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Depends on the child

Posted by Markaba on 2012-January-12 02:58:50 EST, Thursday
In reply to What age do you think children can consent? posted by redcocoa101 on 2012-January-12 02:04:09 EST, Thursday
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I support the testing system (or something very like it) proposed by Robert Epstein. Ergo, a child who both desired to and possessed the ability to test out of minor status could consent to sex (or any other "adult" activity) without any legal consequences to the adult who participated in sex with them. Obviously most kids that were interested and could pass the tests would be teens, then a few preteens, and on down. Hmm, this actually poses a new question which deserves its own post, so I'll do that.

Beyond that, the legal response would depend on circumstances, taking into account the minor's intelligence, emotional maturity, etc. as well as the circumstances in which he or she engaged in sex with an adult. Just because a child claimed to consent and understand the consequences doesn't mean they necessarily did. We would have to be very, very careful and err on the side of caution, I think. Some people here claim that anyone who would manipulate a child into sex would do so anyway in the current environment--I think that position is extremely naive. There are a LOT of manipulative adults out there, and I'm not convinced there wouldn't be a slew of such who would hide behind the law if it allowed any kind of sex with minors and claim the child consented whilst threatening the child to say whatever they want the child to say. Adults are smarter than kids on the whole, and even educating them will not fix that basic disparity.

Markaba

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