posted
This was in the news this morning: LaCROSSE, Wis. – If you think your state’s age of consent laws involving sexual activity are strict, you haven’t seen Wisconsin’s yet. A 17-year-old boy was charged with felony sex assault for having sex with a 16-year-old girl – even though it was consensual – and he also got 20 days in jail for sexual assault after two girls said they had oral sex with him. He could have gotten 20 years.
The moral of the story is to go look up your states laws and KNOW them like the back of your hand, folks. In cases like this, I think it is utterly ridiculous (as little as one day's age difference, by the books), but it's out there.
Posts: 63296 | From: An island near Seattle | Registered: May 2000
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posted
I'm not sure I know what you mean by "nature taking it's course."
Posts: 63296 | From: An island near Seattle | Registered: May 2000
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posted
I wonder if they could have legislation that could be more fleixble. Maybe something to do with an age difference when those involved are under 18. Perhaps that would be better.
Posts: 1060 | From: Canada | Registered: Jun 2000
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What I mean by "nature taking it's course" I mean when the news stated that a 17yr old male and 16yr old had an attraction to each other they expressed they're love thus stating that nature took it's course and it was consensual....(i'm not saying that it's the only way to show love but, in this situation.) And as the law goes it was an illegal act.
Posts: 86 | From: CA, USA | Registered: Jul 2000
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posted
Really, I'm going to give that whole sentiment a big thumbs-down. It is natural to want to be sexual, and sex in and of itself is certainly a natural act, but it doesn't just *happen* we decide to do it.
Again, I don't think that in cases like this one the law is fair. Were it up to me, there would simply be an age range that determined these things (for example, it is legal for a 16-year-old to have consensual sex with anyone else in a two-year age range).
However, we are still responsible for what we choose to do, not nature.
Posts: 63296 | From: An island near Seattle | Registered: May 2000
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HEY....i'm from wisconsin!!! dang!!! thats not cool!....well...i guess it's for the saftey and it's law or whatever...me and erik (guy i'm dating who's 18) have not slept together and i don't plan on sleeping w/him ever....i do know that what we have done so far is more then enough to get him arrested and he knows that too.....we havn't done anything that could get me pregnant...and if we are ever nakie together and his "part" is anywhere near my "part" he will have a condom on cuz i know that there is a very slight chance i could get pregnant that way..we don't really show any emotions to eachother in public....we just act like friends etc... so i dunno...i guess anything could happen...and he's aware of that...he knows that i myself would never press charges unless he actually did FORCE himself on me or hurt me...my parents would have him arrested if they ever found out we were sleeping together but thats about it i think...and since i will never sleep with him...(unless were together when i'm 18 and i doubt that cuz thats 2 yr's away) i'm not worried to much....but i will always becareful and think before i do! well..bye for now -unfortunate cheesehead
------------------ SUCKS TO BE A CHEESEHEAD!!!!
Posts: 161 | From: Kenosha, Wisconsin, USA | Registered: Jun 2000
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posted
I looked up Missouri's laws a while back when I was working as a legal secretary and had easy access to my boss' books. I don't remember all the details now, but as I recall, MO has some sort of sliding scale, so that the younger the youngest participant (since the youngest person involved isn't always the girl, although that's usually the case) is, the less of an age difference is needed to considered a crime, but the older he or she gets the more of a difference is necessary to be a crime. For example, a 14-year-old having sex with a 12-year-old carries a high penalty because one of the participants is under 13, even though there's only a 2-year difference, but the 16-year-old and 17-year-old is a very minor offence, if any. On the other hand, if that same 16-year-old has sex with a 22-year-old, the 22-year-old could be in big trouble.
Clear as mud, right? But the whole sliding scale thing does make sense to me.
Here's another aspect. If the 16-year-old girl in Miz Scarlett's example was to commit murder, she'd probably be tried as an adult, right? So how come she's considered responsible for her actions when it comes to murder, but not when it comes to sex? Sounds like age discrimination to me.
quote:Originally posted by Lady Moonlight: Here's another aspect. If the 16-year-old girl in Miz Scarlett's example was to commit murder, she'd probably be tried as an adult, right? So how come she's considered responsible for her actions when it comes to murder, but not when it comes to sex? Sounds like age discrimination to me.
