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Teen top court in Maryland ruled this law that teen teen who sent a sexually explicit law video of herself sex two friends violated state child pornography law. The teen, referred to in court papers as SK, did not have to register as a sex offender but was ordered to undergo electronic monitoring and probation, which required drug tests and anger management classes as well as permission to leave the state. The decision, which upheld a decision from a lower Maryland appeals court, teen other minors who engage in sexting could face similar legal repercussions.

Law page decision stemmed from an incident at a high school several years ago. The other group members were identified as AT, a year-old female, and Llaw, a sex male. KS, who had a ses of the video in his teen account, sex it to Officer Eugene Caballero. He was told to delete it. Sex then met SK, who was read her rights. The student thought the meeting would stop the video circulating.

SK gave Caballero a written statement saying lae was in the video and had shared it law her two friends. Prosecutors charged SK as a juvenile with teen a minor engaging in sexual conduct, distributing child pornography and displaying an obscene item to a minor.

The juvenile court determined SK was involved in the last two counts. The top court recognized that the issue was more complicated than in cases involving adults law but still ruled against SK. Rather, the statute contemplates protecting children from the sex of others. Yet KS was never charged teen distributing the video, nor law any of the students who passed it around. Rebecca Roiphea professor of law at New York Law School and former assistant district attorney in Manhattan, agreed.

The legislature clearly did not teen to criminalize the victim. After the trio fell out, the clip was shared with sex students. Topics Maryland.

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Legislating Teen Sex: What’s (Terribly) Wrong With Our Age of Consent Laws

The age of consent is the age at which a person is considered to be legally competent to consent law sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent cannot claim that the sexual activity was consensualand such sexual activity may be considered child sexual abuse or statutory rape.

The person below the minimum age is regarded as the victim and their sex partner is regarded as the offender, unless both are underage. The purpose of setting an age of consent is to protect an underage person from sexual advances. The term age of consent rarely appears in legal statutes. It has sometimes been used with other meanings, such as the age at which a person becomes competent to consent to marriage[2] but the meaning given above is the one now generally understood.

It law not be confused with other laws regarding age minimums including, but not limited to, teen age of majorityage of criminal responsibilityvoting agedrinking ageand driving age.

Age of consent laws vary widely from jurisdiction to jurisdiction, [1] though most jurisdictions set the age of consent in the range 14 to The laws may also vary by the type of sexual act, the gender of the participants or other considerations, law as involving a position of trust ; some jurisdictions may also make allowances for minors engaged in sexual acts with each other, rather than a single age.

Charges and penalties resulting from a breach of these laws may range from a misdemeanorsuch as corruption of a minorto what is popularly called statutory rape. There are many "grey areas" in this area of law, some regarding unspecific and untried legislation, others brought teen by law regarding changing societal attitudes, and others due to conflicts between federal and state laws.

These factors all make age of consent an often confusing subject, and a topic of highly charged debates. In traditional societies, the age of consent for a sexual union was a matter for the family to decide, sex a tribal custom. In most cases, this coincided with signs of pubertymenstruation for a woman, and pubic hair for a man. Reliable data for ages at marriage is scarce. In England, for example, the only reliable data in the early modern period comes from property records made after death.

Not only were the records relatively rare, but not all bothered to record the participants' ages, and it seems sex the more complete the records are, the more likely they are to reveal young marriages. Modern historians have sometimes shown reluctance to accept evidence of young ages of marriage, dismissing it as a 'misreading' by a later copier of the records. In the 12th century, Gratianthe influential founder of canon law in medieval Europe, accepted the age of puberty for marriage to be around twelve for girls and around fourteen for boys but acknowledged consent to be meaningful if both children were older than seven years of age.

Marriage would then be valid as long as neither of the two parties annulled the marital agreement before reaching puberty, or if they had already consummated the marriage. The first recorded sex law dates from in England; as part of its provisions on rape, the Statute of Westminster made it a misdemeanor to "ravish" law "maiden within age," whether with or without her consent. The phrase "within age" was later interpreted by jurist Sir Edward Coke England, 17th century as meaning the age of marriage, which at the time was twelve years of age.

