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Re:Richard M. Stallman resigns by seanmcdirmid on Monday September 16, 2019 @10:50PM (#20990833)
Wow, wait. I get what your point is, but minors will continue doing it, and it is only with adults who they can’t consent with. Obviously minors can consent in some contexts, otherwise it would be a huge mess morally and legally (if two 14 year olds have sex, do they both go to jail because neither can consent? Also see the mess we’ve got into with kids sexting each other).

Let’s not criminalize kids being kids because of some strict morality code.

Re:Richard M. Stallman resigns by loeg on Tuesday September 17, 2019 @12:14AM (#20991459)
Minors having sex with themselves is basically out of scope here. Yes, it varies state by state and some states punish kids for things they absolutely should not be punished for. But we don't need to litigate the nitty gritty details of statutory rape laws.

The case under discussion was a minor and some guy at least a decade older; not two minors.

Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @12:37AM (#20991603)
Parent said specifically:

> There are no subtleties. Minor's cannot consent

But, no, there are actually subtleties.

Re:Richard M. Stallman resigns by loeg on Tuesday September 17, 2019 @12:41AM (#20991635)
You pulled that quote out of context; preceding it is:

> He was trying to argue the subtleties of child rape. There are no subtleties.

Virtually everyone knows there are subtleties around statutory rape in general! But you're missing the forest for the trees here. We're not discussing statutory rape in general but the specific instance that Stallman was defending. You're technically correct in that the very last sentence of martinky24's comment was literally inaccurate, but you are wholly incorrect in your understanding of the spirit of the comment and subsequent dismissal of the rest of it.

The subjects Stallman was discussing are not ambiguous first principle pseudo-persons of nebulous or similar ages. They are an old guy and a coerced, underage girl. Period. There is no subtlety here.

Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @12:53AM (#20991700)
I admitted to getting the spirit of the comment in my first one. But the path the comment went down by being so general exceeded the context if Stallman’s point.
Re:Richard M. Stallman resigns by drdeca on Monday September 16, 2019 @11:44PM (#20991217)
Alternatively, the 2 14 year olds can’t consent to the act, but are also not liable for the act?

I think this way of describing it expresses more the position that the occurrence is unfortunate, and all else being equal, best avoided.

To say “two 14 year olds had entirely consensual sex with eachother” seems to possibly express that the occurrence described is not unfortunate.

Also, If a 12yo and a 15.5 yo did, I think we very well might say that the 15.5 yo committed rape, even though neither person was an adult, Yet if both were 12, people wouldn’t call it that.

So, I don’t think it is only if one party is an adult. Also if one party is substantially closer to being an adult.

Re:Richard M. Stallman resigns by footwo on Tuesday September 17, 2019 @12:13AM (#20991450)
> To say “two 14 year olds had entirely consensual sex with eachother” seems to possibly express that the occurrence described is not unfortunate.

Isn't that just a misreading though? You're applying a connotation that isn't there. Many of us don't associate "consensual" with "A-ok" (e.g. I'm anti-pornography).

Re:Richard M. Stallman resigns by drdeca on Wednesday September 18, 2019 @10:30AM (#21005807)
Good point. Though, I didn’t mean to say that there was a clear connotation, just, like, a possible/weak one. Maybe the insertion of the word “entirely” is what creates the weak connotation? And that word wasn’t used in the comment I was replying to, so my comment is probably moot.
Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @12:39AM (#20991616)
Except it is also possible for a 14 year old to actually rape another 14 year old, so there is a difference between “cannot consent” and “did not consent” if you believe a 14 year old actually cannot consent.
Re:Richard M. Stallman resigns by drdeca on Wednesday September 18, 2019 @10:33AM (#21005829)
This is also a good point.

Though the topic is beginning to cause me more discomfort than it was. Guess I wore through my “discuss uncomfortable topics without feeling uncomfortable” reserves.

Edit: That isn’t a complaint about what anyone else is doing though. I am merely noting my own limitations, and no one needs to do anything to accommodate them in this instance. Continue on as if I hadn’t mentioned them?

Re:Richard M. Stallman resigns by scruple on Monday September 16, 2019 @11:39PM (#20991172)
If one of those 14 year olds sends nude pictures to the other one, is that not distribution of child pornography? I've certainly read that minors have been charged as such, but I'm not capable of verifying the veracity of those charges (I just honestly don't want to Google for this shit).
Re:Richard M. Stallman resigns by DoreenMichele on Tuesday September 17, 2019 @02:00AM (#20992060)
Posted to HN 15 days ago:

A teen shared a video of her own legal sex act, convicted as child pornographer

https://news.ycombinator.com/item?id=20854920

And it's especially horrifying because she got convicted because she wanted to try to stop someone else from spreading it all over the school. It was just supposed to be seen by a few close friends.

Re:Richard M. Stallman resigns by seanmcdirmid on Monday September 16, 2019 @11:42PM (#20991197)
They have been charged but should they? Send the girl to prison rather than, I don’t know, getting her help or something.
Re:Richard M. Stallman resigns by scruple on Tuesday September 17, 2019 @12:07AM (#20991414)
I don't have answers or solutions, I rarely do. I think this particular debate lives in water that is far too murky for me to want to wade into. All that I'll say is that I think my answer to your question is something close to, "No. Maybe? I don't know. It depends..."

All that I really know is that I am grateful, once again, to have been a teenager in an age before the proliferation of smart phones and social media.

Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @12:41AM (#20991631)
If you have teenagers today, it is really important to know the actual laws, nuances and all, and make sure your kid knows them as well.
Re:Richard M. Stallman resigns by scruple on Tuesday September 17, 2019 @01:56AM (#20992026)
That's fair. Thankfully my children are under a year old, so my wife and I have ample time to prepare.
Re:Richard M. Stallman resigns by loeg on Tuesday September 17, 2019 @12:16AM (#20991471)
This is an interesting topic that has become more prevalent with rise of smartphones, but has absolutely nothing to do with an adult statutory raping a minor.
Re:Richard M. Stallman resigns by scruple on Tuesday September 17, 2019 @01:40AM (#20991951)
Agreed. I was responding to:

> Let’s not criminalize kids being kids because of some strict morality code.