False dichotomy?

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False dichotomy?

Posted by Hen-Wen on 2008-October-14 08:48:58 EDT, Tuesday

In reply to Ignorance = Vulnerability. Simple Truth. posted by Eeyore on 2008-October-14 08:01:44 EDT, Tuesday

Sending people to jail for consensual sexual activity OR allowing coercive sexual activity to occur?

Honestly, I think the criminal law should be reserved for where it can be proved beyond a reasonable doubt that there was no consent. Otherwise, what you have is what is in essence an absolute liability criminal offense (no mens rea is required). I do agree, however, the the bar should probably be set a little higher for, say, those under 12, and higher still when it comes to those under 9, when it comes to demonstrating consent.

There are surely other possible remedies than the criminal law for when non-violent coercion is suspected, though.

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Responses

Re: False dichotomy? - Goethe on 2008-October-14 11:07:52 EDT, Tuesday - (1 / 0 / 5)
- Re: False dichotomy? - Hen-Wen on 2008-October-14 20:21:16 EDT, Tuesday - (0 / 0 / 4)
  - Re: False dichotomy? - Goethe on 2008-October-15 02:25:13 EDT, Wednesday - (1 / 0 / 3)
    - '100% proof' - Hen-Wen on 2008-October-15 23:54:08 EDT, Wednesday - (0 / 0 / 2)
      - Re: '100% proof' - Goethe on 2008-October-16 01:27:29 EDT, Thursday - (1 / 0 / 1)
        
        'All cases should be put to the same scrutiny' - Hen-Wen on 2008-October-16 02:16:14 EDT, Thursday - (0 / 0 / 0)
Re: False dichotomy? - Eeyore on 2008-October-14 09:43:25 EDT, Tuesday - (1 / 0 / 10)
- For sure. Teenagers are adults. - Hen-Wen on 2008-October-15 23:55:26 EDT, Wednesday - (1 / 0 / 9)
  - that's beside the point - Eeyore on 2008-October-16 08:45:48 EDT, Thursday - (1 / 0 / 7)
    - No, no... I'm *agreeing* with you. - Hen-Wen on 2008-October-16 09:17:02 EDT, Thursday - (1 / 0 / 6)
      - agreeing* - Eeyore on 2008-October-16 09:32:03 EDT, Thursday - (0 / 0 / 5)
        
        Re: agreeing* - Goethe on 2008-October-16 11:26:26 EDT, Thursday - (1 / 0 / 4)
        
        Actually, the brain doesn't finish 'developing' - Hen-Wen on 2008-October-16 21:40:36 EDT, Thursday - (1 / 0 / 0)
        
        Re: agreeing* - Baldur on 2008-October-16 20:27:31 EDT, Thursday - (0 / 0 / 1)
        
        Driving, smoking, drinking age etc... - Goethe on 2008-October-17 08:34:20 EDT, Friday - (1 / 0 / 0)
        
        agree (nt) - Eeyore on 2008-October-16 15:12:06 EDT, Thursday - (1 / 0 / 0)
  - Re: For sure. Teenagers are adults. - Goethe on 2008-October-16 01:42:43 EDT, Thursday - (1 / 0 / 0)