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Re:Richard M. Stallman resigns by jakelazaroff on Monday September 16, 2019 @11:25PM (#20991073)
Minors cannot consent because they can be convinced by someone more mature. Here's a simple example: let's say a 20 year old wants to have sex with a two year old. Would you accept that the two year old consented because the 20 year old got them to say "yes"?

The natural next question is, "where's the line?" A 20 year old and a two year old is obviously wrong, but a 25 year old and a 75 year old seems okay, if a bit weird. And yes, not every person the same age has the same amount of experience and maturity.

But here's the thing: the law can't take that into account. The law needs a bright and clear line, so you can know how not to break it. And so even though there's not really a difference between 17 years 364 days vs. 18 years, one can consent to sex with an adult while the other cannot. Just like one day makes the difference between being able to vote, or drink, or get a driver's license.

Re:Richard M. Stallman resigns by jelliclesfarm on Tuesday September 17, 2019 @12:19AM (#20991490)
Right. I hear you with the 20 year old wanting to have sex with a 2 year old.

Is a measure of puberty sufficient to give consent? I am not saying that it is..but perhaps it’s closer to a better situation.

Older societies had coming of age ceremonies and welcoming pre pubescents into young adulthood. Perhaps there was more value in the old traditions and rituals that we have given up in our modern times. It clarified to a young adult the changes that happen physically and hormonally..an opportunity to talk about things and take personal responsibility. A responsibility that means freedom as well as risk.

I am just throwing this out there..we have handed over societal bonding over to the state and legal system. It has certainly made us weak. And allowed more predation of the truly vulnerable while curtailing the freedom of those who are aware of risks and responsibilities.

Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @12:52AM (#20991688)
Cool, we're on the same page with "minors cannot give consent" for at least some definition of "minor".

> Is a measure of puberty sufficient to give consent? I am not saying that it is..but perhaps it’s closer to a better situation.

The problem is, how do we measure "sufficient"?

If we just mean people's opinions, we can be more nuanced — for example, I think a grown person who has sex with an 18 year old is just as gross as one who has sex with a 17 year old, but I don't have an exact line in my head as to when it would become okay. Everyone's exact line will differ, and that's okay too!

On the other hand, if the law is trying to measure "sufficient", then we need something objective because people need to know when they would be breaking it. "Puberty" is pretty squishy — for example, do we count when a boy's voice deepens? When he starts growing facial hair? Whereas if we measure an objective fact like age, then if I know that fact I can be 100% sure whether or not I'm allowed to have sex with this person.

I agree with you that age an imperfect measure of maturity, which is what we really care about. But it seems to be the best measure we can come up with that's both objective and correlated.

Re:Richard M. Stallman resigns by zAy0LfpBZLC8mAC on Monday September 16, 2019 @11:44PM (#20991214)
> But here's the thing: the law can't take that into account.

Why?

> The law needs a bright and clear line, so you can know how not to break it.

Why does that need a "bright and clear line"? There are plenty of things that are illegal where there is no "bright and clear line" in that same sense, and that seems to work just fine, and actually even better in many cases. Like, I dunno, tax fraud is in principle tax fraud even at a single cent, but it's absolutely not "you paid all the taxes you owed, you are fine, you under-reported one cent of your income, now you lose your job and go to jail".

> And so even though there's not really a difference between 17 years 364 days vs. 18 years, one can consent to sex with an adult while the other cannot.

Which seems to be the case. Now, why is that a good approach?

> Just like one day makes the difference between being able to vote, or drink, or get a driver's license.

So, maybe we should fix those as well? Why shouldn't you get a fractional vote starting at age 10, increasing linearly to a full vote at 18, say?

Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @12:02AM (#20991372)
> Like, I dunno, tax fraud is in principle tax fraud even at a single cent, but it's absolutely not "you paid all the taxes you owed, you are fine, you under-reported one cent of your income, now you lose your job and go to jail".

There is absolutely a bright and clear (albeit very complicated) line for tax fraud. The IRS probably won't go after you if you underpay by a penny — but you're still breaking the law if you do it intentionally.

