# Determining The Proper Age of Consent **URL:** \ **Category:** Great Debates\ **Created:** [January 6, 2013, 6:33am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240 "2013-01-06T06:33:55Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![DevilMayhem666](https://avatars.discourse-cdn.com/v4/letter/d/258eb7/32.png) [@DevilMayhem666](https://boards.straightdope.com/u/DevilMayhem666)\ **Post date:** [January 6, 2013, 6:33am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/1 "2013-01-06T06:33:55Z")
The definition of consent in the legal dictionary. > [@](#): > > Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of these powers. The age of sexual consent is usually set at 14 to 16 worldwide, rarely below the former and rarely above the latter. But what is the appropriate age to say one is truly maturity enough for sex activity? The average Age of Consent worldwide is 16 and I believe that it is quite acceptable due to three factors. > **[consent](https://legal-dictionary.thefreedictionary.com/consent)** > > Definition of consent in the Legal Dictionary by The Free Dictionary 1. The first factor is of course sexual maturity. When the body is ready for sex is obviously the first kind of maturity to consider when it comes to sexual activity. For example, a pregnant woman with an undeveloped pelvis would usually require a C-section, so its best to wait for sex when puberty is finished which is usually around the age of 16. > [@](#): > > For girls, puberty begins around 10 or 11 years of age and ends around age 16. Boys enter puberty later than girls-usually around 12 years of age-and it lasts until around age 16 or 17. Girls and boys usually begin puberty around the same time their mothers and fathers did. [http://www.pamf.org/teen/parents/hea....html#Physical](http://www.pamf.org/teen/parents/hea....html#Physical) 1. The second factor to consider is emotional maturity. Now full emotional maturity doesn’t happen until the mid 20s but to make the AOC that high is ridiculous. However it seems that a 15 year old is emotionally mature enough for sexual activity, as it appears to be the cut-off to prevent emotional damage from from the act. > [@](#): > > Compared to ages 15–17, those with age of first intercourse between 12 and 14 had increased rates of lifetime disruptive behavior, substance use, mental disorder, and suicidal ideation and attempts (adjusted odds ratio (AOR) range, 1.46–2.01). [http://link.springer.com/article/10....508-008-9463-5](http://link.springer.com/article/10....508-008-9463-5) 3. The third and most important factor to consider is intellectual maturity. Consent is about the capacity of mind where one understands what they are doing and its consequences. The cognitive abilities of the brain which covers awareness, perception, reasoning, and judgment reaches adult levels by the age of 16. > [@](#): > > A 16-year-old might be quite capable of making an informed decision about whether to end a pregnancy – a decision likely to be made after due consideration and consultation with an adult – but this same adolescent may not possess the maturity to be held to adult levels of responsibility if she commits a violent crime, according to new research into adolescent psychological development. > [@](#): > > In contrast, differences in cognitive capacity measures increased from ages 11 to 16 and then showed no improvements after age 16 – exactly the opposite of the pattern found on the psychosocial measures. Certain cognitive abilities, such as the ability to reason logically, reach adult levels long before psychosocial maturity is attained, Steinberg said. [http://www.sciencedaily.com/releases...1007153745.htm](http://www.sciencedaily.com/releases...1007153745.htm) > [@](#): > > Policymakers face the question of when teenagers are responsible for their actions or can make reasoned decisions, such as in medical situations, and there is no simple answer because it is possible that an adolescent may be mature enough for some but not all decisions, according to Steinberg. The circumstances under which a 16-year-old makes medical decisions or commits crimes are very different and place different demands on their brains and abilities, he said. Brain systems implicated in basic cognitive processes reach adult levels of maturity by mid-adolescence, whereas those that are active in self-regulation do not fully mature until late adolescence or even early adulthood, he noted. [http://www.sciencedaily.com/releases...0803153121.htm](http://www.sciencedaily.com/releases...0803153121.htm) If informed about STDs, contraception, as well as the difference between love and lust through sex education a person at the age of 16 can be quite responsible when it comes to sexual health. Just look at the Netherlands for example and its Age of Consent is 16. > [@](#): > > Subsidized