That is a FABULOUS point.
Posts: 63296 | From: An island near Seattle | Registered: May 2000
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I'd imagine the aim of such laws are somewhat different.
Punishment for committing murder is about deterrent, and (supposedly) about rehabilitation. Its relatively easy to prove that someone did something - but far harder to prove why.
Punishment against seducing a minor is about protecting children from predators. True, sometimes a 17 year old guy who genuinely cares about a girl gets in trouble. That's bad. However, it can be difficult to establish that fact - like I said, its easy to prove what happened, but hard to prove why.
Lets face it - men DO lie to get sex, and young females tend towards gullibility in that regard.
Besides, a politician who loosened such laws would not survive the next election.
------------------ Sufficiently advanced stupidity is indistinguishable from malice Crazy like a shoehorn, bay-be!
Posts: 915 | From: Australia | Registered: Aug 2000
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hmmmmmm......from what i hear there is a new law where if a minor gets pregnant she'll be sent to jail or whatever....whether the father is a minor or an adult....i'm not sure if thats just in wis. or not do any of u know somthing about that? ...but either way...my opinion remains.....It SUCKS to be a cheesehead!! i think that if the 2 people really do care about eachother and if the guy/girl doesn't have a bad rep w/minors and is resposible and respectable the 2 should be allowed to be together! without having to hide it or worry about being in trouble i mean if a girl gets pregnant then something should be done about it because WAY to many minors are getting pregnant nowadays..including my cousin and a few of my friends......if they are gonna be having sex they should be taking waaay more precaution....i think there needs to be more advertisement about safer sex and that protection should be more available.....and i'm not sure if this is totally off the subject or not but i just had to say how i felt so bye for now!
------------------ SUCKS TO BE A CHEESEHEAD!!!!
Posts: 161 | From: Kenosha, Wisconsin, USA | Registered: Jun 2000
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quote:Originally posted by ThisGuy: Punishment for committing murder is about deterrent, and (supposedly) about rehabilitation. Its relatively easy to prove that someone did something - but far harder to prove why.
Punishment against seducing a minor is about protecting children from predators.
But is a 17-year-old boy really "preying" on a 16 1/2-year-old-girl? Maybe. But middle-aged men prey on middle-aged women, too, and vice-versa, and nobody goes to jail. I guess what I'm saying is that the law should have some consistency.
If "punishment for committing murder is about deterrent," as you say, then it's also about choices. It's no mistake that the laws are a lot gentler on folks who commit murder "in the heat of the moment" or in self-defense than on those who murder as a premeditated act. We have traditionally tried minors who murder as being less responsible for their actions than adults.
However, in every state that I can think of, a 16-year-old who committed premeditated murder would be tried as an adult. This assumes, then, that a 16-year-old is capable of making adult choices regarding violence and understanding the consequences of his or her actions. Why then, is that same 16-year-old not capable of making choices about sex? Why is he or she an "adult" in one situation and a "child" in the next?
quote:Lets face it - men DO lie to get sex, and young females tend towards gullibility in that regard.
~sigh~ You're generalizing again. Believe it or not ThisGuy, women have hormones just like guys do and we LIKE having sex. We do not have to be lured into it. Furthermore, we have brains and are capable of using them. That doesn't mean we always DO use them, but it doesn't mean that we're a bunch of fluffheads who are constantly being misled by you nasty scheming males.
quote:Besides, a politician who loosened such laws would not survive the next election.
Here, I think, you may have a point. Consistency has never been big amongst politicians. Witness the fact that in the U.S. an 18-year old is considered adult in all aspects but the ability to decide whether or not he or she can handle alcohol responsibly. Instead, we make a big deal out of it so that heaven knows how many people can go out every year and get embarrassingly drunk on their 21st birthdays, proving that those extra three years didn't add one whit to the person's judgment where alcohol is concerned.