>> And so even though there's not really a difference between 17 years 364 days vs. 18 years, one can consent to sex with an adult while the other cannot.

> Which seems to be the case. Now, why is that a good approach?

Because — with regard to statutory rape — if I know someone's age I can be 100% sure whether or not I would be breaking the law by having sex with them.

Re:Richard M. Stallman resigns by zAy0LfpBZLC8mAC on Tuesday September 17, 2019 @01:16AM (#20991821)
> There is absolutely a bright and clear (albeit very complicated) line for tax fraud.

In other words: There isn't a bright and clear line?

> The IRS probably won't go after you if you underpay by a penny — but you're still breaking the law if you do it intentionally.

In other words: There isn't a bright and clear line?

Like, you are claiming that there is, and then provide the evidence that there isn't. All you are showing is that there is something that you want to call a "bright and clear line", but then you don't show anything in reality that actually matches that description in any meaningful sense.

> Because — with regard to statutory rape — if I know someone's age I can be 100% sure whether or not I would be breaking the law by having sex with them.

OK, so suppose we were to make the rule that if you under-report your income by any amount, whether intentionally or not, whether knowingly or not, you go to jail for ten years. That would be a bright and clear line, right? If you know that you reported all your income, you can be 100% sure whether you are going to jail. Why wouldn't that be a good approach? Or would it be?

Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @01:48AM (#20991985)
IANAL, but:

>> There is absolutely a bright and clear (albeit very complicated) line for tax fraud.

> In other words: There isn't a bright and clear line?

There is. A “bright and clear line” means a test is objective, not that it’s simple [1].

>> The IRS probably won't go after you if you underpay by a penny — but you're still breaking the law if you do it intentionally.

> In other words: There isn't a bright and clear line?

There is. Just because something is not consistently enforced doesn’t mean it’s not clearly illegal. Cops may not fine you if they see you jaywalking, but you’re still unambiguously breaking the law if you cross the street outside of the crosswalk.

> OK, so suppose we were to make the rule that if you under-report your income by any amount, whether intentionally or not, whether knowingly or not, you go to jail for ten years. That would be a bright and clear line, right? If you know that you reported all your income, you can be 100% sure whether you are going to jail. Why wouldn't that be a good approach? Or would it be?

Most crimes (although not statutory rape) require intent to be shown [2]. No justice system is perfect; innocent people get convicted and guilty people go unpunished. A good law should allow people to unambiguously know when they would break it.

[1] https://en.wikipedia.org/wiki/Bright-line_rule

[2] https://en.wikipedia.org/wiki/Mens_rea

Re:Richard M. Stallman resigns by zAy0LfpBZLC8mAC on Tuesday September 17, 2019 @02:48AM (#20992361)
> There is. A “bright and clear line” means a test is objective, not that it’s simple [1].

Except you were obviously not using the phrase in that sense? There is absolutely no contradiction between "objective" and "taking into account many details of the individual case". There is absolutely no problem with writing a law that objectively specifies that the punishment for "17 years and 364 day" is going to be only marginally worse than for "18 years", for example, which you used as an example for why a "bright and clear line" would be necessary, and that that would mean that you have to have to have a strict cut-off point between hard punishment and no punishment at all.

> There is. Just because something is not consistently enforced doesn’t mean it’s not clearly illegal. Cops may not fine you if they see you jaywalking, but you’re still unambiguously breaking the law if you cross the street outside of the crosswalk.

In other words: There isn't. If you are breaking the law, but there are pretty reliably no consequences, in which sense are you then breaking the law that would be relevant to this discussion?

> Most crimes (although not statutory rape) require intent to be shown [2].

In other words: For most crimes, there is less of a "bright and clear line", and things generally seem to be working well, or even better. So, how is that a justificaton for having more of a "bright and clear line"?

> No justice system is perfect; innocent people get convicted and guilty people go unpunished.

Well ... sure? I am not sure why you mention that?!

> A good law should allow people to unambiguously know when they would break it.

