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Dating site 19 ends up being 12
TOPIC: Dating site 19 ends up being 12
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Re:Dating site 19 ends up being 12 5 Years, 2 Months ago
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I think M and Silent Minority have called this one correctly. It's very much as they say.
And before Holocaust21 chimes in... It's yet more indication that young people (especially girls who mature at an early age) do indeed want and enjoy sex. I think it's a personal decision. A 12 year old isn't necessariliy any less equipped to deal with the risks and complications of sex than an older person who's equally new to sex. I think we should grant people the status of individual, autonomous agents of free will (which we are) and treat them as such. That means, in this case and many others, addressing the girl's behaviour to equip her to make informed decisions about what she's doing. Criminalising someone else (like poor Mr Hodgson) for another person's life choices makes absolutely no sense to me at all, for reasons you can read about courtesy of the aforementioned Holocaust21
holocaust21.wordpress.com/2014/11/16/pro...s-their-refutations/
This case reminds me of a prosecution in the USA, again involving a 12 year old girl and an older man, 19 I think. To portray herself as older, she DROVE to his house in a stolen/borrowed/purloined car, showed him a fake ID and brought along a child cousin and told him she was her daughter. All pretty clear evidence, to the unsuspecting guy, that the girl is older. The problem is that in that US state, as in the UK, if a person is under 13, sexual activity with them becomes a strict liability criminal offence. That means that it is not legally allowed to say in your defence that he or she looked older or convinced you of same. Four howling problems with that:
1) Some under 13s do look older. We know that from our own observation of the world. At 12/13, I myself looked old enough to get served in pubs. On average, girls start puberty at 10/11 ( en.wikipedia.org/wiki/Puberty#cite_note-Kail-1 with several studies on age of female puberty)
2) This approach undermines the presumption of innocence, despite the weasel words from various Supreme Courts upholding the legislation.
3) It also violates the principle of no punishment except in law, a tenet of which is that the law must be clear enough for a person to know in advance the legal consequences of his proposed course of action. If, as in the above cases, there is a hidden factor unknowable to the defendant at the time that changes the legality of his actions, he cannot be held legally responsible for them.
4) It breaches the principle of equality of arms. The state is empowered to prosecute someone, and then further empowers itself by restricting the defendant's ability to defend himself using relevant evidence - a restriction they don't apply to themselves. Anyone fancy a boxing match where you have to keep one hand in your pocket, while your opponent fights two-handed?
My disturbing conclusion is that, if such prosecutions are so legally invalid, the men must be being prosecuted politically.
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Re:Dating site 19 ends up being 12 5 Years, 2 Months ago
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Jo wrote:
But let's give him the benefit of the doubt and believe he thought she was of legal ageā¦
This is exactly my point. Sorry if it didn't come across clearly. The law does not allow us to give any benefit of the doubt to someone who has sex with a 12 year old. Strict liability for sex with an under 13 year old holds that no under 13 year old, in any circumstances could ever be mistaken by anyone (even a blind man) for older. This is no matter how much older the 12 year old looks, and no matter how convincingly he or she portrays an older age. Most of us would concede that 12 year olds can appear older through looks and behaviour as well as deliberate attempts to deceive, as above. Therefore the law creates a theoretical fiction that is not reflected in social reality. If you disagree, which you're perfectly entitled to, please explain why.
I'm not sure what you're trying to convey when you say that 12 year olds aren't adults. You seem to be making the argument that underage people can't consent to sex because they're underage, which is circular logic and invalid. Applying rules to individuals based on the imputed characteristics of the group to which they are perceived to belong is a tenet of Marxist social theory. It's something I strongly disagree with because it denies human beings their individuality. Therefore, I oppose making an age of consent line under which it's illegal to have sex. For the same reason, I oppose the alternative approach taken in some Islamic societies that deems a girl ready to enter into a marriage relationship upon her first menstruation.
As our dear host sometimes points out, people under the age of consent (down to age 10) ARE held criminally responsible for their actions in other circumstances, including the commission of so-called sexual offences. So in fact, we DO sometimes hold 12 year olds responsible for their sexual behaviour, although the position and its rationale seem muddled.
Leaving law aside, and considering responsibility from the point of view of both ethics and simple cause and consequence... I don't agree that people can be freed of all responsibility for their actions or events that befall them, just because there is some kind of written edict that says so. Apart from the most freakish of accidents, there is always some kind of causal sequence to events. It's not fault and blame: it's cause and consequence. In moral terms, we are perfectly free to disapprove of the behaviour of young people.
Last point and then I'll shut up... Let's suppose the behaviour of the young girl using adult dating apps to find and have sex with older men is indeed detrimental to her own wellbeing, and some kind of intervention is needed with the aim of protecting her health and personal safety. Putting Mr Hodgson in prison for 2.5 years does not appear to be a measure rationally connected to that aim. As mentioned above, it seems that there is disapproval or concern about the girl's behaviour, yet someone else is punished for it.
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Re:Dating site 19 ends up being 12 5 Years, 2 Months ago
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25 is getting rather high to set the age of consent, don't you think JK? Everyone seems very prepared to say "our young people aren't mature enough, let's raise the age of consent, raise the school leaving age etc etc" but few seem prepared to ask "hold on a minute, 100 years ago what we now think of as little children were working in fields and raising families? Have we not created a society full of young people who's growth has been stunted?". I saw on the David Bowie articles posted on the other thread some of the Mail commentators were saying stuff like "ah, yes, well sex at 15 was OK then because we were all more mature! But kids these days aren't so it should be banned", which seems like a rather upside down way to look at it. If our kids aren't as mature then we should be worried about that, and perhaps lowering or abolishing the AOC is one way to help them mature faster, amongst, I suspect, many other sorely needed reforms that no one can be bothered to even contemplate let alone action.
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