The Million Dollar Question: Age of Consent

[example]

What do you propose as an alternative to a flat AoC of 16 or 18? Or do you agree with the current system?

I actually don't like blanket bans for much if anything for a number of reasons:

1. They are impossible to nuance about in court, destroying any kind of presumption of innocence. Even in the (rare) case a youth rapes an adult, the adult is punishable for having had sex with the youth (against their will) because of the blanket ban.
2. They are discriminatory against youths: When a couple (or more!) of adults decide on sexual interaction, they only have to have consent from each other for the "abuse" label to be rightfully eliminated. When an adult and a youth have sex with each other, however, the government stepped in with the blanket ban and thusly in the best case, they will have to wait a couple of years before their first time. Without close in age exceptions, this even applies between youths.
3. They drive youths seeking youth-adult sexual relationships out of the pool of law-abiding adults who seek such relationships, effectively leading to them being far more likely to come into contact with a potential abuser.
4. They stigmatize general talk about youth-adult sex, including cases of actual CSA, because if such is spoken out about, the youth may be seen as 'irresponsible". Similarly, if a positive experience is talked about, parents/other adults still have ground to have the adult the youth had a relationship with arrested, effectively ending the relationship.

However, for the moment, given society's structures of parenting and education which are inherently coercive, one cannot assume that a youth of any age is truly able to say 'no' against an offer from an adult (they've been "trained" to obey adults every single day). Thusly, before I would almost abolish the age of consent, coercion of youths should in general be strictly forbidden under strict penalties which may range from extremely high minimum fines to life imprisonment if such is deemed necessary for the protection of the youth's liberties. Only if that happens can the age of consent be effectively abolished as a blanket ban. This can also generally ease the debate about the age of consent. Thusly, I would propose the following set of rules instead of the blanket ban:

• As a transition measure, sex between adults and youths under a certain age (like 12) is only allowed if the youth requests such or takes the initiative;
• Where roles lead to an inherent power imbalance (like caretaker-offspring or doctor-client), sex is absolutely forbidden for anyone of any age except if the subordinate role requests such or takes the initiative (this does not include a mentorship or a 'live-in caretaker' that the youth voluntarily accepted);

However, it is still very much possible to state an age below which youths are commonly unable to say 'yes' or 'no', which is commonly known to be the age of 2 (remember the 'terrible twos'? They're when a kid learns to say no and resist authority). If an age of consent is essential to passing this proposal, it should be no higher than this age.

[Grunko]

4) The myth of the "brain development stops at 25" has caused people to see anyone below the age of 25 as being too mentally impaired for anything, not least for sex.

Is this thing about the Brain being fully developed until 25 actually true or is it a load of nonsense. There are people saying it is factual but is it really and is it really accurate?

[PorcelainLark]

Is this thing about the Brain being fully developed until 25 actually true or is it a load of nonsense. Is that even accurate and are there any evidence that proves it is nonsense

I did some reading. Apparently it's false, but not in a way that's helpful to us. The prefrontal cortex can be fully developed in your 20s before 25, and it can continue to develop after you're 25. When neurological researchers say your prefrontal cortex doesn't plateau until you're in your 20s, apparently there's nothing specific about the age of 25, it seems to be arbitrary.

The idea of basing the age of consent on how developed the prefrontal cortex is, isn't as intuitive as it first appears if you start to apply it consistently. If you base your criteria of consent on when the brain is fully developed, since adults with ADHD have impaired executive functions, they wouldn't be able to consent to sex either. Under those conditions you have a dilemma: either children can't consent and neither can adults with ADHD, or adults with ADHD can consent and so can children. And this isn't even delve into whether "fully developed" is the same for everyone.

[Jim Burton]

Reviews of research literature have revealed this brain maturity thing to be bad interpretations of imaging data, chasing a talking point.

https://wiki.yesmap.net/wiki/Research:_ ... ve_ability

[Grunko]

Is this thing about the Brain being fully developed until 25 actually true or is it a load of nonsense. Is that even accurate and are there any evidence that proves it is nonsense

I did some reading. Apparently it's false, but not in a way that's helpful to us. The prefrontal cortex can be fully developed in your 20s before 25, and it can continue to develop after you're 25. When neurological researchers say your prefrontal cortex doesn't plateau until you're in your 20s, apparently there's nothing specific about the age of 25, it seems to be arbitrary.

The idea of basing the age of consent on how developed the prefrontal cortex is, isn't as intuitive as it first appears if you start to apply it consistently. If you base your criteria of consent on when the brain is fully developed, since adults with ADHD have impaired executive functions, they wouldn't be able to consent to sex either. Under those conditions you have a dilemma: either children can't consent and neither can adults with ADHD, or adults with ADHD can consent and so can children. And this isn't even delve into whether "fully developed" is the same for everyone.

I found some more links

https://www.thestudiesshowpod.com/p/epi ... -old-brain
I had a look at this. There is another podcast video which talks about the research. They mention things like individual differences…. No such thing as fully developed as Brian’s change throughout life (making connections and losing connections), and also explain no two Brains grow and develops at the same time or pace. They also talk that some people may never have a fully developed Brian.

https://www.sciencefocus.com/comment/br ... evelopment

If there are saying the frontal lobes (which is responsible for decision making, planning, emotional regulation, thinking, behaviour, read situations and other people, concentration, etc.) are not fully developed by 25 or 30, I find that science around the Brain development could be a bit biased and a bit harmful both to teenagers and adults because what if your over that age and struggle to do these things or find there are some teenagers who able to do these things better than even some people who are say 25+ or even at 40 with no fault of the own. I know you mentioned about ADHD, but what about other disabilities or mental health condition. it puts pressure on those over a certain age.