I am not sure I would agree with that. I mean, yes, ideally, people should be able to know in advance what would constitute breaking a given law and what would not, sure. But the problem I see is that this ideal goal is in conflict with other goals of a legal system, such as being just. And "bright and clear lines" in the sense in which you are using the phrase tend to have very nasty side effects in that regard, because they massively increase the probability that honest mistakes that harm noone are punished the same as premeditated harming of another human, but also that someone intentionally doing harm that just so happens to be on the legal side of the "bright and clear line" goes unpunished.

So, I would agree that laws should be as objective as possible in describing what is illegal. But at the same time, circumstances should always be considered so as to avoid injustice that results from overly simplistic rules being applied. That doesn't mean that judges should make arbitrary decisions, though, in that there is no problem with at least attempting to codify the details of how to justly judge individual cases rather than settling for the simplest rule possible. While you might never be able to codify all the possible things to consider, that does not mean that the only other option is to make a simplistic rule.

Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @08:28AM (#20994136)
I’ve meant “bright and clear line” in the legal sense this whole time, yes. Try googling it: basically every result uses to it in the sense in which I’m using it, and none use it to mean “simple”.
Re:Richard M. Stallman resigns by zAy0LfpBZLC8mAC on Tuesday September 17, 2019 @09:14AM (#20994619)
> I’ve meant “bright and clear line” in the legal sense this whole time, yes.

Let me quote you:

> But here's the thing: the law can't take that into account. The law needs a bright and clear line, so you can know how not to break it. And so even though there's not really a difference between 17 years 364 days vs. 18 years, one can consent to sex with an adult while the other cannot.

So ... your argument was what exactly? That the law could not possibly spell out a more complicated rule than "below 18 is illegal", because ... it is impossible to do so in the English language? Or what?

Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @09:34AM (#20994855)
That the law needs an objective way to determine whether or not one can consent to sex. It can’t be e.g. “has reached puberty” as another commenter suggested, because there’s a huge gray area where it would basically be up to the whims of the jury whether or not you were breaking the law. We use age because it’s an objectively measurable proxy for maturity, and it’s more or less correlated.

As it happens, statutory rape law is already more complicated than a cutoff at 18. There are often exemptions for people who are married, or close in age. But the line is still objective — a “bright and clear line”, so to speak.

Re:Richard M. Stallman resigns by zAy0LfpBZLC8mAC on Wednesday September 18, 2019 @01:23AM (#21002575)
So, you would agree then that it would be better to have a law that, say, made the transition from "illegal to have sex with" to "perfectly legal" gradual, as long as the rules are clearly spelled out? That is, a law that tries to avoid the situation where a very minor difference in objective reality corresponds to a massive difference in consequences?

If that is what you meant to say, you really didn't explain that well in your original comment, as you explicitly claimed that the law could not take details into account, rather than that it should specifically avoid subjective criteria. After all, it is perfectly possible to take into account the fact that not all people of the same age have the same maturity without resorting to subjective criteria--such as by making the transition from legal to illegal sufficiently smooth in terms of possible punishment that the punishment statistically scales with the probability of the sexual interaction being with an immature person: While that obviously does not perfectly match the consequences to the actual maturity of each individual, it would give a much better correspondence between punishment and the abusiveness of the relationship overall than a hard cut-off, while still being based on objective criteria.

Now, you are right that the law is actually usually more complicated than a single hard cut-off, but it seems that it's often still doing a poor job due to lack of nuance.

Re:Richard M. Stallman resigns by objectivetruth on Monday September 16, 2019 @11:55PM (#20991323)
As parent said, there needs to be a "bright and clear line."

We don't give 12-year-olds a 2/3 fractional vote because a) that introduces a ton of complexity for not much gain, and because b) children are essentially legally "owned" by their parents so the odds of their compulsion to vote a certain way rise dramatically. (Some people didn't want to give women suffrage last century because they figured it would just double the exact ratio of the existing men's vote tallies. And now a century later we have wives that still vote only to please their husband.)

Some things might work -- I don't think this would fly in the US but maybe you could allow 19-year-olds to buy beer (not liquor) like in some states in the 70s.

But how does that work for kids and sex? You want to embed the "first base, second base" junior high sex metaphor into the LAW? A 19-year-old can fondle a 16-year-old's breasts but not her genitals?

Again: "bright" and "clear" have legal and common-sense context here.

