Teenage Sexuality and the Law

Back in 2016… when I was 16. I witnessed an equally 16-year-old friend get arrested on school campus.

What was his crime?

He had sex with his 15-year-old girlfriend, her parents found out by looking through her phone and they pressed charges against the boy. Despite his girlfriend refusing the notion that she had been raped, my friend was sentenced to 8 years and will spend the rest of his life on the SOR. our small-town newspaper even had the audacity to call him a ‘‘disturbed pedophile’’.

This event inspired me to start researching U.S sex law and culture and I’ve come to the conclusion that it is garbage.

Sex laws vary from state to state, out of the 50 states only 18 of them have ‘‘Romeo and Juliet laws’’ but these R&J laws still criminalize sex between minors as a ‘‘misdemeanor’’ rather than a ‘‘felony’’. I live in California which not only lacks R&J laws but is also known to have the most draconic sex laws and teens who have sex, get locked up regularly.

I have never had sexual relations with anyone but as a teen, I believe that other people in my age range are being screwed over by a great deal of things, including sex laws.

Despite what modern American parents attempt to enforce, it is an undisputed fact that teens and even ‘‘tweens’’ are horny. This is a side-effect of both puberty and post-puberty. Being extraordinarily horny as a teenager is natural, it is the starting and highest point of human sexuality. Punishing teens for being horny by cracking down on them watching porn, teaching them to avoid masturbation and putting them in jail for having sex with other teens is detrimental to their health and an abuse of human rights.

There is science to prove that allowing and even perhaps encouraging teens to act on their sexual urges may benefit them mentally, it will help reduce stress.

Recently, I have drafted up a legal proposal of sorts after extensive studying in the past few years which correlates to what I believe would be an ideal system of sex laws.

I am well aware that this is not a political forum but this legal proposal is related to my personal belief that some things should only be enforced by the federal government and not the states. These include educational, health, housing and sex laws. This legal proposal would encompass what I view as an ideal system of sex laws that should be enforced by the federal government and encompass all states.

Unknown to many, the federal age of consent is 12. Likewise the federal age of consent has never once been used or respected when involving teens who have sexual relations together. 12 is a good starting number when it comes to an AOC ( Age of Consent ) because it is scientifically accurate as the age that most children begin to exhibit sexual behavior.

My proposal would enforce that once a child turns 12, they are legally permitted to have sexual relations with anyone 2-3 years older than them. This means that at 12, you could have sex with a 15-year-old but not a 16-year-old. Once you turn 15, you can have sex with anyone 18 or younger.

This proposal actually raises the current age of consent to 20. Once you turn 18, you are still limited to having sex with individuals who are 18, 19 and 20. Once you turn 20 however you can have sex with anyone.

I believe that 20 is the proper age of adulthood, 18 and 19 still have a ‘‘teen’’ suffix and by all logical accounts, an 18-year-old and 19-year-old should be declared teens and not adults. They should not be forced to take on adult responsibilities unless they themselves are willing too.

This, of course, should all function in equal with a reformed sex education system which is based on scientific standard and no religious standard. I am supportive of Dr. Jocelyn Elder’s views on the American sex education system. Things like masturbation should be encouraged in teens, not demonized.

I had my first sex-ed class in 5th grade, the classes were separated by genders and neither male or female students learned about the other genders sexual health. The only thing they covered was armpit hair and erections and defecation and urination for some reason and that was all. They did briefly touch on masturbation and told us that masturbating would increase our chances of contracting HIV.

I believe that we should begin sexual education earlier, in Denmark they start sexual education in kindergarten. I don’t believe we should copy this but I think we should use a similar system.

These proposed sex laws and sex education reforms would most certainly have a better impact on children.

However, there is another issue I would like to discuss and that is Teen Pregnancy.

Teen pregnancy is at an all-time low, not because teens are aware of how dangerous it is but rather they are scared into being against teen pregnancy. This system would do a better job at preventing teen pregnancy however I, personally am not against the concept of teen pregnancy, I believe that if teens become parents t they shouldn’t be punished by law or kicked out of their homes and they should be treated with the same level of compassion that any average human should be treated with. Teen parents should also never be denied their highschool graduation certificate based on their presence as teen parents. If both parents are willing to raise the child and have the means to do so, I do not see any problem with it.

I also wish to extend these sex law proposals to the creative department. I do not believe that Loli and Shota should be illegalized and that AOC Laws should have zero influence over any fictional characters and fictional universes.

Is this a good proposal, if not, what should be changed and why?

Are you sure about that? A google search led me to this page https://www.solresearch.org/report/US_Federal_Age_of_Sexual_Consent which lists the “federal” age of consent as 18.

To be honest, the existence of a “federal” age of consent is completely foreign to me, as to my knowledge age of consent is done at the state level

The U.S Government does not have any government provided sources that detail age of consent laws ( go figure ). However according to Wikipedia, it is 12. Although the section is poorly worded so it may be that 12 was the AOC in 1880 but has since been removed. Either way it is not enforced and 12 is still a good age to begin this proposed legal system at.

Thanks for this very thoughtful proposal to raise the age of consent and to create a flexible Romeo and Juliet provision. I am not commenting on the merits of it because I am more interested in hearing feedback from others, but I did just want to clarify one thing: when you say that California doesn’t have a Romeo and Juliet provision, this is true. However, it does have a law that says that for partners within 10 years apart and older than 14, the judge can decide that the circumstances don’t require the older one to be added to the sex offense registry. At least, that is what the the law says when the couple has penile-vaginal sex. If they have other types of sex, this discretion doesn’t apply—which is discriminatory towards gay and lesbian young people and their partners. We are supporting a law that would eliminate this discrimination, and make the discretion uniform, so that fewer LGBTQ+ people are added to the registry for having sex as teens.