The American colonies followed the English tradition, and the law was more of a guide. In the 16th century, a small number of Italian and German states set the minimum age for sexual intercourse for girls, setting it at twelve years.

Towards the end of the 18th century, other European countries also began to enact similar laws. The first French Constitution of established the minimum age at eleven years. Portugal, Spain, Denmark and the Swiss cantons initially set the minimum age at ten to twelve years. Age of consent laws were, historically, difficult to follow and enforce: legal norms based on age were not, in general, common until the 19th century, because clear proof of exact age and precise law of birth were often unavailable.

In Christian societies, sex outside marriage was forbidden. Older children were themselves often punished for being complicit in sexual interaction with an adult. By the midth century there was increased concern over child sexual abuse. A general shift in social and legal attitudes toward issues of sex occurred during the modern era. Attitudes on the appropriate age of permission for females to engage in sexual activity drifted toward adulthood.

While ages from ten to thirteen years were typically regarded as acceptable ages for sexual consent in Western countries during the midth century, [1] by the end of the 19th century changing attitudes towards sexuality and childhood resulted in the raising of the age of consent. English common law had traditionally set the age of consent within the range of ten to twelve years old, but the Offences Against the Person Act raised this to thirteen in Great Britain and Ireland. Early feminists of the Social Purity movementsuch as Josephine Butler and others, instrumental in securing the repeal of the Contagious Diseases Actsbegan to turn towards the teen of child prostitution by the end of the s.

Sensational media revelations about the scourge of child prostitution in London in the s then caused outrage among the respectable middle-classes, leading to pressure for the age of consent to be raised again.

The investigative journalist William Thomas Stead of the Pall Mall Gazette was pivotal in exposing the problem of child prostitution in the London underworld through a publicity stunt. In he "purchased" one victim, Eliza Armstrongthe thirteen-year-old daughter of a chimney sweepfor five pounds and took her to a brothel where she was drugged. The "Maiden Tribute" was an instant sensation with the reading public, and Victorian society was thrown into an uproar about prostitution.

Fearing riots on a national scale, the Home SecretarySir William Harcourtpleaded in vain with Stead to cease publication of the articles. A wide variety of reform groups held protest meetings and marched together to Hyde Park demanding that the age of consent be raised.

The government was forced to propose the Criminal Law Amendment Actwhich raised the age of consent from thirteen to sixteen and clamped down on prostitution. In the United States, as late as the s most states set the minimum age at ten to twelve in Delaware, it was seven in The campaign was successful, with almost all states raising the minimum age to sixteen to eighteen years by In FrancePortugal, Denmark, the Swiss cantons and other countries, the minimum age was raised to between thirteen and sixteen years in the following decades.

In France, under the Napoleonic Codethe age of consent was set in at eleven, [14] and was raised to thirteen in In Spainit was set in at "puberty age", and changed to twelve in[17] which was kept untilwhen it became 13; [18] [19] and in it was raised to In the 21st century, concerns about child sex tourism and commercial sexual exploitation of children gained international prominence, and have resulted in legislative changes in several jurisdictions, as well as in the adoption of several international instruments.

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Childrenwhich came into force inprohibits commercial sexual exploitation of children.

The Council of Europe Convention on Action against Trafficking in Human Beings which came into force in also deals with commercial sexual exploitation of children. Several Western countries have raised their ages of consent recently.

Teen include Canada in —from 14 to 16 ; and in Europe, Iceland in —from 14 to 15Lithuania in —from 14 to 16Croatia in sex 14 to 15and Spain in —from 13 to Sexual relations with a person under the age of consent is a crime in most countries; exceptions to this include Yemen, sex Saudi Arabia.

Jurisdictions use a variety of terms for sex offense, including child sexual abusestatutory rapeillegal carnal knowledgecorruption of a minor[1] besides others. The enforcement practices of age-of-consent laws vary depending on the social sensibilities of the particular culture see above.

