Fragment wrote: Sat Mar 22, 2025 9:42 am
Pro-Reform isn't necessarily about what is morally justifiable. It's about law, and therefore legal considerations need to be taken into account.
Indeed. It is relatively easy to come up with utopias based on certain moral principles and applying them without regard for the practical complexities of society as it is. It is much harder to formulate pragmatic proposals that might 1) be acceptable for the majority of the population in at least one liberal democracy; 2) be fully applicable in practice without becoming distorted or having unintended consequences.
Fragment wrote: Sat Mar 22, 2025 9:42 am
You mention differentiating penetrative and non-penetrative sex. That already does happen, at least on the level of sentencing, and in many jurisdictions the crime of indictment. I was sentenced for a crime that has a minimum 6 month sentence, but if penetration had been involved it would've been a minimum 5 year sentence (I'm very lucky that I considered a blow job might be "too much" for an initial sexual encounter).
Damn... a 5 year minimum sentence for fellatio.

Is cunnilingus in the same legal category?
I wouldn't include oral sex among "penetrative" practices. In fact, if we were to truly base our laws on objective risk of harm, it's really only vaginal penetration that's particularly problematic because the vagina is configured differently before puberty (the walls are initially smooth, but folds start to form during puberty to accommodate penetration). Sodomy when properly practiced is generally physically harmless, even for quite young children, but that's something the world is most definitely not ready to hear...
Fragment wrote: Sat Mar 22, 2025 9:42 am
Another legal consideration is "how easy will this be to prosecute?", "is it ambiguous?", "will there be extra false positives?", "or false negatives?" In general we (well, society) don't want more bad guys to go free, not when it comes to hurting kids.
One notion I'm currently exploring is that the age of consent could be lowered to 12 with the caveat that if a minor between the ages of 12 and 16 is to have legal sexual contact with an adult, it's always the minor that must make the first move and initiate sexual activity clearly and unambiguously, ideally with recorded proof. Adults would be allowed to openly disclose that they are MAPs, but they wouldn't be allowed to ask children for sex. All AMSC within the child's family would remain illicit.
The true practical goal of such a system would be to enable the creation of legal platforms for MAAs and AAMs to find each other, such as dating websites.
Fragment wrote: Sat Mar 22, 2025 9:42 am
A final thing I think is
key to pro-reform is "can this system actually reduce the amount of abuse in society?" We have extremely harsh penalties in place for AMSC, yet sexual abuse is still pretty common. My belief is that better sexual education, better recognition and acceptance of (at least) teen-adult relationships and more discussion of how to say "yes" (not just "no") would actually lead to healthier sexual relationships in general with an ability to see abusers called out for it, instead of protected by the veil of shame that benefits them now.
I am in complete agreement with this. In fact, I strongly believe that a society without any age of consent laws whatsoever, only the laws prohibiting rape and assault, but with better sexual education from an early age, would have significantly lower rates of sexual abuse (not just that of children, either) than our current society.