Re:Richard M. Stallman resigns by zAy0LfpBZLC8mAC on Thursday September 19, 2019 @01:49AM (#21013639)
> We don't give 12-year-olds a 2/3 fractional vote because a) that introduces a ton of complexity for not much gain

Which might be true or not, but in any case does not support the claim that it is somehow inherently impossible.

> and because b) children are essentially legally "owned" by their parents so the odds of their compulsion to vote a certain way rise dramatically.

Well, no, children are not in any sense of the word owned by their parents. Compulsion should not be possible in any sane voting system, as elections are secret. What remains is that chances are that the younger a person, the more their parents tend to have influence over their decisionmaking, which might be a reason to limit their ability to vote accordingly. But you might have noticed that people don't switch from "no clue how to make an independent decision" to "completely mature and independent" on their 18th birthday? So, if your goal is to limit their political influence according to their independence/maturity, why is a hard cut-off at 18 the best solution?

> Some people didn't want to give women suffrage last century because they figured it would just double the exact ratio of the existing men's vote tallies.

Which is obviously a bullshit argument? You don't want to change who can vote because you fear that it won't change the result of the election? And the solution is to make sure that the result of the election doesn't change? Wut?

> And now a century later we have wives that still vote only to please their husband.

See above, secret ballot and all that.

> But how does that work for kids and sex?

Well, the claim was that the difference between "17 years and 364 days" and "18 years" was not a meaningful difference in reality (I would agree), but that somehow it was impossible to make a law that takes that into consideration, and so we don't have any other choice but to have a law that maps one of those to no consequences at all while the other is life-ruining. Which is obviously bullshit, as you obviously trivially can make a law that specifies that the punishment, say, linearily increases from none at 18 years to whatever the maximum is at 14 or whatever. That would be perfectly objective criteria that statistically map much better to the actual lack of maturity of the victim, without any hard cut-off where insignificant differences in the facts of the matter (and thus honest mistakes) result in massively diverging consequences.

Re:Richard M. Stallman resigns by seanmcdirmid on Monday September 16, 2019 @11:31PM (#20991124)
You didn’t address the case where two kids of the same age had sex. If the law cannot take that into account, both are responsible of a crime. Also many states have age difference exceptions as well (so an 18 year old can have sex with a consenting 17 year old); the federal government most definitely has this (4 year delta).
Re:Richard M. Stallman resigns by jakelazaroff on Monday September 16, 2019 @11:37PM (#20991154)
I'm not trying to comprehensively define what does and does not qualify as statutory rape, just explain the general logic behind "minors cannot consent".
Re:Richard M. Stallman resigns by seanmcdirmid on Monday September 16, 2019 @11:41PM (#20991195)
But you misrepresented the legal mechanism as lacking any exceptions. That clearly isn’t true.
Re:Richard M. Stallman resigns by jakelazaroff on Monday September 16, 2019 @11:53PM (#20991310)
I'm sure there's plenty I've omitted; again, I'm explaining why "minors cannot consent", not trying to comprehensively describe statutory rape laws in the U.S.
Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @12:44AM (#20991645)
No, you specifically said:

> The law needs a bright and clear line, so you can know how not to break it.

But that isn’t true in reality for kids/adults close in age, nor is it a fixed line for every jurisdiction in the states. You actually have to know the law.

Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @01:08AM (#20991780)
>> The law needs a bright and clear line, so you can know how not to break it.

> But that isn’t true in reality for kids/adults close in age, nor is it a fixed line for every jurisdiction in the states. You actually have to know the law.

Of course you have to know the law. But the law is well-defined, and you can figure out with 100% certainty whether you'd be breaking local statutory rape laws given your age and your partner's.

I suppose it's possible that there exists an unclear statutory rape law somewhere in the world, but most laws are written to avoid ambiguity. Can you cite a U.S. statutory rape law where it would be ambiguous whether or not sex qualifies as rape given the parties' ages?

Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @01:20AM (#20991848)
Many states have exceptions for people who are married, also age isn’t the only factor that is taken into account (mental ability is as well). There are a lot of little things like that in these laws, but the biggest one is if you go inter jurisdictional (or even extra territorial) and federal law becomes involved (must be under 16, 4+ year age difference).