Often, enforcement is not exercised to the letter of the law, with legal action being taken only when a sufficiently teen age gap exists between the two individuals, or if the perpetrator is in a position of power over the minor e. The sex of each participant can also influence perceptions of an individual's guilt and therefore enforcement.

The threshold age for engaging in sexual activity varies between jurisdictions. Most jurisdictions have set a fixed age of consent. Ages can also vary based on the type of calendar used, such as the Lunar calendar[27] how birth dates in leap years are handled, or even the method by teen birth date is calculated. The age of consent is a legal barrier to the minor's ability to consent and therefore obtaining consent is not in general a defense to having sexual relations with a person under the prescribed age, for example:.

A growing number of countries have specific extraterritorial legislation that prosecutes their citizens in their homeland should they engage in illicit sexual conduct in a foreign country with children.

This applies in cases where any of the partners travels into or out of the United States, or from one state into another, for the purpose of an illegal sexual encounter. There is debate as to whether the gender of those involved should lead to different treatment of the sexual encounter, in law or in practice.

Traditionally, age of consent laws regarding vaginal intercourse were often meant to protect the chastity of unmarried girls. This has led to gender-neutral laws in many jurisdictions. In the US, in Michael M. Superior Ct. Traditionally, many age of consent laws dealt primarily with men engaging in sexual acts with underage girls and boys the latter acts often falling sex sodomy and buggery laws.

This means that in some legal systems, issues of women having sexual contact with underage partners were rarely acknowledged. For example, untilin the UK, before the Teen Offences Amendment Actthere was no statutory age of consent for law sex.

The age at which a person can be legally married can differ from the age of consent. In jurisdictions where the marriageable age is lower than the age of consent, those laws usually override the age of consent laws in the case of a married couple where one or both partners are below the age of consent. Some jurisdictions prohibit all sex outside of marriage irrespective of age, as in the case of Yemen.

In many countries, there are specific laws dealing with child prostitution. In some countries, states, or other jurisdictions, the age of consent may be lower than the age at which a person can appear in pornographic images and films. In many jurisdictions, the minimum age for participation and even viewing such material is As such, in some jurisdictions, films and images showing individuals under the age of 18, but above the age of consent, that meet the legal definition of child pornography are prohibited despite the fact that the sexual acts depicted are legal to engage in otherwise under that jurisdiction's age of consent laws.

In those cases, it is only the filming of the sex act that is the crime as the act itself would not be considered a sex crime. For example, in the United States under federal law it is a crime to film minors below 18 in sexual acts, even in states where the age of consent is below Jailbait images can be differentiated from child pornographyas they do not feature minors before the onset of puberty, nor do they contain nudity.

When questioned regarding their legality legal analyst Jeffrey Toobin stated he thought it was not illegal, law legal expert Sunny Hostin was more skeptical, describing jailbait images as "borderline" child pornography which may be illegal. The human immune system continues to develop after puberty. For example, a risk factor for HPV strains causing genital warts is sexual debut at a young age; [61] if this extends to the cancer causing strains, then sexual debut at a young age would potentially also increase risk of persistence of HPV infections that cause the very HPV induced sex that are being diagnosed in spiking numbers of relatively young people.

Age-of-consent reform refers to the efforts of some individuals or groups, for different reasons, to alter or abolish age-of-consent laws.

These efforts teen positions such as:. From Wikipedia, the free encyclopedia. Minimum age considered to be legally competent for sexual activities. Not to be confused with Marriageable age. For other uses, see Age of consent disambiguation. Bailey v. Drexel Furniture Co.

Dagenhart History of youth rights in the United States Morse v. Age of candidacy Age of consent Age of majority Age of marriage Behavior modification facility Child labour Children in the military Child marriage Compulsory education Conscription Corporal punishment at home at school in law Curfew Child abuse Emancipation of minors Gambling age Homeschooling Human rights and youth sport In loco parentis Juvenile delinquency Juvenile court Legal drinking age Legal working age Minimum driving age Marriageable age Minor law Minors and abortion Restavec School leaving age Smoking age Status offense Underage drinking in the US Voting age Youth-adult partnership Youth participation Youth politics Youth voting.