by the Dutch government, the “Lang leve de liefde” (“Long Live Love”) package, developed in the late 1980s, aims to give teenagers the skills to make their own decisions regarding health and sexuality. Nearly all secondary schools provide sex education, as part of biology classes and over half of primary schools discuss sexuality and contraception. Starting the 2012 school year, age-appropriate sex education -including education about sexual diversity- will be compulsory in all secondary and primary schools. The curriculum focuses on biological aspects of reproduction as well as on values, attitudes, communication and negotiation skills. The media has encouraged open dialogue and the health-care system guarantees confidentiality and a non-judgmental approach. The Netherlands has one of the lowest teenage pregnancy rates in the world, and the Dutch approach is often seen as a model for other countries. [http://en.wikipedia.org/wiki/Sex\_edu...he\_Netherlands](http://en.wikipedia.org/wiki/Sex_edu...he_Netherlands) However, I also support how Pennsylvania handles this situation. Well the Age of Consent is 16 there someone 18 or older who has sex with someone between the ages of 16 and 18 could potentially be charged with “corruption of a minor”. According to the statute, “The question of whether consensual intercourse with a minor 16 years or older tends to corrupt the morals of that minor is a jury question to be decided by the “common sense of the community”. For example, if an adult sleeps around with a 16 or 17 year old minor against the parent’s wishes they can be charged with first degree misdemeanor but doesn’t have to registry as a sex offender. Do you agree or disagree with me? If you do disagree state why. ---
**Author:** ![Sevencl](https://avatars.discourse-cdn.com/v4/letter/s/d9b06d/32.png) [@Sevencl](https://boards.straightdope.com/u/Sevencl)\ **Post date:** [January 6, 2013, 6:37am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/2 "2013-01-06T06:37:55Z")
This is something discussed a lot in the medico-legal community: some terms to google are “Gillick competence” and “Fraser guidelines” ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [January 6, 2013, 6:50am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/3 "2013-01-06T06:50:36Z")
Interesting that you are defining the phrase exclusively in terms of sex. There are other issues, like signing contracts, like being mature enough to be charged as an adult rather than a juvenile for a crime, like being old enough to drink or join the armed forces, or be free of parental control. I think the bright line drawn for some of these issues, and the fuzzy lines drawn on others, are far more likely to be drawn for political expediency and various social pressures rather than any rational basis. But even restricting the issue to sex, what am I supposed to agree with you about? You’ve made a couple of positive statements about a couple of different policies, but have made no real assertions yourself. ---
**Author:** ![Great\_Antibob](https://avatars.discourse-cdn.com/v4/letter/g/e47c2d/32.png) [@Great\_Antibob](https://boards.straightdope.com/u/Great_Antibob)\ **Post date:** [January 6, 2013, 7:04am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/4 "2013-01-06T07:04:04Z")
Yeah, I’m not sure where the debate is supposed to be. To the OP (welcome to the SDMB, by the way), if you’ve read any previous thread on a similar topic, you’ll see the consensus is that the age of majority (for legal adulthood, age of consent, etc) is arbitrary. Most people do realize that it’s not going to be a hard line. There’s not going to be any significant different between a person 17 years, 364 days old and 18 years old. Some individuals are more prepared for legal majority at 13 than others at 50. So, what is your point? That some 16 or 17 year olds are mature enough to decide when to have sex with adults? Well, there’s no debate there. Most of us recognize that but also accept that existing laws can’t be one size fits all. That still doesn’t devalue the existence of a cutoff at all or devalue laws that don’t allow as much leeway for sex with minors. It’s still an overall social benefit, no matter the existence of a some small number of exceptions. ---
**Author:** ![jackdavinci](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackdavinci/32/3259_2.png) [@jackdavinci](https://boards.straightdope.com/u/jackdavinci)\ **Post date:** [January 6, 2013, 11:38am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/5 "2013-01-06T11:38:59Z")
I know it seems cheesy but I’m all for licensing, perhaps with an allowance for a sacrament alternative. It’s what we do for all other permission required activities. It’s not ideal, but it is still a million times an improvement over arbitrary numerical age thresholds. ---
