusetts (age of consent 16) ... it would be all perfectly fine and A-okay? This appeal to law seems a bit relativistic for making a moral judgement?

foldr 7y ago
I don't see how what you're saying is relevant. RMS said that the age was a "minor detail". He didn't make any claim about what the age of consent should be. Given his previous comments, one suspects he doesn't think there should be one: https://www.stallman.org/archives/2006-may-aug.html#05%20June%202006%20%28Dutch%20paedophiles%20form%20political%20party%29 https://www.stallman.org/archives/2006-may-aug.html#05%20Jun...
- ralfd 7y ago
  He said age "17 or 18" is a minor detail, which from my perspective, coming from a country which has an age of consent under both, I agree.
  - foldr 7y ago
    I don't understand what he means by that. If there is an age of consent, then some people will be under it by a year. What is the alternative? In your country, there are also people a year under the age of consent. Whether not someone is above the age of consent cannot possibly be considered a "minor detail" in determining whether or not they consented.
    - hdfbdtbcdg 7y ago
      Put it this way a member of the Norwegian government has been widely reported to have had sex with a drunk 17 year old (I am not certain whether the reports are true since the teenager has declined to comment). If the age of consent were 18 then the minister would have been investigated by the police. Since it is 16 the minister continues to serve in the government without stigma. Big difference in outcomes but the teenager is the same age. Of course there has to be a cutoff. 16 seems reasonable to me. But I would not have sex with any teenager.
      - foldr 7y ago
        >Of course there has to be a cutoff. In which case the difference between $AGE and $AGE-1 is not a "minor detail".
        hdfbdtbcdg 7y ago
        Legally speaking no it is not. Morally speaking yes it can be (depending on many factors). Some legal systems attempt to account for this. E.g. England and Wales have two key ages. Having sex with someone under 16 might be (to use US terms) rape or statutory rape depending on whether the person under 16 consented. Both are illegal but rape more so. Having sex with someone under 13 is always rape since children under 13 are not considered able to consent. But in some cases 16 is not the cutoff if e.g. a teacher has sex with a pupil under 18 this is also always illegal. On the other hand if the defendant genuinely did not know the chief witness was under 16 and there was consent this is a defense.
        foldr 7y ago
        RMS was objecting to the legal definition of rape (hence the reference to it varying between countries). But if you want to switch to the moral issue, then that’s even more black and white. Is it ok for a 70 year old man in a position of power to (hypothetically) have sex with a 17 year old girl? Erm, no. Can sex in such circumstances be fully consensual? No, it can’t. So if your suggestion is that RMS was making some kind of defensible moral argument, I can’t imagine what it might be. I happen to be English so I’m familiar with the laws in England. I don’t see how any of that is relevant. The English law has cutoffs of exactly the same kind (it’s just that the relevant age threshold is usually 16 rather than 18). Obviously, no-one thinks that any such threshold can be completely non-arbitrary. It is just as "morally absurd" for sex between two 16 year olds to be legal and sex between a 16 year old and a 15 year old to be illegal. But unless - like RMS - you fail to recognize that age is a factor in consent, you have to make a cut somewhere. Apparently, from RMS's point of view, the most troubling feature of such laws is that they may prevent 70 year old Profs screwing 17 year old girls.
        7y ago
hdfbdtbcdg 7y ago
At the time the age of consent was 16 in the US Virgin Islands...

by ralfd 7y ago

foldr 7y ago

I don't see how what you're saying is relevant. RMS said that the age was a "minor detail". He didn't make any claim about what the age of consent should be. Given his previous comments, one suspects he doesn't think there should be one: https://www.stallman.org/archives/2006-may-aug.html#05%20June%202006%20%28Dutch%20paedophiles%20form%20political%20party%29 https://www.stallman.org/archives/2006-may-aug.html#05%20Jun...

ralfd 7y ago
He said age "17 or 18" is a minor detail, which from my perspective, coming from a country which has an age of consent under both, I agree.
- foldr 7y ago
  I don't understand what he means by that. If there is an age of consent, then some people will be under it by a year. What is the alternative? In your country, there are also people a year under the age of consent. Whether not someone is above the age of consent cannot possibly be considered a "minor detail" in determining whether or not they consented.
  - hdfbdtbcdg 7y ago
    Put it this way a member of the Norwegian government has been widely reported to have had sex with a drunk 17 year old (I am not certain whether the reports are true since the teenager has declined to comment). If the age of consent were 18 then the minister would have been investigated by the police. Since it is 16 the minister continues to serve in the government without stigma. Big difference in outcomes but the teenager is the same age. Of course there has to be a cutoff. 16 seems reasonable to me. But I would not have sex with any teenager.
    - foldr 7y ago
      >Of course there has to be a cutoff. In which case the difference between $AGE and $AGE-1 is not a "minor detail".
      - hdfbdtbcdg 7y ago
        Legally speaking no it is not. Morally speaking yes it can be (depending on many factors). Some legal systems attempt to account for this. E.g. England and Wales have two key ages. Having sex with someone under 16 might be (to use US terms) rape or statutory rape depending on whether the person under 16 consented. Both are illegal but rape more so. Having sex with someone under 13 is always rape since children under 13 are not considered able to consent. But in some cases 16 is not the cutoff if e.g. a teacher has sex with a pupil under 18 this is also always illegal. On the other hand if the defendant genuinely did not know the chief witness was under 16 and there was consent this is a defense.
        foldr 7y ago
        RMS was objecting to the legal definition of rape (hence the reference to it varying between countries). But if you want to switch to the moral issue, then that’s even more black and white. Is it ok for a 70 year old man in a position of power to (hypothetically) have sex with a 17 year old girl? Erm, no. Can sex in such circumstances be fully consensual? No, it can’t. So if your suggestion is that RMS was making some kind of defensible moral argument, I can’t imagine what it might be. I happen to be English so I’m familiar with the laws in England. I don’t see how any of that is relevant. The English law has cutoffs of exactly the same kind (it’s just that the relevant age threshold is usually 16 rather than 18). Obviously, no-one thinks that any such threshold can be completely non-arbitrary. It is just as "morally absurd" for sex between two 16 year olds to be legal and sex between a 16 year old and a 15 year old to be illegal. But unless - like RMS - you fail to recognize that age is a factor in consent, you have to make a cut somewhere. Apparently, from RMS's point of view, the most troubling feature of such laws is that they may prevent 70 year old Profs screwing 17 year old girls.
        7y ago

hdfbdtbcdg 7y ago

At the time the age of consent was 16 in the US Virgin Islands...