Statutory rape and gender equality

[Kosmonaut]

Well you cant really measure such things can you.
And then there are people say with down syndrome or mentally handicapped.
You cannot deprive them of a sex life.
I think when you have reached a level of psychological muturity, then the physical aspects are more important. The age of consent would be more sensible, but it's impossible to come up with a formula.
In general 16 seems way too high for the average person.

[SovaNu]

sick. i also agree with PI. +1 PI

[purposefulinsanity]

I think the real issue with cases like the one Peter posted is that the law that is there to protect minors is being used to prosecute them.

I like PI's comment.  Laws that are meant to protect people shouldn't be turned into a hammer for moralists to use to smash the very lives of the people the law intended to protect.

and thats the point he broke the law it is there to protect children
there are reasons for these laws. children should be protected from the manipulation of older people who have more experience at it. but that sentence is a little harsh for the crime.

Yes but the point is according to that very same law he should also be considered to be a minor, yet he was tried as an adult.    If you're not considered old enough to legally consent to sex until you are 18, presumably because you're not considered 'adult' enough before then how can you be try you with that same law as an adult?  The law should be applied to all minors not just those might be traditionally considered 'victims'.

[El]

I mean psychological and emotional maturity and awareness.

What variables, how will you consrtuct it, and how will you norm it?  Because honestly I can't imagine a test like that being accurate and passing most college students, or even my mom.  I think you'd wind up with less than 1% of the eligible underage population (I'm assuming you'd still set an age minimum to take the test or tests) being emotionally "genius" enough to pass.  Would that actually help things?  Would such a test even stand up in court, aside from the fact that it would never be implimented?

[Tom/Mutate]

I think that the story Peter linked is disgustingly stupid and unfair on the guy - but on the other hand, if there was a case where a tough, experienced 17 yr old guy pressuered a scared, nervous 15 yr old, that would be sad to.  But , it would still be sad if one adult pressured another adult.  What I would like is common sense taking each case.

[Calandale]

Serious pressure is no longer statutory rape.

[Tom/Mutate]

just persuading, nagging, influence

[RobertN]

I think having the age of consent at 16 on the whole is a good indicator of the level of maturity needed for teenagers to understand the consequences of sex. However, I think it should be used more as an indicator than an absolute. You hear these ridiculous stories of people getting prosecuted for having sex with someone who is almost 16 but not quite, knowing full well that if said person was a couple of weeks older (i.e. had their 16th birthday), the police would not be interested.

Each case should be judged on its merit and the personalities and mental capabilities of the people involved. The law needs to be more flexible.

Having said that, I think the sentences on real offenders should be increased. Also, women should get the same punishment as men who have committed the same crime. Sorry ladies, but abuse by females does exist in society (its a bit taboo at the moment), and it is daft and grossly unfair that a female abuser can be imprisoned for as little as 45 days whilst a male abuser gets 45 years for a very similar crime, albeit gender roles reversed. Something needs to change there.

[Nomaken]

Creating a test would be no biggie, the problem would be finding norms that enough people can agree on so that it would get made into law, and still have it be lenient enough to be worth changing the system from age based to the new system.

It is the system I would like, not the system I think would actually come to pass.

[Pyraxis]

Sorry ladies, but abuse by females does exist in society (its a bit taboo at the moment), and it is daft and grossly unfair that a female abuser can be imprisoned for as little as 45 days whilst a male abuser gets 45 years for a very similar crime, albeit gender roles reversed. Something needs to change there.

Agreed. Gender equality should be about taking both the good and the bad.

[purposefulinsanity]

I think the gender inequality comes about from the (mistaken?)  belief that women never want sex as much as men.  That women put up with sex just because of their desire to have a longer term relationship, whist men are devious and will lie to persuade a woman into bed.  Men are seen as the sexual predators with women their 'victims'.

Look at the way that older women who have sex with under-age boys are viewed less harshly than a man would be- a lot of people think 'well all men want are sex, I doubt the boy involved was complaining', whilst baying for the blood of older men who've had sex with under-age girls.

Personally I agree that both situations should be considered the same.  And the same goes for the original article that Peter posted- if both people are considered under-age neither should be charged.

[Calandale]

Yeah, and the argument that comes out here
is something along the lines of, "what boy wouldn't
want to fuck his hot teacher?" Well, it happens to
be true of a lot of teenage girls too.

[purposefulinsanity]

Yeah, and the argument that comes out here
is something along the lines of, "what boy wouldn't
want to fuck his hot teacher?" Well, it happens to
be true of a lot of teenage girls too.

    So why when its a girl has she been manipulated into it, yet when its a boy people imagine his mates patting him on the back about it?

[Calandale]

When really, it's the poor older person who's
being manipulated, nearly every time.

[RobertN]

Actually, its quite interesting because isn't it true that boys go through puberty later than girls? Therefore, it could be claimed that teenage boys are actually more emotionally vulnerable than girls, and therefore the consequences of any type of abuse could be more severe? I know that boys are physically less vulnerable, but I think the emotional aspects of things are often overlooked.

Also, there is the old saying that all boys are interested in nothing except sex. That is so not true. I wasn't interested in girls or sex really until I was 16 or 17 even though I went through puberty at 11-12.