**Author:** ![Condescending\_Robot](https://avatars.discourse-cdn.com/v4/letter/c/a183cd/32.png) [@Condescending\_Robot](https://boards.straightdope.com/u/Condescending_Robot)\ **Post date:** [January 6, 2013, 3:05pm UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/6 "2013-01-06T15:05:01Z")
Yes, it’s arbitrary to some extent but that doesn’t mean it shouldn’t be consistent. It’s pretty darn stupid that in some states in the U.S. a 50 year old can have intercourse with a 15 year old and put up signs on the side of his house bragging about it if he wants, whereas in others a 19 year old who gets a blowjob from a 17 year old risks going to prison and being labeled a sex offender for life. Whatever the age is going to be, it should be consistent across the country. ---
**Author:** ![even\_sven](https://avatars.discourse-cdn.com/v4/letter/e/dfb087/32.png) [@even\_sven](https://boards.straightdope.com/u/even_sven)\ **Post date:** [January 6, 2013, 5:59pm UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/7 "2013-01-06T17:59:32Z")
It’s worth remembering that the age of consent only matters if you get caught. I think this is a good argument for keeping it a touch on the high side, as it is in the US. There is no bright and shining line for maturity, but there is a pretty good measure of if the sex you are having is predatory or not- which is, are people trying to press charges on you? Millions of teens have sex all the time, and it’s rare for charges to be pressed. If your SO is a reasonably mature 17 year old, and you are in a healthy and nurturing relationship, at what point are charges going to be pressed? It’s only going to happen if your partner presses charges, which is a good sign that either they are not mature, or your relationship was not healthy. Or it can happen if their parents somehow find you are having sex _and_ decide to press charges. While it’s not perfect, parents usually have a pretty good idea of how mature their kids are. And a kid who is having sex despite living with parents who are extremely strict about it is certainly showing very bad judgement, is a pretty good sign of immaturity. The other way is that your sexual activity becomes known to some outsider, by having sex in a public place or a girl getting knocked up or some other very immature, ill-advised way. So basically, there already is a filter that keeps healthy mature relationship from getting caught up in this. What is left is a safeguard against those who are taking advantage of young, immature people. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [January 6, 2013, 6:19pm UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/8 "2013-01-06T18:19:19Z")
The proper age of consent is at least one year younger than the chick I’m hot for at the moment. ---
**Author:** ![Cyros](https://avatars.discourse-cdn.com/v4/letter/c/a698b9/32.png) [@Cyros](https://boards.straightdope.com/u/Cyros)\ **Post date:** [January 6, 2013, 9:33pm UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/9 "2013-01-06T21:33:19Z")
> [@BrainGlutton](#): > > The proper age of consent is at least one year younger than the chick I’m hot for at the moment. And one year older than my daughter’s current age. ---
**Author:** ![DevilMayhem666](https://avatars.discourse-cdn.com/v4/letter/d/258eb7/32.png) [@DevilMayhem666](https://boards.straightdope.com/u/DevilMayhem666)\ **Post date:** [January 7, 2013, 1:38am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/10 "2013-01-07T01:38:55Z")
> [@Condescending\_Robot](#): > > Yes, it’s arbitrary to some extent but that doesn’t mean it shouldn’t be consistent. It’s pretty darn stupid that in some states in the U.S. a 50 year old can have intercourse with a 15 year old and put up signs on the side of his house bragging about it if he wants, whereas in others a 19 year old who gets a blowjob from a 17 year old risks going to prison and being labeled a sex offender for life. Whatever the age is going to be, it should be consistent across the country. That’s what I’m saying and that the policies I mentioned should be applied to the US but it does appear I didn’t make that clear. Oh and no state law allows sex between a 15 year old and a 50 year old. > [@Great Antibob](#): > > That some 16 or 17 year olds are mature enough to decide when to have sex with adults? Well, there’s no debate there. Most of us recognize that but also accept that existing laws can’t be one size fits all. That still doesn’t devalue the existence of a cutoff at all or devalue laws that don’t allow as much leeway for sex with minors. Technically, if you are under the age of consent, you cannot consent to having sex _at all._ Many states have “Romeo and Juliet” laws that say if both parties are little bit under the age of consent, it’s ok. And most DAs will not prosecute if both parties are under the age of consent. But it is still, technically, illegal for two ten year olds to have sex. Adult-minor sexual intercourse is strictly illegal in only 8 states. > [@](#): > > It’s still an overall social benefit, no matter the existence of a some small number of exceptions. Intellectual maturity on _average_ happens at 15-16. ---