I was talking with some friends about this topic the other evening and one of them brought up a good point. Almost everywhere, these laws are enforced in a horribly uneven manner, largely because of society's prejudices regarding gender and race. Consider the case of a 17-year-old "initiating" a 14-year-old into sex. If the 14-year-old is male, there are a lot of folks out there who would consider him merely "lucky", while if that same 14-year-old is female, she's a "victim". Also, if an older male has sex with a younger female, even if the difference is only a few months as in Miz Scarlet's example, he's much more likely to find himself in jail if he's a minority and she's white than if they're both the same race.
posted
The age of consent in Canada varies from province to province. Here in NDP-run B.C. it is a very reasonable 14 (with exceptions for people over 19 who have sex with 14-17 year olds). There is a very odd, but never enforced law in Canada: under section 159 of the Canadian Criminal Code it is illegal to have anal sex unless 18 or married. I doubt if anyone would ever be charged or convicted by this law but it does show a degree of unconstitutional sexual discrimination in our Criminal Code.
Posts: 9 | Registered: Sep 2000
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I thought y'all might like having this particular topic renwed, since it has come up again recently at other parts of the board.
Posts: 63296 | From: An island near Seattle | Registered: May 2000
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I think they are necessary to some degree, because children need to be protected from sexual predators, who are too willing to claim that children are “sexual beings just like adults” and can hence make informed sexual consent (into sex acts with adults).
There needs to be some kind of limit, most definitely. But where should the line be dawn? I really have no idea. The way AOC laws seem to be enforced in the US sometimes seems very unreasonable and simply over the top and lacking coherent logic. – Lady Moonlights argument about the fact that teens are often tried as adults in murder cases yet seen as minors in AOC issues is something that strikes me as odd, too.
posted
That leaves me with this, Caro: do we have ANY evidence to show that AOC laws offer any protection, or are they only punitive?
After all (and there are a LOT of variables with this, so it is not by any means unfaulty) the rate of child sexual abuse SINCE AOC laws were instituted has gown WAY up, not down. And, in most countries where it is lower, the pregnancy and STD rates are also lower.
In fact, AOC laws in the US are at the highest ages anywhere, yet we also have the highest STD rates.
------------------ Heather Corinna Editor and Founder, Scarleteen
"If you're a bird, be an early early bird -- But if you're a worm, sleep late." - Shel Silverstein
Posts: 63296 | From: An island near Seattle | Registered: May 2000
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I don't think AOC laws offer any *real* protection of kids, they mainly state the judgement of a society that children aren't sexual beings. So that would make AOC laws punitive.(Does that make sense?) I wasn't saying that in my opinion AOC should be "18", definitely not. I just wanted to point out that there should be some kind of expression of society (through laws) that children aren't able to consent. My definition of children would in that case be around 12/14 (which is where kids get to decide several things about their lives over here in Germany, such as whether they want to continue religious education and where they are legally able to be a party in certain contracts).
I agree that the way it's working in the US isn't the right way. I think the Netherlands, are yet again a good example for more reasonable AOC laws (as with most things sex ed and all related): Age of consent there is 12/16, i.e. (if I understand that correctly) teens between 12 and 16 can consent to sex with each other, teens over 16 can also consent to sex with an adult. The Netherlands also have one of the lowest rates of teen pregnancies, STDs and new HIV infections in the world. Has that something to do with the AOC laws? In my opinion - pretty likely. Simply because teens are regarded as human beings who can (legally) have sex lives (so this kinda corresponds to the other thread you recently started, Heather), I think that's one of the reasons why they get better education, health care and the whole deal. Over here, AOC is 14/16, and that's something I find quite reasonable, too.
In my opinion, AOC laws in some US states are -overall- pretty ridiculous. Even some of the peer relationships I had would have been against laws in several US States, which I find kinda absurd. Due to the laws over here, even the relaionship I had at 16 with a partner who was 9 years older would most likely have been within the boundaries, because the (sexual) relationship between someone over 21 and someone over 16 but under 18 is only then against the law, if the younger partner can -due to mental reasons- not consent (which would ahve been determined by a psychological exam).
In addition, AOC laws in the US way too often discriminate against non-hetero teens.
So just to clear it up: I was in no way supporting the US standards....but I think completely getting rid of AOC laws might send the wrong message, too.
posted
The laws in the Netherlands are indeed more reasonable.
The other thing, too, to address, I suppose, is the fact of WHY AOC laws came to be in the frist place. Basically, they came around in order to protect children from prostitution, which they were often participating in to help support their families, or because they were homeless (it's alot more complex than that, but that's the tip of the iceberg).
