I recently read an article in the New Yorker about a sex offender who had a preference for 13-14 year old girls. One of the things that struck me was when one of the psychologists noted that he was under the delusion that 13-14 were capable of consenting to sex. While I don't personally find 13-14 year old girls desirable it seems strange to say that they are unable to consent to sex. What makes them unable to consent to sex? Is it because they don't understand what sex is? What understanding of sex does a 13-14 year old not know that an adult doesn't? It seems like an interesting claim to say that 13-14 has a fundamentally different understanding of sex than am adult. Of course most have not had experience with sex but nobody thinks that it's wrong to have sex with a virgin. Most 13-14 Year old girls do fantasize about sex though. Aren't there some feminists who believe that the idea of an age of consent is oppressive to women because it treats young girls as incapable of consent? Afterall, we often see...
So there are a few issues to clarify here, but first, a disclaimer: I am not an expert on the law, and will not be speaking from the point of view of interpreting the law. That said, however, it does seem to me that an "age of consent" is an appropriate legal construct. The idea is that 13-14 year old children have simply not developed far enough, not just morally, but most importantly neurologically , to be very good yet at forecasting consequences of their actions. With respect to issues like sex, it is not unreasonable to think that if young teenagers are not yet capable of forecasting consequences of their actions--by which I mean not just being able to think or say, "I might get pregnant," or "I could catch some STD," but actually appreciate what such an outcome would mean for them--then they are reasonably thought not to have what it takes to give genuine (i.e. morally significant) consent. Of course, many girls that age know about sex, and some even have sexual fantasies. Some,...
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