Anyways, given that the girl Minsky allegedly slept with was 17, I’m not sure why the underage argument came into play at all given what I know about federal law, at least. But then IANAL. Anyways, all the articles I’ve read about Minsky in this affair say trafficking was involved but not specifically child trafficking, so I wonder if the fed’s case was based more around the trafficking and coercion aspects and not the ages of the girls involved

Also, another thing to consider: age of consent is often different when prostitution is involved, so guy could have legal consensual sex with a 16 year old, but not if they or someone else paid for it.

Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @01:31AM (#20991904)
This doesn’t really have anything to do with the discussion we’re having, which is that given a specific set of facts about two person it is possible to objectively deduce whether or not they are allowed to have sex.

If you have an example of a set of ambiguous statutory rape laws, please cite it. Otherwise, I think this conversation has reached a stalemate.

Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @01:41AM (#20991955)
I never mentioned ambiguity, you did. I claimed that the laws were nuanced and not clear cut, and I guess you are just agreeing with that?
Re:Richard M. Stallman resigns by jakelazaroff on Tuesday September 17, 2019 @02:05AM (#20992098)
FWIW, “bright and clear” means that a law is objective and unambiguous [1], not that it’s simple or easy to apply. These laws may not be clear cut in that there are many conditions to evaluate, but they are clear cut in that you can deduce with certainly whether or not you’re breaking them.

[1] https://en.wikipedia.org/wiki/Bright-line_rule

Re:Richard M. Stallman resigns by seanmcdirmid on Tuesday September 17, 2019 @03:28PM (#20999126)
Ok, I can agree we that. You might still need to be (or have knowledge of) a lawyer to determine if you are breaking the law, but at least it can be determined. I was just against the idea that these laws were somehow simple and easy to understand.
Re:Richard M. Stallman resigns by 007435throwaway on Tuesday September 17, 2019 @12:19AM (#20991486)
Do you also agree that minors should never be charged as adults if they commit heinous crimes?
Re:Richard M. Stallman resigns by megous on Tuesday September 17, 2019 @12:14AM (#20991460)
Here, two 15 year olds can have sex, legally. 15 year old and 17.9 year old can have sex. 15 and 18 can't, but do, because the law is demented - if you have two partners, say 15 and 17, as they age, they will first be able to legally have sex, then for a few years they will not, until again, they will.
Re:Richard M. Stallman resigns by eesmith on Tuesday September 17, 2019 @12:06AM (#20991408)
It should have been "Minors cannot consent, with few limited exceptions", or "minors below the age of consent for the sexual relationship they are having cannot consent."

Two common exceptions are: 1) similarity in age, and 2) sex with spouse, if married.

Exceptions can have their own exceptions. For example, if a 17 year old has sex with a 25 year old, it may be legal for an exception based on similarity in age. However, the law may also prohibit that exception if there is sex between a teacher and a student in the teacher's class.

So martinky24 was wrong in writing "Minor's cannot consent". It's an understandable wrong, as those exceptions aren't really that relevant to the topic at hand.

But jelliclesfarm is also wrong in thinking the argument is that minors are "non-beings". Minors are beings with fewer freedoms than adults. Depending on their age, they can be forced to attend school and to follow juvenile curfew laws. They can be prevented from purchasing alcohol, and from driving vehicles, or having a full-time job.

All of these remove some of their free agency. Just like restrictions on who minors are free to have sex with.

Re:Richard M. Stallman resigns by objectivetruth on Monday September 16, 2019 @11:48PM (#20991265)
Parent didn't address it because it doesn't need to be addressed.

In most states, the law is not written "it's illegal to have sex with a 15-year-old PERIOD." Instead, the law is usually "it's illegal FOR AN ADULT to have sex with a 15-year-old."

You are correct that -- for states that a) don't have the "for an adult" clause and b) don't have "Romeo & Juliet" clause -- the law as written DOES imply both kids are guilty. And I'd bet the cost of a nice dinner that, in some of those jurisdictions, both kids in a case like that WERE charged.