Too, the US, as I understand it, has been putting some serious pressure on other countries to raise their AOC laws to what ours are, so that we don't look so extreme, even when another country's laws clearly work best for them. Yikes.
Posts: 63296 | From: An island near Seattle | Registered: May 2000
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posted
I don't even know if there is such a thing as an age of consent in Denmark where i live. I do know that at least half of the girls in my class were having sex around 14-15 usually with guys a couple of years older. The understanding in my country is that if a girl says yes it means yes so in a way the weight is on us to act responsibly. The signal it gives us to be personally responsible for the consequences is quite clear and was clear to me when i was 14-15. I think in America, giving personal responsibility over to the courts prevents girls from making responsible deisions about their bodies. Here we are taught from an early age the responsibility of defining our limits in relationships and learning to say "I want...." and "I don't want...." instead of you "should" do this or that. It is funny because we are almost a socialist country and yet personal responsibility is hit into us from an early age...starting even before we can talk. It is the responsibility of the pædagogs in the schools for infants.
Posts: 28 | From: København, Denamrk | Registered: Feb 2001
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posted
Socialism is actually pretty much all about personal and social responsibility.
Posts: 63296 | From: An island near Seattle | Registered: May 2000
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<< Punishment against seducing a minor is about protecting children from predators. True, sometimes a 17 year old guy who genuinely cares about a girl gets in trouble. That's bad. However, it can be difficult to establish that fact - like I said, its easy to prove what happened, but hard to prove why.
Lets face it - men DO lie to get sex, and young females tend towards gullibility in that regard. >>
Ayup, but that doesn't make the laws correct.
Also I wonder why you say that young females are gullible and young males lie to get sex . . . doesn't it go both ways?
Posts: 72 | From: NY, USA | Registered: Feb 2001
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------------------ if p then q (statement) if p then not q (negation) if q then p (converse) if not p then not q (inverse) if not q then not p (contrapositive)
posted
Why the hell do we need all these laws that intrude on people's lives in the first place? Last time i checked that age of consesnt website it said that gay sex is illegal in Virginia, my home state. And you can't legally have heterosexual sex until you're 18! I can understand setting the age at 18 if the person intends to have sex with someone older, but teenagers' sex lives should be regulated by themselves and their parents, not the government.
------------------ If you can't say something nice, then don't say something nice.
posted
Well, we need those laws, or something like them, so that people who are taken advantage of due to their age sexually -- when it stands outside forcible rape -- have legal recourse. It is also a tricky thing when it comes to legal rights for adult activities when one isn't dealing with legal adults.
So, while doing so by very vague age-in-years may or may not be perfect (and I don't think it is myself, I think it's deeply flawed), we do need SOMETHING like that in place to offer protection and recourse which parents either cannot, or in some situations, may not, give.
Posts: 63296 | From: An island near Seattle | Registered: May 2000
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posted
This is something I'm actually a little peeved about. My boyfriend wants to come over in the summer, and he implied that he wants to have sex. First of all, our relationship has staled out to the point where I really don't want to have sex with him. Also, he's 17, and I'm 19. I'm still legally a woman, and I don't know all of the laws, so I'm not sure exactly how it would turn out (people get all confused when the genders are opposite what's expected), but really now. (And quite obviously, I did turn him down. I'm not stupid.)
I personally would like to see a law where there is an acceptable age -gap.- Say, two years. Then after 18, since you're a legal adult, any other legal adult. For it to be illegal to have sex with somebody who is a year younger than you... that's just stupid.
Really though, this doesn't exactly happen often in Wisconsin, when you consider how many are sexually active under 18.
Posts: 7 | From: Oshkosh, WI, USA | Registered: Jan 2004
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If my parents ever pressed charges against my boyfriend for having sex with me (unless he did in fact rape me, in which it would be a moot point cause I'd've killed him first), I honestly think I would never speak to them again.
My boyfriend is four months older than me. I am seriously not happy about the fact that when he turns 17 in July, he could be charged with statutory rape. I've been raped. I know the difference.
Actual rapists are out there and people are worried about a four month age difference??? I hate this country sometimes.
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