I don’t think we should really be encouraging teenagers to have sex, although we shouldn’t mark them for life if they do.

Two year age gaps are also oddly specific and people will likely fall through the gaps in weird ways. It really should be up for the judge to decide if something is above board or not, within a reasonable limit, of course.

Also, is it really a good idea to start it at 12?

It’s pointless to regulate teen sex because it’s a primal urge by all intents and purposes. All problems created by teen sexuality are artificially constructed psuedo-issues perpetuated by mainstream society.

This legal proposal couldn’t gain any traction without the age gap.

I explained why it should be started at 12, 12 is 1. the lowest age of consent in 1st world countries and 2. the start of adolescent sexuality.

I doubt that most individuals will have sex at 12 but if they do, they will be allowed too.

I will elaborate further.

Some things are clearly stupid to prohibit like masturbation, but sex creates a whole host of issues like pregnancy, STDs, possible exploitation (maturity varies, as does the intellectual value between individuals in such a group, a judge’s discretion is important).

Sometimes there are relationships four years apart which are alright, but ones in the same year which might not be due to an individual being mentally handicapped or otherwise. We also have to factor in things like peer pressure which may lead to minors to do things which they otherwise might not do. This could be considered a form of grooming / exploitation.

Also, if teenagers lack the mental and cognitive capacity to consent to sex from outside their narrow age groups, then they certainly lack the mental and cognitive capacity to start their own families.

Starting a family is a huge responsibility and not one that should be tackled by anyone but a couple of knowing adults. Accidents do happen, of course, and we should be prepared for these and not treat them with hostility, but there’s a difference between that and normalizing the activity.

This is all a very complicated problem without any really simple answers.

Restricting teenage sexual activity will in no way effectively combat unwanted Pregnancies, STD’s and sexual exploitation which happens among every single age group and the dysfunctional American justice system has revealed that an individual judges decision is a flawed system. Judges should be a conduit through which good law is enforced, not the law itself.

I believe that we criminally underestimate the intellect of teenagers, sure we have made great strides in scientific research concerning age-based mentality and behavior but we have also limited the potential of teenagers. Teenagers are largely capable of anything an ‘‘adult’’ can do and there is honestly too much proof that adults aren’t inherently wiser than teens.

I know this isn’t exactly a political forum but these discussions often require political intervention. Starting a family isn’t hard for everyone. It’s largely dependent on your culture. Often, it’s so hard for young people to start families because the American culture and state intentionally makes it difficult for young parents or poor parents to raise a family in general.

This only touches on this tangentially, but the AoC in quite a few countries, such as the U.K. is actually 16, however if one is in a position of authority, such as a teacher and a student, then the AoC is bumped up to 18. This is done to correct for the power imbalance between the two. You can also get married at either 16 or 17, I don’t recall the specifics.

One country in Europe, to my knowledge, pushes it down as far as 15, but even 16 is a pretty controversial number.

And what you say is not quite so, teenagers enter puberty where their decision making is hampered by hormones which they previously never had to deal with. They also lack the experience which adults have, that is not to say that adults cannot foolish, but a teenager is far more likely to be ill-equipped for such a thing.

Perhaps an age gap with provisions for peer pressure and provable mental incompetence? This would still muddy the waters however as it’s not always too clear cut.

The lowest age of consent in a 1st world country is 12 with that country being Japan. I believe that teens should be allowed to marry one another without any hostility and in regards to positions of authority, it should be lowered to 16.

Experience is not limited by age, experience is just experience and the affect that hormones have on mental health is easily repeated with or without them. Nothing that hormones do to a teenage brain is impossible to occur in an adult brain without such interference. 2,000 years ago we had teenagers who actively conquered sizeable portions of the earth. This proves that teens can do pretty much anything an adult can.

I’m not even sure why you are on this forum, you appear to be against everything the foundation is in favor of and you keep repeating the age of old arguments that the forum members actively combat on a consistent basis.

The age of consent in Japan is not 12. The national age of consent is notionally 12, but every region bumps it up to either 18 or 16 effectively making it similar to the U.S. where it is also a mish-mash of states where the age of consent is 16 or 18.

National age of consent is still an age of consent.

These are all arguments you will see sooner or later in the outside world.

I’ve seen teenagers who were pretty rowdy at the time, but are now fairly mature, calm and collected. I have also seen teenagers who got depressed for long spells, tried to kill themselves after a break-up, etc.

They are far more likely to act on their emotions than older age groups. An age gap may have merit, but the education would have to be fairly comprehensive and we would have to be prepared for exceptional circumstances which may be more common than we would like.

Perhaps, a lot of these things could be different in a different culture, but it will take quite a bit of shifting to change the current culture. Education may have an impact there?

And the foundation is favor of child protection, thinking about every eventuality and how it might impact on that is vital, even if you don’t like a particular point.

Adults can be rowdy, adults can be depressed for a long period of time and adults can kill themselves after a breakup. This behavior is not unique to teens.

And here we go again with ‘‘teens act on their emotions’’. Adults do the exact same thing and arguably to a far greater degree, the majority of the world’s greatest crimes were done by adults acting on their own emotions.

The reason why teens may or may not be as capable as they undoubtedly once were is that we decided to limit their exposure to things in order to ‘‘protect them’’. Youth is great because your brain is still developing and this allows you to learn as much information as possible at a young age.

And once more, restricting a teen’s ability to consent to sex is not ‘‘child protection’’ it’s just inhibiting them based on outdated and illogical morals. People should be protected from each other not from themselves.

It is true that there are a lot of helicoptor parents these days.

https://afineparent.com/be-positive/helicopter-parent.html
This one is probably more on the extreme side, but it kind of points it out.