Showing posts with label statutory. Show all posts
Showing posts with label statutory. Show all posts

Friday, February 8, 2008

This concept of "wuv" confuses and enrages us

I know this is in Italy and I'm not supposed to be reading the news anyway, but this is ridiculous. A court in Italy decided to severely reduce a 34-year-old man's sentence for having sex with an underage (13 year old) girl because they decided there was "real love" between the pair.

First of all:

In Italy, the age of consent is 14, so this is like the equivalent of in the average US state (where consent is usually about 16) a 36 year old and a 15 year old. So sketchy, illegal technically, but don't think of it as quite the same thing legally as a 30 year old and a 13 year old in this country.

HOWEVER, the reason behind the sentence reduction was not "she was only a year away from being able to consent, so we'll reduce it on those grounds" but it was "they loved each other."

Here's the thing. The law says a 13 year old can't consent to sex, she can't consent to sex. Period. Well, she can, but it's invalid consent-- like if a completely plastered girl consents to sex, that's invalid (of course in that case, she may have had a standing consent with a guy that it was okay for him to have sex with her while she was drunk, like if they were dating. Someone who is underage could not have done that, since they have never previously been able to give valid consent). According to the laws of consent, when a person who is underage consents to sex, their words are essentially meaningless, and only affect whether or not the crime is "statutory rape" or just "rape."

And yet according to this Italian court, if the girl "loves" the man (maybe she did, doesn't matter) and he loves her, then her consent becomes valid. Despite the fact that nothing in her brain changes when she thinks she loves the man that makes her judgment better and makes her older.

Ultimately, though, what really bothers me is that this is a moral decision on the part of the judge. According to this judge, sex + love = okay, sex + no love = bad. And even though I personally agree, I don't think that that is a decision the courts should make. This is saying that a teenage girl who has sex with an older man because she thought he was hot and wanted to have sex was somehow coerced and unable to consent, but one who wanted to have sex with an older man because she felt she truly loved him was NOT coerced.

It's saying that women/girls would NEVER have sex willingly unless they loved the man and the man loved them (could also be saying the same for young men, but I doubt it; anyway, that's irrelevant). Which is not true and a moral judgment of women who have sex with people they do not love. If the judge feels that that is immoral, fine, but it shouldn't come into the courtroom. Judges should go by the law, not their own moral codes, if they live under a truly secular government, which Italy claims to have.

Friday, October 26, 2007

Ephebophilia is Not Sick and Wrong, Just Skeezy

Genarlow Wilson was freed today. Thank GOD.

Sex laws in this country are ridiculous. They either seek to control women or to let women control men, never anything in between.

For the sake of this argument I am excluding pedophilia (sexual assault on someone who has not undergone puberty).

Anyway.

Statutory rape laws-- I call these "Daddy's Little Girl" laws because they all seem to say, "Oh, my precious little baby would NEVER want sex, that man must have COERCED her!" Yeah, right. My opinion is that if a teenager actually lies about her age-- as in, tells a person over the age of consent that s/he is over the age of consent-- then there should be a slight punishment for not bothering to check, never more than a few months in prison. What's more, S/HE should be punished for lying to the man or woman who slept with her/him. I'm thinking like a year of community service plus paying damages to the "offender."

However, if s/he merely lies by omission-- never says one way or another what his/her age is-- the underage person shouldn't be punished, but it should be a slightly reduced sentence for the overage person as opposed to if they actually knew beforehand their age.

Cases of ephebophilia-- and please, let's call it that, none of this "statuatory rape" or "pedophilia" crap, call it what it is-- sex with a teenager-- should be determined based on both consent, and if that consent was coerced somehow-- promising not to tell about some misdeed, or something. There is a difference between actually taking advantage of someone and only taking advantage of them because they're not really old enough to know better.

And for Pete's sake, people, it's not statutory if they're BOTH under the age of consent, if one is and the other is less than five years older than them, or if the older person was mentally incapacitated somehow, like if they were high. Stupid and unfortunate, but not statutory (it could be sexual assault, though, if s/he didn't consent). Age-based consent isn't like normal consent. Normal consent is cut and dry-- yes or no. Age-based consent is "Is she old enough? What if she's lying? Is that ID fake?" You have to cut people some slack.

At the same time, it's kind of skeezy to want to have sex with young teenagers. I'm just saying you shouldn't attack a guy because he thought that young, hot girl was worthy of attention and she turned out to be a year too young. Then again, I also think all drugs should be legal for people over the age of 18 and the drinking age should be lowered etc, etc. So clearly, I am a Libertarian idiot, at least according to most liberals.