**Author:** ![DevilMayhem666](https://avatars.discourse-cdn.com/v4/letter/d/258eb7/32.png) [@DevilMayhem666](https://boards.straightdope.com/u/DevilMayhem666)\ **Post date:** [January 7, 2013, 4:50am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/13 "2013-01-07T04:50:49Z")
Just realized the links were broken. Lets fix that. > [@DevilMayhem666](#): > > The definition of consent in the legal dictionary. > > > [@](#): > > > > Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of these powers. > > [Consent legal definition of consent](http://legal-dictionary.thefreedictionary.com/consent) > > The age of sexual consent is usually set at 14 to 16 worldwide, rarely below the former and rarely above the latter. But what is the appropriate age to say one is truly maturity enough for sex activity? The average Age of Consent worldwide is 16 and I believe that it is quite acceptable due to three factors. > > 1. The first factor is of course sexual maturity. When the body is ready for sex is obviously the first kind of maturity to consider when it comes to sexual activity. For example, a pregnant woman with an undeveloped pelvis would usually require a C-section, so its best to wait for sex when puberty is finished which is usually around the age of 16. > > > [@](#): > > > > For girls, puberty begins around 10 or 11 years of age and ends around age 16. Boys enter puberty later than girls-usually around 12 years of age-and it lasts until around age 16 or 17. Girls and boys usually begin puberty around the same time their mothers and fathers did. > > [Health and Wellness at Sutter Health](http://www.pamf.org/teen/parents/health/growth-11-14.html) > > 1. The second factor to consider is emotional maturity. Now full emotional maturity doesn’t happen until the mid 20s but to make the AOC that high is ridiculous. However it seems that a 15 year old is emotionally mature enough for sexual activity, as it appears to be the cut-off to prevent emotional damage from from the act. > > > [@](#): > > > > Compared to ages 15–17, those with age of first intercourse between 12 and 14 had increased rates of lifetime disruptive behavior, substance use, mental disorder, and suicidal ideation and attempts (adjusted odds ratio (AOR) range, 1.46–2.01). > > [Relationship between mental disorders/suicidality and three sexual behaviors: results from the National Comorbidity Survey Replication - PubMed](http://www.ncbi.nlm.nih.gov/pubmed/19219545) > 3. The third and most important factor to consider is intellectual maturity. Consent is about the capacity of mind where one understands what they are doing and its consequences. The cognitive abilities of the brain which covers awareness, perception, reasoning, and judgment reaches adult levels by the age of 16. > > > [@](#): > > > > A 16-year-old might be quite capable of making an informed decision about whether to end a pregnancy – a decision likely to be made after due consideration and consultation with an adult – but this same adolescent may not possess the maturity to be held to adult levels of responsibility if she commits a violent crime, according to new research into adolescent psychological development. > > > [@](#): > > > > In contrast, differences in cognitive capacity measures increased from ages 11 to 16 and then showed no improvements after age 16 – exactly the opposite of the pattern found on the psychosocial measures. Certain cognitive abilities, such as the ability to reason logically, reach adult levels long before psychosocial maturity is attained, Steinberg said. > > [http://www.apa.org/news/press/releases/2012/08/adolescent-actions.aspx](http://www.apa.org/news/press/releases/2012/08/adolescent-actions.aspx) > > > [@](#): > > > > Policymakers face the question of when teenagers are responsible for their actions or can make reasoned decisions, such as in medical situations, and there is no simple answer because it is possible that an adolescent may be mature enough for some but not all decisions, according to Steinberg. The circumstances under which a 16-year-old makes medical decisions or commits crimes are very different and place different demands on their brains and abilities, he said. Brain systems implicated in basic cognitive processes reach adult levels of maturity by mid-adolescence, whereas those that are active in self-regulation do not fully mature until late adolescence or even early adulthood, he noted. > > [http://www.apa.org/news/press/releases/2012/08/adolescent-actions.aspx](http://www.apa.org/news/press/releases/2012/08/adolescent-actions.aspx) > > If