If adolescent partners are close to the same age and nobody was pressured into having sex, by some definitions, this is a negotiated consent. Statutory rape law applies when one of the partners is much older than a teenage partner and that person does not restrain themself from sexual relations. My focus therefore is on the adult, not the kid. Teenagers are legally under the protective custody of their guardians, usually their parents, who in most cases have the best interests of the young adult at heart. When statutory rape occurs, its usually up to the parents whether or not pressing charges will harm the child more than simply letting the matter pass. Top priority is the health of the developing person. If my child were involved, I would not take into account what they said about their consent. I would hold the molesting adult responsible for harm to my child whether or not I pressed charges.
Sexual experiences release a number of hormones that alter the brain and stimulate emotional attachment to their partner. Young or old, this is pretty much universal but to the adolescent this attachment can be intense. The adolescent is pretty much defenseless to manipulation and coercion from an adult sexual predator. Is a young adult ready to handle the emotions of rejection when the predator moves on? There is a large body of case studies that show the outcome for that young adult is more likely to be impaired (depression, suicide, lack of self worth, sexual problems, etc.) compared to young adults that were not molested. So, sexual predators cause harm.
Knowing this, would you sanction putting a developing young adult in the care of a sexual predator that cares nothing for the health and well being of their object of satisfaction?
Do you think that an adult (age > 21) that has sex with a young adult (age <18 against the wishes of the youngster's parents is doing anything wrong? Should they be held responsible if there is finding of harm?
It seems that at least for children that are two years of age you are willing to concede that they aren't able to understand and consent in the same way that an adult can. You are unwilling to put a limit on an age of consent above that. From what I understand of your writing, you say that it depends on the individual. You seem willing to throw out any current laws regarding statutory rape.
Do you care to protect the young of this society from harm from sexual predators? If so, how would you protect the youth of this society from sexual predators? Would you involve the legal system or just handle it individually.
And finally, what if the predator and your adolescent child ran away together. What would you do?
Okay, I think we agree that creating victims is a bad thing. We may disagree on the ultimate best solution on how to prevent and resolve that though. Let's see if we can hold a conversation about our different approaches to lessening coercion based human interactions.
We could detail lots of scenarios and include interesting circumstances, ages of the involved etc, but I think we agree using the element of nondefensive force, duress etc. to ensure person(s) A gets what he wants even when person(s) B hasn't or can't consent to the interaction is wrong. I'd go so far as to say it might be a universal wrong.
The particular circumstances of who did what to whom can change, but the above philosophy of "do not force human relations" is the crux of the issue, right? We want to prevent person A from coercing person B, that is the goal, right?
Your suggested way to ensure that goal of "no use of coercion" is to then use as the arbitrator of those forced situations an entity (coercive government) that gains its authority and maintains its being THRU the systemic use of coercion. How does using systemic force to ensure the elimination of force work? Isn't that a contradiction?
Again, we agree that ending forced human relations is the big picture goal, right?
You asked if those kinds of acts should be "illegal" etc. ? You asked it in more specific terms, etc., but I think as I mentioned already above, the question is generic and more universal. I'd boil it down to, "should human interactions be on a peaceful and voluntary basis" as the core question. The answer is yes, they should, but you already knew that, I think.
That's where the irony comes in, the people that you would use to form and enforce the law have power over others which arises, not from consent, instead that power arises in a nonconsensual and forceful way. While I'm in favor of ending the problems created by using force to create a human interaction, I'm not in favor of applying a contradictory "solution" using the same method, force, which we are trying to eliminate.
So how do you use a coercion based entity to eliminate coercion is the question we SHOULD be asking, but is very seldom contemplated.
Note - If a predator came to to take my child I'd probably use DEFENSIVE force to stop it. If you agree that is an appropriate behavior, should a person then have the right to keep his children from being placed in a government school and try to avoid being forced to pay for that same school which the child doesn't use? Isn't that a use of defensive force?