Originally Posted by trollface:
“Oh, yeah, don't get me wrong, I'm not saying that going out and having sex with under 16s is a good thing, but I think there's a strange idea in our society that finding a girl attractive on her 16th birthday is fine, but the day before that makes you a pervert who should be castrated before you rape again. This is just plainly nonsense, and leads to things like those ridiculous and creepy sites that count down the time until child actresses are "legal". There's not a hard and fast dividing line between being a child and being an adult. 16 is just where British law has defined that line as being, as far as sex goes, to ensure that people are protected as much as possible from physical and emotional harm.”
That is a fair point - the law is fairly arbitrary and does not appear to be based on any particular principle of child protection or child development.
The legality of sexual relations at any particular age has changed and indeed when I was studying mediaeval history for running a writing workshop, I discovered that one character was on her third husband at the age of about 18 - she had first married about 12, then again at 14 and then some time betwen 15 and 17. It was risky being her husband, both politically and on the field of battle. all 3 of her husbands, despite their love for her and marriage to her, would be 'paedophiles' in modern terms, yet in their own era, there was nothing wrong at all with their behaviour. All of them were heavyweight political figures of their time and in the public eye - so it makes you ask - 'if marriage was legal at 12 then, why not now?'
OK so roles have changed and education is more widespread, BUT the woman in question was herself educated and funded a school, so we are not talking about a pram-faced baby-machine - we are talking about an exceptional woman of her era (who eventually produced a royal Prince from her 'under-age' shagging).
the starting point for the law was that people only had sex inside of a marriage and so if you were too young to marry, you were too young to lawfully have sex.
centuries later, the marriage age eventually went up to 16 and along with it, the capacity to 'consent' to sex.
clearly most people (me included) believe that children need protecting from predatory adults, but where the lines should be drawn does not appear to have been based on what is good for a young person or it seems with changing norms of behaviour. young people are having a lot of 'bad sex' it seems according to a very recent report - not linking it to relationships and careless as to STIs, so adding a criminal dimension to what appears 'natural' (if unwise) behaviour brings the law into disrepute (in the same way as it has been with criminalising homosexuality).
In my work I often used to deal with people accused of sexual offences, as well with as protecting children and victims. I have seen both sides of the situation.
Sometimes the offences I dealt with appeared to lack seriousness - I remember dealing with somebody who ended up as a registered sex offender - from recollection he had let his 15 year old girlfriend jerk him off when he was 18. where was the public interest in that prosecution and that person being labelled a 'paedophile'? IMO it makes the label less serious to have that kind of situation included.
16 does seem rather later than physical development would suggest and unless education can reduce the increasing levels of sexual activity under that age, it does seem an error to have an age gap between the reality and the legality. even when I was at school (almost 30 years ago), at least 2 girls from my class got pregnant under-age, so it's not exactly a new problem.
of course the expression 'jail bait' has been around a while...
What would make sense would be a Law Commission to review medical and psychological evidence with an open mind on the issue, with a brief to seek to protect the young from exploitation, but also avoid unnecessary criminalisation.