I had to vote 'Other,' because consent seems more like a complex legal framework based in contract law than an expression of willingness. And especially in the context of minors, the whole legal mechanism of age of
consent laws seems designed specifically to legally preclude willingness (as a 'protective' measure).
More than a legal framework, 'consent' is also a complex social concept that has evolved rapidly in recent decades, with vast volumes of research articles and books from psychology and sociology scholars to gender studies professors and activist movements all weighing in. It is far too easy, then, for a layperson's views on consent to be dismissed as 'ignorant,' 'uneducated,' or 'uninformed.' I concede that it is virtually impossible for me to keep up with all the current theoretical literature on the many evolving definitions and usages around the concept of 'consent.' But again, as related to minors, 'consent' seems so far removed from free will, and so much more focused on 'protectionism,' that I prefer not to debate on exactly what 'consent' is or is not. 'Protecting minors' is relevant and can be integrated into various legal/social models. But I prefer to focus on 'willingness' separately. Because so few normies who are concerned with minor 'consent' are actually concerned with 'willingness.'
Rin wrote: Wed Aug 14, 2024 6:05 am
I am of the line of thought that consent ≠ willingness, applying the concept of consent, which is legal in nature [...]
Artaxerxes II wrote: Wed Aug 14, 2024 4:11 pm
[...] It's not actual willingness if the judge in court is the one to decide whether you "consented" or not, for consent is solely a socio-legal construct [...]
^This is where my line of thinking was going, too. I'm not saying that the concept of 'legal consent' should not exist. Just that the concept of 'consent' seems to be more focused on some sort of socio-legal protectionism, rather than an individual's objective willingness. Personally, I think there are better models for protecting youth while respecting their autonomy than outright banning consent.
Naugahyde wrote: Tue Jun 10, 2025 4:12 am
The concept of informed agency within sexual consent poses an intriguing paradox. It suggests that before engaging in sexual activities, individuals must possess comprehensive knowledge about potential outcomes. However, this ideal raises significant concerns as it overlooks the intrinsic value of exploration and risk-taking, which often lead to profound experiences. [...]
^This is a really good point that I've thought about a lot, as well. Some risk-taking can be healthy and important for growth. Obviously, there's nuance and a balance to be struck. We don't want to bubble-wrap kids until they're 18. On the other hand, we don't want a little kid to go skydiving without any safety guidance. There needs to be a middle ground.
PorcelainLark wrote: Tue Jun 10, 2025 2:10 pm
I was thinking of a normative remedy to the problem. If an anti says they don't think a child can consent because they don't understand sex, does that mean that with the right sexual education they could consent, or do they mean there's a hard and fast line about maturation (i.e. no amount of education can make a 16 year old educated enough to consent like an 18 year old)? I don't think anyone really believes the former, but I think it's useful to clarify they mean the latter.
Well, again this is why I prefer to discuss this in terms of 'willingness,' rather than 'consent.' Because when normies say, 'Kids can't consent,' they generally mean
legally. Following then,
why is it not legal for kids to express consent? Is it really because kids can't meet the overly complicated legal criteria that constitutes 'consent'? Or is it mainly just to protect kids from exploitation? It seems to all boil down to 'protecting kids from harm.' And that being the case, I wonder if there are other mechanisms, besides disregarding the capacity of kids to consent, which could more effectively reduce harm.
It always struck me, how the term 'consent' (and children's supposed incapacity to express it) is primarily applied to sexual activity, with very few exceptions. For instance, when a child wants to ride a horse -- a risky activity that could result in serious, life-altering injury -- we do not hear about her 'inability to consent.' But what we
do hear in that case (hopefully) is about safety training, protective equipment like helmets, education, etc. We also hear about permission from parents, which is appropriate. There may be 'parental consent forms,' which are legal in nature (usually including liability waivers). But when it comes to risky sport, society does not deny the agency of a child to participate willingly.
Kids should be protected from harm/exploitation, but not at the cost of their total autonomy. If 'inability to consent' is the primary legal framework 'protecting' children from exploitation, then I would ask what other frameworks have been considered and weigh their effectiveness. Because as far as society takes it with regards to children, 'consent' is
not about willingness. Rather, it's about preventing 'harm' with the broadest, most categorically dehumanising legal mechanism possible. It is to say,
'You are banned from consenting, to protect you!' It's so overly simplistic that it's legally 'convenient.' But a more comprehensive system could adequately address harm and safety concerns while respecting dignity and legal autonomy better than a blanket ban.
TL;DR: There are healthier and more effective ways to protect youth besides saying,
'You are banned from consenting to that!'