No no no, most of you guys are all wrong. 

 Look, statutory rape is not the equivalent of violent rapes.  In fact, they shouldn't have "rape" in the title.  I think we need to take a real look at our penal code and ask ourselves, what are we really trying to accomplish here?  Statutory rape laws are there to protect those who are too young to be able to make an knowledgable decision about sex.  Who is to say that the arbitrary age of 18 is an appropriate cut-off?  Arbitrary cut-offs are NOT good ideas.

 We can also ask the question from a different, often ignored perspective: from the minor's perspective.  Even if you believe a 16 year old is incapable of making an informed decision on the matter, he/she did in fact make that decision, which, from his/her perspective, WAS informed.  The question could be framed as: does a minor have the right to have sex with an adult without fear of reprisal against their partner from the state? 

Obviously we need to draw a line somewhere.  Society will not grant a 6-year the above right, as they just don't have the ability to make an informed decision on the matter.  A 16-year old?  I'd argue they do.  It's somewhere in the middle.  The answer just may be puberty.

by rsokhi on 03/18/2010 11:55:42 PM EST

Surprised to say, but they're way off. The laws need to change. 18 is arbitrary. 17 would be arbitrary. We need to balance protecting a minor with protecting the rights of a minor.

Does a 16 y/o have the right to have sex w/ an adult w/o fear of reprisal against their partner from the state? I think yes...of cooooourse.

18 is a modern Western societal bright line, not a real one. Biologically, we are adults (defined as capable of reproducing) after puberty. That's it.

by rsokhi on 03/19/2010 12:09:11 AM EST

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