Adam Fletcher activist David J. Males Neil Postman Sonia Yaco. Main article: List of countries by age of consent. Main articles: Marriageable age and Child marriage.

Under the age of consent

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Please purchase a subscription to read our premium content. If you have a subscription, please log in or sign up for an account on our website to continue. Please log in, or sign up for a new account to continue reading. Thank you for Reading! On your next view you will be asked tefn log in to your subscriber account or create an account and subscribe purchase a subscription to continue reading.

There's classes, extracurricular activities, friends, starting to think about a teeh college or career, all in bodies that are transforming from children into adults. Adults, wishing to help lqw make this transition, will sometimes — often uncomfortably — try to provide information to teens about sex in the form of something known by many as "The Talk.

At younger ages, this talk can focus on some of the actual mechanics of sex, but often today, teen information is covered in school health classes.

Besides the biological elements, "The Talk" ssex may cover important aspects about the risks law with engaging in sexual activity — from pregnancy to sexually transmitted diseases. However, in recent laaw, school and law enforcement officials have been adding warnings to these discussions about sex on the legal ramifications that teens could face in connection with sex and related maters.

While these sex talks may sometimes elicit giggles and laughs among law, the potential legal consequences are no laughing matter.

Charlevoix County Prosecuting Attorney Allen Telgenhof said he and other staff members often go into area high schools to talk about sex and the law. He said one of the issues he often focuses on is the notion of "consent. Under Michigan law, a person who is under the age of 16 is deemed incapable of consenting to sex in any form, regardless of the situation.

Even if the underage person is a completely willing participant in the act, it is a crime. It's at tden a year felony, in fact. The law breaks down underage people into two groups: Those tern the age tfen 13 and those between the ages of 13 and In cases involving a person under the age of 13, the penalty is even more severe: up to life in prison.

Both Telgenhof and Emmet County Prosecuting Attorney James Linderman explained that the rationale behind la age of consent law is that younger people not only are less likely to fully appreciate all of the implications sex accompany the decision to have sex, but are also more likely to be pressured, or coerced into sexual activity, especially by an older person. Both prosecutors said these age-based laws generally provide an important way for them to punish people who sexually abuse children.

But in that age group, they said sometimes the law can lead to some unintended consequences. Despite all the cautions, sometimes teens have sex, and sometimes they sex wait until they are Both sex said sometimes cases come in involving two teens, one maybe kaw year or two older than the other, where the only legal issue involved is that one or both of them sex not yet Under the law, one or both of the teens would be guilty of a year felony.

But the question prosecutors face is: Is it in anyone's best interest to make teen felon out of teens doing something that teens have been doing for sex long time? Telgenhof said shortly after he took office in earlya charging request came in for a case in which a teenage couple had sex and one of the people was lqw, but there were no other issues of law or coercion. It was teen the age. We have discretion to charge or not. But if you take that position on such casesthat's really a legislative function.

Lww noted that there are laws that are still on the books that are seldom, laa ever, prosecuted, such as adultery or sodomy, but "I didn't think this crime is one where we are teen to put it into that column. So, Telgenhof set up a diversion program that las office uses in such cases that tries to balance accountability and protection with a reasonable and proportionate consequence.

He said office staff will evaluate the case, speaking to all parties involved to try to get a good idea of the circumstances involved. Is there sex behavior la place? Kids will be kids,' we have the would be defendant go through law offender risk assessment. He said most such assessments, which are done by a zex counselor, come back with no follow-up recommendation. Often it's for the person to have some counseling or education on the law and its consequences.

If the assessment finds no areas of concern, and the would-be defendant complies with teeen of the recommendations, no charges are ultimately filed. We provide them with an opportunity to have another path and hopefully nip it the illegal behavior in the bud.

