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CONSENT_AGE


                                             January 12, 2022   
                                                                
I think issues revolving around                         CLEARENCE
"age of consent" are pretty                                     
interesting because they're such     I usually can't resist trying
emotional hot-buttons people         to step in and bug people to
tend to shut their brains off        think these things through a
when they get near them.             little more.  This is typically
                                     recieved about as well as you
                                     would expect.              
                                                                
                                                                
Re-working some commentary from reddit:                         
                                                                
   [link]
                                                                
About this article:                                             
                                                                
    "'Why Is Child Marriage Still Legal?':                      
    A Young Lawmaker Tackles a Hidden Problem"                  
    by Erick Trickey                                            
                                                                
    This is about Cassie Levesque, who is in                    
    the NH state legislature.                                   
                                                                
                                                                
This piece is objecting to                                      
young-teenage of marriages,                                     
which are legal in some places      Peeve: using emotionally loaded
with with-parental-consent (or      words like "child" when there's
a judges approval).                 a specific definition involved
                                    that they make you work to find out.
    My first impression was it                                  
    was specifically about                 Arguing against "child marriage"
    raising the cutoff to 16,              seems like an intentionally
    but the activists involved             deceptive debating technique.
    would prefer 18 in every               Most of us would think a "child"
    state.  They just had to               is younger than a teenager, so
    settle for raising it to               "child marriage" sounds extra-bad.
    16 in New Hampshire.                                        
                                                  Though in *some* places when
    And while 16 is still pretty                  they say "child" they really
    young, at least there's still                 mean it, e.g. this case with
    a requirement for responsible                 a 9-year old in Afghanistan:
    adults to be be involved...                                 
                                                  [link]
        And one hopes they're                                   
        responsible responsible adults--                        
        the irresponsible ones are a                            
        problem in lots of ways, but                            
        it's not an easy one to fix.                            
                                                                
                                                                
  And just to be clear, I                                       
  *personally* would not care   When you wade into these        
  if they raised it to 18.      waters, someone always          
                                accuses you of being            
  It also wouldn't bother me    interested in Jeffrey           
  if we had consistent rules    Epstein's business model.       
  across all states-- or for                                    
  that matter a consistent                         So consider me asterixed,
  world-wide standard.                             not that anyone ever seems
                                                   to care-- why drop a
      Though in the United States                  promising line of attack
      there's the usual technical                  when it's easy enough to
      issue of whether the feds can                dismiss any explanations
      take the issue out of states                 and excuses, and just
      hands--                                      insist that the defensive
                                                   behavior is obvious proof
      Reagan got a 21 drinking                     of guilt?    
      age by threatening state's                                
      highway funding, which                  In romcoms, particularly asian
      still seems pretty sleazy               romcoms, "cinderella" plots are
      to me, particularly for                 pretty common, and I end up
      Mr. States Rights.                      researching age-of-consent laws
                                              because it's helpful to know how
                                              close the main characters are to
                                              legal violations. 
                                                                
                                              It is, needless to say, a little
                                              awkward to ask around about things
                                              like this.  "Hey guys, does anyone
                                              know if it's still technically
                                              legal for thirteen year olds to
                                              have sex in the Phillipines?  Uh--
                                              asking for a friend.  A fictional
                                              friend.  I mean, a friend in
                                              fiction."         
                                                                
                                                                
It struck me that some of the                                   
arguments presented in favor of                                 
making this legal change seemed                                 
to revolve around cases where                                   
there's a big age difference                   Here, I'm referring to
between the spouses--                          this line of argument:
                                                                
This is a fairly common attitude, but I            "The typical American
have to say seems at least a little                child marriage isn’t a
questionable-- a clueless teenager and an          Romeo-and-Juliet story of
adult is taken to be very bad.. so is it a         teenagers in love, they
formula for a successful marriage to have          say; more than 80 percent
two clueless teenagers involved?                   involve a girl under 18
                                                   marrying an adult, often
                                                   someone several years
                                                   older."      
                                                                
                                                There's evidently a
                                                recognition that at
                                                least in some people's
                                                heads two teens are
                                                better than one.
                                                                
                                                I understand that they're
                                                trying to deflate romantic
                                                fantasizes-- that cinderella
                                                plot I mentioned is
                                                *tremendously* popular-- and
                                                get people to focus on
                                                actual cases... teen marriages
                                                that work out well are
                                                evidently a tiny minority.
                                                                
                                                I can't claim these cases
                                                are common in my experience,
                                                but it is indeed hard to
                                                imagine one where I would think
                                                "Oh sure, what a good idea."
                                                I'm more likely to react "Uh,
                                                why not just wait a few years?"
                                                                
                                                                
                                                                
          So my suggestion:                                     
                                                                
          Try to think through what it is we really             
          care about, and do our best to craft laws             
          to go after that.                                     
                                                                
              If you really and truly want to ban               
              large age differences, do that.             
                                                                   
                      Though I gather the direction the consent    
                      laws have been going is age cut-offs, but    
                      with "close-in" exceptions written in, so     
                      violations between people that aren't that    
                      far apart in age are regarded as less bad.    
                                                                    
                          Hard to see how to apply                  
                          something like that to                    
                          marriage laws.                            
                                                      
                                                      
                                                      
                                                      




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