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.
> 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.