Added: Luisana Ogrady - Date: 07.10.2021 07:50 - Views: 13222 - Clicks: 7856
We can also use that understanding to improve our laws protecting teenagers from sexual abuse. In particular, I think sexual consent laws would benefit from a concept used in contract law involving underage consumers and citizens. Such a system would put an extra onus on adults to make sure that they are not taking advantage of a younger person, strengthening the disincentive to troll malls and sweet-talk people just above the current age of consent. There is a scientific argument for modifying consent laws. Though laws placing minimum ages on contracts, and sexual consent, were created before we knew that science, lawmakers intuitively if inconsistently recognized that teenagers do not make decisions in the same way adults do.
We now know that the teenage brain does not finish maturing until sometime in the mids. The first thing we can say, therefore, is that age-of-consent laws that draw a bright line of sexual maturity at 18 or younger fail to consider the scientific data.
To be sure, levels of maturity vary by individual; setting one age as the advent of maturity is always going to be a gross proxy. That imprecision helps explain the wide variety of minimum ages reflected in American law. In the political realm, the age of majority was lowered with the 26th Amendment, which gave year-olds the right to vote, yet still prevents most teens from voting.
Statutory rape is a crime defined at the state level, so the age of sexual consent varies from state to state. And it can even vary within a state, depending on the conduct alleged oral sex versus intercourse, for instance and whether the adult consort occupies a position of authority if he or she is a teacher, for instance.
The age of consent has been going up since the dark ages. Today, most but not all states set it at I defy anyone to tell me that teens in Indiana are more mature than those in Wisconsin. The science is clear that in situations involving passion and pressure, teens are more likely to choose short-term rewards and discount long-term consequences. But they may lack important factual and contextual information, too. They may not know that if they consent to sex with their boss at an after-school job, they cannot sue under state and federal sex discrimination laws for harassment.
We can turn to contract law for some better ideas about handling consent. For example, if a teen or , for that matter buys a car from a dealer and then crashes it, she can often void the contract and refuse to continue making car payments. Some states might require that she return the vehicle, but a totaled car is of little use to the seller. For this reason, most dealers will require adult co-ers on major purchases and contracts involving minors. Note that commerce does not come to a grinding halt because of this rule.
Minors still make contracts every day with mall retailers and companies like Apple, which sells iTunes music to millions of teenagers — even though minors children under 18 can void those purchases. But every such purchase carries a risk for the company. The assumption behind most of these voidable contracts is that parents would agree to the vast majority of the purchases — and companies will take a risk in the few cases where that assumption is wrong.
Adults who have sex with minors are not interested in parental permission, however to say the least. They are grooming these teenagers, enticing them with attention, favors, and presents. Therefore, drawing on contract law — but not mirroring it exactly — I propose that the law should credit adolescent consent not as legal consent but as legal assent.
Legal assent requires no additional parental consent or permission. Yet unlike legal consent, it carries no associated threshold level of legal capacity. That means the granting of assent cannot be used against the teen to insist that she knew what she was doing and should be held legally responsible.
Yet like consent by a minor under contract law, legal assent would be voidable by the minor. Suppose Jane Doe 16 gives legal assent to sex with Troy That assent is legally binding, but would be unilaterally revocable.
If the minor concludes that the sex was exploitative, before she reaches 18 or 19 or 20 , she could void her assent. The voiding or revocation would not take place automatically, however. If a minor successfully voids her assent, a court will not admit it into evidence at the trial on the merits or permit further discovery on the matter. This bar is important. Currently, lawyers of sexual predators can use teen consent — even when it occurs below the age of legality — as a defense in some states to avoid liability for damages.
One year-old California teen who consented to sex with her married teacher was characterized as a Jezebel by his supporters, although the age of consent in California is Even if communities persist in condemning teens, at least the judges can exclude evidence of assent at trial to try to protect those teenagers. A criminal prosecutor could prosecute an adult who has sex with an assenting minor once assent is withdrawn, because the legal assent operates only for the benefit of the minor.
The general point here is that the adult consort in this kind of situation can choose to take the risk of having sex with an older teenager, but the risk would be massively heightened. Age-of-consent law is complex, and full of pitfalls. If the state sets the age too high, it risks condemning Romeo-and-Juliet relationships or Romeo-and-Romeo. Those cases may require adult intervention, but should typically not be criminalized. Indeed, this is why most statutory rape laws require an age difference between the child and the consort — typically in the range of two to five years. Sadly, some teenage sexual predators exist and they should be isolated to protect others.
But those cases are far from the norm. Given the neuroscience and psychosocial evidence of adolescent development, I believe society sets the age of consent too low. That said, I also know that teen brains need decision-making experiences for the proper development of synaptic neuronal connections. If we deny teenagers decision-making opportunities, we risk retarding their growth and maturation.
In this context, let the adults just say no. Jennifer A. Drobac teaches sexual harassment law, contracts and sales, and criminal law at Indiana University, in the Robert H. McKinney School of Law. If you have an idea for a piece, pitch us at thebigidea vox. Our mission has never been more vital than it is in this moment: to empower through understanding. Financial contributions from our readers are a critical part of supporting our resource-intensive work and help us keep our journalism free for all.
The difficulty of setting a bright line for consent To be sure, levels of maturity vary by individual; setting one age as the advent of maturity is always going to be a gross proxy. Teenagers are often allowed to change their minds about purchases We can turn to contract law for some better ideas about handling consent. The laws should carefully target adult predators Age-of-consent law is complex, and full of pitfalls.
Delivered Fridays. Thanks for ing up! Check your inbox for a welcome . required. For more newsletters, check out our newsletters . The Latest. A federal judge just declared DACA unlawful. By Cameron Peters. The next voting rights battleground is Michigan By Ian Millhiser. Contribute Contribute.Laws on adults dating minors
email: [email protected] - phone:(701) 705-1953 x 3168
Statutory Rape and Age of Consent