[I'll come back to your two questions later, maybe in a couple days. I'm out of time. It's worth mentioning that I don't necessarily support total abolition, I was making a rhetorical point.]
Fragment wrote: Wed Mar 26, 2025 3:30 am
Now- giving a blow job to a teen boy and forcibly penetrating a 5 year old are technically the same crime. The sentencing range is wide, so of course the punishment will differ, but the crime is the same. Even in my case, one handjob counts as "non-consensual indecency" (minimum 6 months), the other counts as "violation of the healthy upbringing of youth ordinance" (maximum one year, a fine is possible). The latter crime now only basically applies to 16-17 year olds, rather than 13-17 year olds. I don't see how even a (reasonable) anti-c viewpoint can think that this change was necessary or beneficial.
So many ridiculous elements here. There are so many ways in which our laws regarding AMSC have become worse than they used to be.
Fragment wrote: Wed Mar 26, 2025 3:30 am
I understand the goal of increasing the amount of AMSC so there can be proper research of the topic, so in that sense, even extremely restrictive legalization could be a good thing. But having seen how the court system plays out, this idea would never work. Proving that someone initiated an action, especially "clearly and unambiguously" leaves so much room for judicial interpretation. Recorded proof just wouldn't happen in most cases, so you'd end up with a situation arguably worse than now because you wouldn't have a clear sense of what you're doing is illegal or not until after the fact (arguably 16/12 struggles with that, too, though). A similar, but much simpler solution would simply be to make "minors can't consent" a rebuttable presumption, so evidence of consent is a legal defense. Much like in Uruguay. We discussed that when drafting 16/12 as one potential option, but were too skeptical about judicial interpretation.
I disagree with several of your assumptions here.
For starters, "clear and unambiguous" already reflects the sort of language used in "affirmative consent" laws, which were my direct inspiration. Although such laws
do raise multiple issues regarding policing and enforcement, none of those issues appears to me to be a deal-breaker in the case of AMSC, precisely because the aim is to require a greater level of care and caution relative to AASC, especially from the adult participant.
It's also intended to switch the discourse around AMSC from "consent", which I find has now become too loaded with additional conceptual baggage, to simple "willingness", which is what I think should actually matter.
Ultimately, though, the core underlying idea of my proposal, in addition to being that of simply increasing the occurrence of AMSC for proper research to take place, is to induce a paradigm shift in
how AMSC happens.
In the current context, AMSC mostly occurs between people who already know each other, who are already close, but who had never expressed an interest in sexual intimacy. The adult
nearly always makes the first move, which is what makes such occurrences so vulnerable to accusations of "grooming", "manipulation", "corruption of minors", and so on. I'd call this current paradigm, with a healthy dose of sarcasm, "old(er) men/women bothering kids". I believe that if AMSC is ever to be socially acceptable, a new paradigm must become the norm: "horny teens seeking out old(er) men/women". This would mean that MAPs would no longer look for partners among their immediate surroundings, but would instead search for young people with a preexisting interest in intimacy with adults.
In a world where everyone uses the Internet and smartphones, having "recorded evidence" seems to me like it would be quite trivial,
assuming that MAPs go along with the paradigm shift. A purpose-built dating website could enforce having the minor make the first move and make it clearly legally binding. There are already "consent Apps" popping up, so in unusual circumstances such as a sudden escalation of the intimacy level in person, "willingness App" counterparts could be used as well.
Since MAPs would generally be choosing their partners among the relatively small pool of enthusiastic AAMs, it is highly likely that most would meet them online.