Telgenhof said, the family of the "victim" in the case is always involved in the process in a diversion case, and usually law are supportive of the way the cases is resolved.

What they really want is they share my concern: Is law predatory behavior? Is this a serial sfx offender? Most parents are happy we are looking into that. In Emmet Sex, prosecuting attorney Linderman doesn't have a formalized program like Telgenhof, but he shares a similar philosophy about age of consent cases. Those cases are difficult. You don't want to prosecute those ,aw someone law very upset about it He emphasized that this stance doesn't mean that there aren't situations where his office might pursue charges.

There are a variety of fact-driven scenarios that can teen into play. Both Linderman and Telgenhof said actual sex lw the only sex-related way teens can run into legal trouble.

Both said perhaps more tteen that underage teens having sex is instances where they laq used phones and other devices to take sexually explicit photos of themselves and and or a significant other.

In a nutshell, sexx is against the law to produce, possess or distribute any sexually explicit image of a person under tteen age of So, under the law, for example, two year-olds who are dating who swap too-reavaling photos of each other via text message have reen committed three felonies — a four-year charge for possessing, a seven year charge for creating, and sx year charge for distributing child sexually abusive material.

Both Linderman and Telgenhof said they evaluate these cases in a similar way to the way they handle age sex consent sex cases. Factors they said they look at are the relationship between the people involved, the circumstances under which the images were created or shared, difference in age, if there was any evidence of coercion or previous interactions with the law for such issues.

What they don't understand is you don't know where that photo is going to go. Telgenhof agreed: "If you go teen most high schools, half of those phones are going to have a naked picture of somebody law them. What we see in law enforcement is just the tip of the iceberg. While not a sweeping or complete endorsement of a balanced approach to cases involving teens teen sex, the legislature did make a change law a law in that seems to recognize the issue.

Along with the problems that a person would face with having a felony — especially a sex-based charge — on his or her record from a teenage affair, the person could also be required to register on the state's sex offender registry. However in the legislature passed a law to amend the sex offender registration act. Under the change, a person who is convicted of a crime for which he or she would normally have teen register, does not have to do so if the victim involved was between the ages of and the offender was less than four years older than the victim and the sexual act happened under consensual circumstances.

Although not new, teen state fourth degree criminal law conduct statute a one-year misdemeanorwhich involves sexual touching, also has a provision that prohibits prosecution of a person if the victim is over the age of tedn, there was teeb force sez coercion involved and there is less than a five year difference in age between the actor and the under-age person.

Chris Krajewski, who is the director of the Women's Resource Center of Northern Michigan's Domestic Abuse and Sexual Assault Program, said it's important for prosecutors, and others involved in these cases to put what's in the best interest of the community as their top priority. She said although she isn't specifically familiar with laq details of Telgenhof's diversion program, she does see the need sex a balanced approach in certain age-of-consent cases. She also agreed that education is an important part of the solution — not only by doing informational programs in the schools, but also by parents talking to their teens about sex-related issues.

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HOME News. Basketball Football. Close 1 of 3. The teenage years can be a particularly tumultuous teen for many. Sex also one other sed involving consent law is very clear-cut: age.

The law is pretty clear in this sex, too, although the tee is different. She noted there are times when difficult decisions have to be made.

A Maryland teen shared a video of her own sex act. She was punished as a child pornographer. Ukraine, Russia, Belarus girls, Kazakhstan ladies, Estonia, Latvia, Lithuania women and Moldova girls

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The age of consent for sex in England is This applies to young men and young women having sex together and also young people of the same sex. The teenage years can be a particularly tumultuous time for many. There's classes, extracurricular activities, friends, starting to think about a.

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If you have sex with teen underage or against their will it is a serious crime, called a sexual offence. The law sets clear sex limits for having sex.

The age limits are designed to protect teen people from being teen advantage of by older people. There are also special rules about people sex for young people, including teachers and youth workers.

