Propose/Design a licensure system for capacity to consent to sexual activity.

Bouncing off of this thread:

about the age of consent, where I stated that the “age of consent” as defined in law does not necessarily represent a person’s actual mental, emotional, and physical capacity to understand the nature and consequences of sexual activity, and that perhaps “underage” people could take a test to gain the legal capacity to consent, but that such a scheme would be difficult to design and run in real life.

Propose how it could be done. Bonus points for designing a fundamentally fair system.

Things to consider:

  1. Is a “Sex License” only needed for people who would otherwise be below the age of consent, or does everyone need one?

Kid: “Daddy, why don’t I have any cousins?”
Dad: “Well, son, it’s because my sister never managed to get her Sex License.”

  1. What are the qualifications for licensure? Do you have to pass a test on STD’s? On symptoms, causes, prevention, and treatment of STD’s? Do you need a psychological evaluation?

  2. What can you be denied a license for?

DSI Agent: “You will not be issued a license at this time.”
Random Citizen: “Why?”
DSI Agent: "Our evaluator rated you a 45 on your Sexual Attitudes Psychological Evaluation. You need at least a 50 to receive your license. You also got a 28 on the “Positions” test. You need a 30 to pass. Study the “State of Maryland Healthy Sex For Life” book and come back in at least one month.

  1. Can your license be revoked? If so, what for?


Girlfriend: “Dear, we need to use a condom.”
Boyfriend: “Why?”
Girlfriend: “Well, I got a letter from the Department of Sexual Intercourse saying that my Sex License will be suspended if I get another “oops” within the next 12 months.”

  1. At what jurisdictional level are licenses issued? What happens when people come from jurisdictions without sex licensing?


Police: “Stop, you’re under arrest for unlawful sex!”
Male Canadian Tourist: “What?”
Female Canadian Tourist: “Huh? We’re married and over 18”
Police: “This is America. Let me see your sex license!”
Male Canadian Tourist: “I’ve never heard of such a thing! We don’t have them at home.”
Police: “Come along now, you’ll like sex offender jail.”

An hour after the state issues its first sex license, teenagers will have duplicated the document and distributing it via smartphones and web sites. Just like they already do now with IDs so they can buy alcohol.

A sex license is just another chastity belt.

This is a bad idea.

In a perfect world, maybe.

If you thought gun control was a hot topic, wait until you try sex control. Much worse then prohibition. Although sexual speakeasies sound interesting. Well except for STDs.