agrote wrote:fishin wrote:You are presuming and awful lot here...
Don't underestimate puberty. Pre-pubescents might experiment with masturbation and be sexual to somne extent, and obviously they have genetalia. But they're not properly equipped for sex are they. Prepubescent boys don't get erections too often. And also, for biological reasons, I don't think children of those ages tend to get too horny either. Puberty brings sexual maturity.
Indeed. Puberty does bring sexual maturity. Now go back and look at your posts in this thread. You've ceased making laogical arguments and started jumping from one thing to the next to cling to in hopes of some sort of approval/acceptance.
Quote:Quote:The mental health journals are packed full of this stuff..
Could you show me please? I can't just take your word for it. What evidence/argument is there that, say, early teens are unable to consent to sex.
I'll have to see what I can find available on-line.
Quote:Quote:What are you basing your claims on?
It depends which claims you're referring to. If you tell me which claims you want me to back up, I can try my best. I've tried to back myself up with argument so far... if you want some concrete evidence for something then tell me what you want the evidence for and I'll see what I can find. I'm in the process of learning here, so apologies if I make unsubstantiated claims.
I'm questioning all of your claims (or presumptions if you prefer).
Quote:Quote:The only distinction you have between your pre and post-pubescents here is whether or not they've gone through puberty.
See above. Puberty is pretty significant!!
Yes, I agree that it is. So... just for grins and gilggles if you don't mind. When you meet a 13 year old girl how do you know if she has started puberty? How do you know if the process has coimpleted yet? Puberty isn't something that happens over-night...
Quote:Quote:So, by this theory, it would be OK to rape someone as long as they enjoyed it?
If they didn't suffer, then yes. Think about it... the reason rape is bad is that it causes intense suffering! If there were no suffering, then what would be bad about it? If a man raped a woman, and the woman both enjoyed it and experienced no physical or emotional pain at all as a result of it (not even in years to come), then no harm would be done. Anyway, I don't think that would ever happen, so I don't think that rape is ever OK in practice.
Interesting reaponse. So the other person's right to control their own body is forfitted because you feel like it? Would you accept this same standard if it was applied to you? let's say that you were going to meet a few friends for dinner and a movie and 3 guys grab you off the street and annally rape you. When they decide they've had enough of you do you just dust yourself off and go back to what you were doing? No harm, no foul right?
Quote:Quote:How do you propose to know if they will enjoy it beforehand? What happens if you force yourself upon someone and they don't enjoy it? It'd be a little late to try and back up and pretend it didn't happen wouldn't it?
Good points. Maybe I should stop talking about enjoyment and focus on lack of harm. If you have sex with someone and they don't enjoy it, that doesn't necessarily mean it is abuse. There has to be actual harm (physical or psychological) for it to be abusive. So what I need to know is whether sex with minors causes harm. If you forced yourself on somebody and they really and truly didn't mind at all (and I
mean really and truly), and were not harmed at all by it, then I don't think there would be any wrongdoing. Enjoyment isn't necessary; absence of harm is necessary.
You seem to be missing the point. The point is that YOU have no way to determining whether or not there will be either enjoyment or harm for the other person. THEY are the only one that can make that determination. You get to decide what harms you, they get to decide what harms them.
And in the case of teens who don't have access to all of the available knowledge, the proper people to ask and teh impulse control to think out the concequences of their actions before acting, we have professional who research these things and provide us with information to make laws to ensure that things don't happen to people who can't make the decisions for themselves.
Quote:Quote:A film doesn't have the ability to harm me physically in any way, shape or form. Sex, on the other hand, can result in pregnancy or the transmission of STDs.
Well the whole point is that I'm assuming lack of harm. The argument is that consent is not necessary as long as there is no harm done. I'm not conding forced impregnation of minors, or the passing on of STDs to minors. Why can't contraception and medical precautions be used, as with adult sex? I am conding harmless sex, simple as that. If you think that sex with minors is harmful for reasons other than pregnancy or STDs, then I'd love to hear it.
That is only physical harm though. It doesn't account for the mental/emotional harm.
And as I listed above. Teens tend to act on impulse without thinking through the effects of their actions. You presume here agin that teens would stop and think to use protection - or that they even have access to protection.
Quote:Quote:Secondly, I, as an adult, am aware of what a film is and what the possible ramifications of watching it (or not) are (the possible mental/emotional "harm"). If I stayed there of my own free will long enough to watch the film then I have given my consent. But in that I presume that I am, capable of walking out at any time of my choosing an dthat there is no other "incentive" keeping me there. Even if there is some other incentive I, as an adult, am capable of weighing the pros/cons of watching the movie or losing the incentive. I am also aware that the decision is mine alone to make.
I think that teenagers are capable of that level of reasoning. And I think (though you might disagree, and I'm willing to hear why) that the burden of proof is on you for saying that they are not. I mean, didn't you make informed decisions as a teenager?
The proof is readily available to support my contention that they are not. There are reams of medical journals on how the mind develops and I don't think you'll find a single one that doesn't mention the issues related to the increase in hormone levels in teens or that the brain doens't complete development until humans reach their early 20s. You might believe the burden is on me but you are teh one attemnpting to change the status quo. That puts the burden on you.
btw, if you want to use my personal decisions as a teen as your yardstick then you are totally lost. I doubt many people would consider stealing cars, trowing bricks off of bridges at apssing cars and dropping acid to be "sound" decisions.
Quote:And of course they should be free to withdraw from a sexual encounter at any time... if they were not allowed to do so, then it would be rape. I do not condone rape.
And yet you''ve been arguing that consent isn't required. Lack of consent = rape.
Quote:Quote:And our best mental health professionals tell us that it is [harmful]...
Which ones? I've honestly never heard a mental health professional say that about pubescent/post-pubescent minors. Help me out here.
I'll see what I can find on-line...
Quote:Quote:The teen is almost always in an inferior position for decision making here. As minors their rights are limited. They don't know about or have access to remedies tthat an adult would be expected to know of. They are much less likely to have money or a car to escape the situation if they felt the need to, for example. They are also much less likely to be aware of their legal rights. There aren't many adults that would be all to concerned with their parents finding out that they've had sex. An average 14 year old is signifcantly more susceptile to coercion/blackmail than an average adult would be and leaving them open to predation is exactly what the current laws seek to prevent.
Some good points there. I guess what I have in mind is trustworthy adults having sexual relationships with minors. Maybe I'm being too idealistic. But I personally wouldn't coerse or blackmail anybody, of any age, into sex. ANd if I were to have a relationship with someone young, I'd be particularly careful not to push them into anything they might regret. And I really mean that. But of course, not everyone would be the same. Maybe I'm just fishing for acceptance rather than an actual change in the law... I dunno.
IMO, you are giving "adults" in general more credit than they deserve. Millions of children are sexually abused as it is. Do you think legalizing it would actually reduce those numbers? If adults could be trusted to only have legitimately consensual sexual relations with minors then there wouldn't be any laws regarding age of consent. These laws didn't just pop out of nowhere.