Re: Sex with girl, 10, was consensual, says accused ma

i think confusion arises because the word 'consent' has a common or vernacular meaning which is similar to the meaning of 'assent', which is something like 'thinking along with'.

otoh, in law, 'consent' is a technical term with a very specific set of definitions. it is a binary property that is either present or absent. this gives it an artificial quality and an almost complete incongruity with the vernacular.

i think when we say 'consent' we mean expressions of the nature of 'mmm. yes. i like that. can we do it again?' but in a court of law, those kinds of expressions only have meaning if uttered by individuals who have the capacity to deliver technically legal consent, generally on the basis of age, state of consciousness, freedom from coercive factors etc.

i think the ethics of a situation, whether 'consent' exists, is highly specific and often subjective, and there may well be situations where common consent exists and an act is ethically sound, but where the law denies that consent and finds a fault.

i think what it comes down to for me is that i believe that yes, a ten year old can decide for herself what she finds comfortable and enjoyable, even if it involves a sex act, but that the simple fact that a breach of the law is involved, whatever one's personal feelings about that law, affects the ethical decision.

basically i think it is wrong to get sexually involved with children, but that belief is largely founded on the principle that it is wrong to break the law and defy social boundaries, especially with a child, and not based on any idea of supposed harms intrinsic to sex with children.