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Re: about consent

Posted by girls_are_kittens on Thursday, April 24 2014 at 11:45:23PM
In reply to Re: about consent posted by rainbowloom on Thursday, April 24 2014 at 4:49:24PM

"AoC laws should not be abolished completely. They should be lowered in some areas where they are unreasonably high."

Let me share a bit of information about contract law.

Minors are not considered capable of consenting to a contract. This is why minors who engage in activities requiring contracts tend to require parental consent. However, should a minor, for whatever reason, engage in a contract, despite not being legally capable of being held to that contract, the contract is considered "voidable." This generally means that the minor may disaffirm the contract at any time, effectively ending the contract. But, so long as the minor continues to uphold the contract, it is considered legally binding on the adult party in the contract. When the minor reaches the age of majority (16, 17, 18...), the minor (now adult) may ratify the contract by showing approval or benefit from the contract. If a minor contracted to buy a car when she was 17, then continued driving and making payments on it when she turned 18, she would likely be seen as having ratified the contract and would no longer be allowed to disafirm it. The minor may also make some formal statement ratifying the contract, but ratification can be implied.
(I'm not an attorney and this is a general overview of a single part of a large area of law. If you intend to contract with a minor, or have contracted with a minor, check your local laws and/or discuss it with an attorney who is licensed in your jurisdiction.)


I see no reason that sex should be treated all that differently from this. Should a minor engage in sex (parental consent or not), and take no action against his or her partner, it should be considered consent once reaching the age of majority. It would be reasonable to extend the time for action to be taken even several years beyond the age of majority, but there should certainly be a point at which action can no longer be taken (just as a woman should not be allowed to claim rape because she regrets sleeping with her ex-boyfriend). I see no reason to require parental consent, as I believe you have suggested, nor that the parent should be involved in any substantial way in the legal actions a minor may take against his or her partner.

This would still have downsides, but no downsides that aren't already there. Your LGF/AGF might decide she doesn't like you for any number of reasons and claim rape, but that is already a distinct possibility for any pedophiles who practice adult-child sex. I also don't think the age of majority should be so high. I think it does need to be lowered, but an approach like this would provide a way for minors to consent, to deny consent, and to legalize adult-child sex to an extent while still protecting the minor. The primary difference I would suggest is to, in fact, remove the idea of parental/guardian consent. Should a girl and her guardian both consent to you having sexual relations with her, she should still be capable of denying consent, though parental consent could work to reduce sentencing, should a minor deny consent, so as to not completely destroy the partner who acted upon an understanding of consent.

Another thing to note is that in other areas of law, minors are treated with respect to their peers. A child who acts with clear understanding, reason, and knowledge surpassing that of what is deemed to be normal for the child's age will often change how the minor is dealt with. A child who injures himself on the device of an adult may sue the adult, whereas a child of the same age who shows a level of maturity beyond her counterpart, so much so that she would understand the danger of the device that injured, might be less likely to win a lawsuit with all other facts the same. All children are different. Some figure out Santa isn't real by their own understanding of the world at 5, others are still convinced that Santa squeezes down their chimney when they're 10 years old. The law sometimes (and should always) takes a child's individual level of development into account.

(Again, I am not an attorney and do not claim that all the legal information here is, in fact, accurate to your jurisdiction, or any jurisdiction. I have merely given a small overview of some small areas of much larger areas of law to illustrate my argument and its validity. Always seek the advice of a licensed attorney if an area of law overlaps with your life.)




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