informed about STDs, contraception, as well as the difference between love and lust through sex education a person at the age of 16 can be quite responsible when it comes to sexual health. Just look at the Netherlands for example and its Age of Consent is 16. > > > [@](#): > > > > Policymakers face the question of when teenagers are responsible for their actions or can make reasoned decisions, such as in medical situations, and there is no simple answer because it is possible that an adolescent may be mature enough for some but not all decisions, according to Steinberg. The circumstances under which a 16-year-old makes medical decisions or commits crimes are very different and place different demands on their brains and abilities, he said. Brain systems implicated in basic cognitive processes reach adult levels of maturity by mid-adolescence, whereas those that are active in self-regulation do not fully mature until late adolescence or even early adulthood, he noted. > > > [@](#): > > > > “In other words, adolescents mature intellectually before they mature socially or emotionally, a fact that helps explain why teenagers who are so smart in some respects sometimes do surprisingly dumb things,” he said. “From a neuroscientific standpoint, it therefore makes perfect sense to have a lower age for autonomous medical decision-making than for eligibility for capital punishment, because certain brain systems mature earlier than others.” > > [http://www.apa.org/news/press/releases/2012/08/adolescent-actions.aspx](http://www.apa.org/news/press/releases/2012/08/adolescent-actions.aspx) > > However, I also support how Pennsylvania handles this situation. Well the Age of Consent is 16 there someone 18 or older who has sex with someone between the ages of 16 and 18 could potentially be charged with “corruption of a minor”. According to the statute, “The question of whether consensual intercourse with a minor 16 years or older tends to corrupt the morals of that minor is a jury question to be decided by the “common sense of the community”. For example, if an adult sleeps around with a 16 or 17 year old minor against the parent’s wishes they can be charged with first degree misdemeanor but doesn’t have to registry as a sex offender. > > Do you agree or disagree with me? If you do disagree state why. ---
**Author:** ![buddha\_david](https://avatars.discourse-cdn.com/v4/letter/b/ee7513/32.png) [@buddha\_david](https://boards.straightdope.com/u/buddha_david)\ **Post date:** [January 7, 2013, 5:07am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/14 "2013-01-07T05:07:04Z")
> [@Condescending\_Robot](#): > > It’s pretty darn stupid that in some states in the U.S. a 50 year old can have intercourse with a 15 year old and put up signs on the side of his house bragging about it if he wants… What state is that and how much is the rent?? ---
**Author:** ![DevilMayhem666](https://avatars.discourse-cdn.com/v4/letter/d/258eb7/32.png) [@DevilMayhem666](https://boards.straightdope.com/u/DevilMayhem666)\ **Post date:** [January 7, 2013, 5:37am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/15 "2013-01-07T05:37:38Z")
> [@buddha\_david](#): > > What state is that and how much is the rent?? The closest state that comes to that is Colorado which a 15 year old can have sex with any one least than a decade older than them. ---
**Author:** ![Great\_Antibob](https://avatars.discourse-cdn.com/v4/letter/g/e47c2d/32.png) [@Great\_Antibob](https://boards.straightdope.com/u/Great_Antibob)\ **Post date:** [January 7, 2013, 5:44am UTC](https://boards.straightdope.com/t/determining-the-proper-age-of-consent/646240/16 "2013-01-07T05:44:33Z")
> [@buddha\_david](#): > > What state is that and how much is the rent?? None. The minimum age of consent is 16 in some states and up to 18 in others. Maybe there’s some kind of loophole if the child gets married with parental permission, but that’s clearly not a usual result. Since I already admitted that a cutoff is arbitrary to begin with, the fact that different states have different, equally arbitrary cutoffs is rather irrelevant. The ultimate point is that a cutoff exists, no matter if a day or two on either side of a birthday makes no real difference. So, I’d still like to know what the point of the OP is. That an arbitrary cutoff is unfair to some individuals? Fine, nobody argues with that. But it’s better than having no cutoff whatsoever. Also, maybe it would be better if all 50 states had laws that were more consistent with each other, but we Americans chose our current system. At the very least, it’s consistently inconsistent. It’s not just age of consent that’s state-dependent but pretty much any type of law, as evidenced by any number of threads where the state of residence makes a difference in the exact terms of a law.