Trying children as adults

[Cheesesteak]

@Malthus

A child cannot meaningfully consent, the word of importance here being “meaningfully”. They can certainly say they want sex - even initiate it - but their apparent consent is not, legally, “meaningful” because they lack capacity.

I feel like I’m picking nits now, but it’s worth another post or two…

I’ll give you 3 scenarios based on the Texas law, they all involve a minor aged 16.5 years.

1. Minor “consents” to sex with a 19.25 year old boy/girlfriend
2. Minor is forced to have sex with a 19.25 year old attacker
3. Minor “consents” to sex with a 19.75 year old boy/girlfriend

Case 1, there is no crime, by law. Case 2 there is a crime. All actors are the same age, the only difference is whether or not the Minor was a willing participant.

Case 3 is a crime, where he only difference between the “no crime” Case 1 and Case 3 is the age of the boyfriend.

The way I read this is that the consent is meaningful, but only when there is not a wide age difference between the minor and the sexual partner.

[Malthus]

@Cheesesteak

I feel like I’m picking nits now, but it’s worth another post or two…

I’ll give you 3 scenarios based on the Texas law, they all involve a minor aged 16.5 years.

1. Minor “consents” to sex with a 19.25 year old boy/girlfriend
2. Minor is forced to have sex with a 19.25 year old attacker
3. Minor “consents” to sex with a 19.75 year old boy/girlfriend

Case 1, there is no crime, by law. Case 2 there is a crime. All actors are the same age, the only difference is whether or not the Minor was a willing participant.

Case 3 is a crime, where he only difference between the “no crime” Case 1 and Case 3 is the age of the boyfriend.

The way I read this is that the consent is meaningful, but only when there is not a wide age difference between the minor and the sexual partner.

Way the statute works, according to the article, is that “If a person under the age of 17 engages in sexual activity with anyone who is more than three years older than him or her, the adult is committing statutory rape.” In short, there is an age limit, with a margin to avoid the apparent injustice of charging people close to the same age with statutory rape.

To pick a nit with your nits (:D), all of your scenarios are incorrect - a 19.25 YO person cannot legally have sex with just any “minor”, they may only legally have sex with a person 16.25 YO or older. If your 19.25 YO example has sex with a 12 YO “minor”, s/he’s guilty.

Similarly, a person just under 17 could have sex with a 19.75 YO, because the rule is “within 3 years”.

Assuming the statutory rape law does not apply, the usual rules concerning consent etc. does.

[ZPG_Zealot]

@protoboard

So you don’t think spending your teen years away from your parents is a huge punishment?

I would have considered it a reward.

[Cheesesteak]

@Malthus

In short, there is an age limit, with a margin to avoid the apparent injustice of charging people close to the same age with statutory rape.

What is the apparent injustice when an adult of 19 years old has sex with a minor (of 16+years) who is unable to consent to sex? To me, it’s the idea that minors who have sex with their peers are not inherently the victims of a crime. It’s only when they have sex with more mature people, outside of their peer group, that we consider them unable to consent.

[protoboard]

@Cheesesteak

What is the apparent injustice when an adult of 19 years old has sex with a minor (of 16+years) who is unable to consent to sex? To me, it’s the idea that minors who have sex with their peers are not inherently the victims of a crime. It’s only when they have sex with more mature people, outside of their peer group, that we consider them unable to consent.

Yeah it’s for the same reason that a teacher isn’t supposed to have sex with their student, but still the age of consent is based upon the idea that minors are not completely rational agents so I think it does relate to the idea of minors being tried in a different fashion from adults.

[protoboard]

@Grumman

“First they came for the cult murderers, and I did not speak out - because I was not a cult murderer.” :rolleyes:

Totally missing my point dude.

[wolfpup]

@ZPG_Zealot

I would have considered it a reward.

For many a teenage boy, so is having sex with your teacher!

[RickJay]

@Grumman

No, it’s not. These are crimes that can be committed due to not thinking things through - the reason a child steals something or creates a public nuisance is generally not the same reason it’s a crime. A child might want an item and not think about the person they’re hurting by taking it. A child might want to play a game and not think about the fact that the gun they picked up really can hurt people until it’s too late. A child cannot lure someone into an ambush, try to stab them to death, and continue stabbing them over the victim’s cries without their reasons for doing it and the reason their actions are a crime being one and the same.

You could replace the word “child” with “adult” here and it’s all equally true. So should we treat petty thieves as if they are children?