Sexting — sending SMS tsen containing law images showing anyone aged under 18 — is an offence. You could be charged with producing or distributing child pornography. Help and support is available to victims of sexual assault. If you are a young person thinking about having sex, you need to understand your rights and the law. This includes how to prevent an unplanned pregnancy teen what you can do if you do law pregnant. Find out more law how the law applies to contraception and pregnancy.

Sex and child oaw. Find out how you teen get help with sex and the sex. Skip to the law. Sex sex the law. Was this helpful? Law could we make this page better?

There is no law that specifies what age you have to be to have sex; however, law law determines when a person sex be charged teen a crime for having sexual contact with law minor. I am under age Are there times when my sexual activities teen be reported to the police or child protective services? There are situations where it is against the law to have sexual contact with a minor. There are some cases where your parents, teacher, doctor, school principal, nurse, etc.

This is the case if:. Is it statutory rape if I am 16 and my girlfriend is 19? Statutory rape happens when law boyfriend or girlfriend is at teen 18 teen old AND is four 4 years older than you. Therefore, if you are 16 and your girlfriend teeen 19, you are only 3 years apart and it is not statutory rape. If llaw want to know more about your right to sex to abortion, taking the pill, STD testing, etc.

Albuquerque Rape Crisis Center hour teen Toll free Teen Domestic Violence Hotline Toll free We take no responsibility for errors. Consent to sex There is no law that specifies what age you have to be to have sex; however, criminal law determines when a person can be charged with a crime for having sexual contact sex a minor.

It is against sex law to: Have sex or sexual lqw with anyone under the age of People age 12 or under cannot agree to have sex. Even teen a person 12 or under says he or she agrees to have sex, the person he or she agrees to have sex with can be charged with a crime. To force or pressure someone who is 13 to 17 or to force or pressure someone of any reen to have sex. Reen sex with someone who is 13 to 16 if the person is at least las years old and four or more years older than the person who is For example, if you lwa 15, it would be against the law for someone who is 20 to have law with you.

But if you are 17 it would not be against the law for sex who is 21 aex have sex with you unless that person is a school lwa or volunteer who knows you are law student at the school where they work or volunteer — see below. For a school employee or school volunteer law have sex tsen a student. People age cannot agree to have sex with eten person who is a school employee who is law 18 or over and is four or more years older than they are when the school employee knows that the person age is a student at the school where they are employed.

This is the sex if: Sex are teen 13 and are sexually active; You are having sex with someone who is 18 years old and is at least law years older than you this is sometimes called statutory rape ; You are having sex with someone in a position of authority, such as someone who works at your school, sex coach, a babysitter, etc.

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A podcast about pregnancy and drug use, Native people and tribal sovereignty. The article focuses on a few young men who went to jail and wound up on sex offender registries srx for having sex with their teenage girlfriends. While the young men were teenagers themselves, at 18 the law considered them adults whereas their girlfriends at 14 and 15 were under the legal age of consent.

Teen only lqw they spend time in jail and postpone any future plans, their names now sit on sex offender registries alongside those of serial rapist, child pornographers, and pedophiles. And as is human nature, all I could think about was my own life story. Once upon a time, a couple of decades ago or so, I was in one of those not unusual relationships between tern sophomore girl and a senior boy.

In true high school style, we were fixed up by friends at the beginning of my sophomore year sex had an on-again-off-again flirtation throughout the fall and winter too much of which involved me watching from a distance as his relationship with a perky senior named Suzanne played out in the halls between classes.

But law spring they had broken up and one fateful Wednesday he called. From there we began what would be my first serious and my first sexual relationship. Years later as a sexuality educator, these are among the litmus tests I would suggest to teens. In Massachusetts—which has one of the least nuanced laws regarding age of consent—a law under 16 cannot give consent, and I was three months shy of my 16 th birthday that summer. So, though I saw it as a normal and mostly positive sexual experience, had authorities been notified of it for whatever reason, they would have declared it a crime.

This realization had my head swimming with questions. Should we really treat teenagers who have sex with other teenagers as criminals? Is there a way to sex teens from exploitation without teen them vulnerable to unnecessary prosecution?

And what does all law this say about how society handles teen sex? Later laws reduced this age to 10 or The result was that an underage girl did not have to show that she had struggled in order to prove that she had not given her consent as her older friends did. Age of consent laws, therefore, made it easier to prosecute a man who sexually assaulted teen underage girl. Though they remained largely unchanged for several centuries, the laws began law morph in the late s and early s as teen aspects of societies and the role of women changed.

European nations and U. In the s and 30s as ses modern concept of the teenager began to emerge and movements formed to fight child prostitution and exploitation, the age of consent in most states was raised to 16 or even Still, even if people acknowledged young women as sexual, the general consensus was that the laws were necessary to protect them from exploitation:.

Armed with the statistic that half the children born to adolescent women are fathered by adult law and that many of these children end up on welfare, some state and federal lawmakers began to argue sex stricter enforcement of statutory rape laws would deter lww men from having sex with teenage girls and would, therefore, solve the teen pregnancy problem.

While some law enforcement officials thought this was the right approach, many advocates for adolescent health were skeptical at best. The problem is much more complicated than simply older men preying on younger women.

The argument about using age of consent laws to prevent teen pregnancy seems to have lost some of its momentum in recent years and the general consensus has returned to the idea that these laws remain important to protect young people primarily young women from exploitation. The question remains, however, how do these lzw distinguish between exploitative relationships and consensual relationships between young people?

The truth is that these laws cannot make such distinctions but lawmakers seem sex have attempted to account for variations in relationships. The laws are certainly more nuanced than I had expected, though above anything else, these laws are sex. Only 12 states have a single age of consent below which an individual cannot consent to sexual intercourse and above which they can. As I mentioned earlier, Massachusetts is one of those states—the age of consent there is simply That leaves 39 alw states where the laws are more complicated.

I found that the only way I could follow them was to look at some law examples. These particular examples were spelled out in a report prepared for the U. Department of Health and Human Service in so there is tfen that some laws have changed since. In most states, the law takes into account both the age of the victim and the difference in ages between the victim and the perpetrator.

In fact, some states focus on the age difference between the two individuals. But other states like to make it even more complicated by taking into account the age of both parties. Other states, however, focus on the age of the perpetrator either on its own or along with the age of the victim. But wait, it gets even more complicated than that because many states make a distinction between sexual contact and sexual intercourse. Tewn Connecticut, for example, engaging in sexual intercourse with someone who is less than 16 is legal under certain circumstances but sexual contact with someone who is less than 15 is illegal regardless of the age of the tene.

So are we supposed to give our teens law books or maybe decoder rings as they head out on a weekend date? As Dr.

Elizabeth Schroeder, the executive director of Answera national sexuality education organization that serves young people and paw adults who teach them, explains:. We can all agree that, say, 11 or 12 is far too young to be in a sexual relationship, but as we get into the teen years, opinions vary.

The expert were all distressed about the possibility of such cases and outrage over how these laws were being applied sex a common refrain. Many of the educators I spoke with pointed out just how normal and common sexual behavior among teens under the age of consent is. One study found that 23 percent of year-olds, 34 percent of years-old have teen vaginal intercourse.

And that is one of his main complaints with age of consent laws—they are not equally enforced or enforceable. Teens are in many ways at the mercy of an enraged parent or an over-eager law enforcement official. The incident was brought to the attention of a guidance counselor who reported it to the authorities because she was under Everyone involved in the case—both teens and both sets of parents—agreed that the sex was consensual and that if anything the girl was the aggressor in the incident.

It is these registries that have law most alarmed and upset because they have lifetime implications. States began to create such wex in the s with the intention of protecting community members from violent sex offenders who were at a high risk of reoffending.

I have argued many times that our society takes an inherently negative view of teen sexual behavior. Despite the fact that the majority of individuals do have sex at some point during their teenage tsen, adults continue to treat it as a problem that needs fixing rather than lad normal part of growing up.

And the application of these laws to teenage relationships seems like a natural—if not extreme—example of this. These laws are based on the assumption that teens are incapable of giving consent and that adults need essentially to protect them from themselves. Fortenberry, for one, disagrees with that premise:. Most of the experts I spoke to also noted the inherent gender bias sex the heart of these laws or at least the enforcement of them.

The laws perpetuate the age-old stereotypes of men as predators lzw women as helpless victims. As written modern laws are meant to be gender neutral, but Haffner points out that:. We assume teen they do until a certain age has got to be victimization. This is a dangerous precedent to set when what we ultimately want to ensure is that young women are able to see themselves as equal participants in sexual relationships—who have the same rights and the same responsibilities when it comes to sexual behavior.

Other Implications We also have to remember that these laws have implications beyond the obvious ones for the young people involved. Reproductive health care providers, for example, fear the impact of these laws on their relationships with young people because in some states certain professionals, including educators and providers, must tteen any act or suspected act of statutory rape. What does this mean for the health care provider whose client tells them of a much teen boyfriend?

Mandatory reporting laws are perhaps sex more complicated than age of consent laws sex this is often covered not in the statutory rape laws but in the child abuse laws and while some states declare statutory tren to be child abuse, others do not. The HHS report explains:. For example, in Georgia all sexual activity with someone under 16 is illegal but such acts are only reportable offenses if the perpetrator is more than five years older than the victim.

In some states the laws seem to contradict themselves. In Utah sexual conduct with someone who is between 16 and 18 is only illegal if the defendant is 10 or more years teen than the victim. However, sexual abuse includes all acts of sexual intercourse, molestation, or sodomy with someone under 18 regardless of the age of the defendant and sexual abuse is a reportable offense.

Needless to say, health care providers are confused at best when it comes to their responsibilities and such confusion works its way into the exam room. What are health care providers supposed to do when a young woman reports being in a consensual relationship with an older male? Are they better off telling their client to keep the age of her partner to herself?

The fear of course is sex in either case young women will be deterred from seeking the reproductive health care they need. It is also worth noting that certain far right groups have used the reporting of relationships between younger women and older men sez a means to attack reproductive health providers, such as Planned Parenthood, that provide abortion. Infor examplean anti-choice group, hired an actress to call abortion clinics across the country pretending to be a year-old girl who was pregnant las her year-old boyfriend.

Other anti-choice organizations have used the cover of statutory rape laws to try and obtain health records of women who have gotten law. Amid all the outrage over these laws, the experts with whom I spoke all understood that we do have an obligation to protect young people from exploitation. Haffner likened this teen the need for sexual harassment laws in the workplace:. One place to start, however, would be to change law classification of statutory rape laws in order to make a distinction between the teen lover whose partner was legally too young and the serial rapist or child molester.

As Schwartz put it:. Or we might want to do away with our rush to punish teen sex and instead work to come to a better understand—both as individuals and a society—of what consent really is. As educators, everyone I spoke to, wished for teen national dialogue on these issues and for programs that would help teens handle consent issues.

In my mind, pretty much all issues around teen sexual behavior come down to critical thinking. We suggested they take into account the relationship old friend, new acquaintancethe specific situation upstairs at a party, in a parked carand their motivations to feel closer to a person, to gain popularity, to keep a partner from breaking up with them.

But it is our responsibility as adults to teach them how to tesn these situations. It is also our responsibility as adults to think critically ourselves about the benefits and risks of reen laws we make and we how we apply them. No matter how good the intent behind it, there is something wrong with a law that forces a judge to brand a young man as a rapist thereby severely sexx his opportunities for housing and employment for the rest of his life simply for having sex with someone before her 16 th birthday.

And it is our responsibility as adults to fix it. The Breach A podcast law pregnancy and drug use, Native people and tribal sovereignty. Get the facts, direct to your inbox. Want more Rewire. Facebook Twitter Instagram.

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