Criminalisation of Under Age Sexual Conduct
This blogpost serves as a discussion paper concerning the criminalisation of under-age sexual conduct by adults towards for both girls and boys. It defines what kinds of adult behaviour towards youngsters should constitute paedophilia and predatory sex offence.
Sex Offenders Register:
Society needs to be protected with accurate information on the deviant sexual activities of its people that go beyond what is considered acceptable in society. People in any locality need to have information on the type of characters living in that locality so that they can guide their children and protect themselves from the criminalities of such people. This is why all countries must have a Sex Offender’s Register that is easily accessible by the people electronically when they wish to check on the desirability of living with such people or employing them in their businesses and institutions. A special class of sexual offence must be reported in the Sex Offender’s Register to protect children by separating the tendency of a person to under-age sexual conduct from offences directed at adults through rape and adult predatory sex offence.
Heterosexual paedophilia and predatory sexual offence towards minors:
Until a girl comes of age (has reached menarche, that is having regular meins/periods) she is immature biologically and so is not ready for sex. This could be at the age of 14 but it could be younger, as I do hear about child mothers at even 12 years of age. Society however has to make an arbitrary cut-off point for age of consent for sexual intercourse. These laws vary widely:
Laws vary widely, and while most jurisdictions set the age of consent in the range 14 to 18, ages of consent as low as 12 and as high as 20 exist.
In the United Kingdom the cut-off point for age of consent is currently 16 years of age. I think that this is the correct age to set to be on the safe side. It should not be reduced to 15 despite the fact that 15 year olds are quite mature biologically to become see a pregnancy through to full term:
Pregnant teenagers face many of the same obstetrics issues as women in their 20s and 30s. There are however, additional medical concerns for mothers younger than 15. For mothers between 15 and 19, risks are associated more with socioeconomic factors than with the biological effects of age.
There are two aspects of female sexual and reproductive maturity to consider in the drafting of laws on under-age sexual crimes: one that applies up to the age of 13 (menarche begins at 12 years) and the girl is aware or is told by her parents of why she is losing blood from her vagina so that she begins to be educated into her sexuality and should be told of the dangers of associating with boys and men; and the other from 13 to 16 years of age when biological reproductive capacity becomes gradually fully developed but the girl has already become aware of her sexuality and of having sexual relations with the opposite sex. When considering the case for under 16 year old girls, for ages up to 13 the girl should be treated as a child to be totally protected by society whereas 13-16 year old girls can be treated as still immature for the act of sex but mature enough to know that they are reproductively different from boys and capable of becoming mothers so that they must be made aware of the need to avoid sexual activities and relations. This is to say that girls need to accept responsibility for their behaviour towards the opposite sex from the age of 13 and parental and teacher advice is crucial in ensuring that they are aware of the dangers of associating with boys and men.
Any adult who tries sexual intercourse with a girl who is not yet biologically mature (16 years of age) should be seen as committing attempted paedophilic rape and the person then labelled as a paeadophile to be punished by imprisonment just like the act of sex itself will be paedophilic rape whether or not it is solicited or encouraged by circumstances. Both paedophilic offenders names must be entered in the sex offenders register.
It is totally inappropriate to make any kind of intimate sexually-motivated advances towards a 13-16 year old girl unless the girl has invited that kind of attention. Thus, with regards to lesser than rape behaviour displaying intimacy such as touching, groping, kissing and fondling of young girls the law that applies to adult women should apply to under-age biologically immature girls above the age of 13, that is, the law has to judge whether the act was in any way solicited or encouraged by circumstances generated by the girl’s conduct. If it has not been solicited or encouraged, the act will have to be described as being of predatory nature towards minors, and the person then labelled as a predatory sex offender and his name entered in the sex offender’s register. The age of of 13 is needed to separate the charges because this girls are awakened of their sexual issues from the moment of the onset of menarche at 12 years of age and by 13 should have got used to their sexual role in the reproductive process. If the man was fondling a 13-16 year old girls or cajoling her without wishing to have sex, and the girl does not protest at this behaviour she should be seen in law as playing along with the sexual game between the two sexes. This means that she must feel instant revulsion to the point of demonstrating that she is resisting the oppression and within 24 hours report the matter as an act of improper sexual advances on her that made her feel uncomfortable. The man will then have to be charged with paedophilic indecent sexual conduct which will justify him being entered in the sex offender’s register as a predatory sex offender. This is to say that until she reports the man in this way he cannot be classed as a predatory sex offender because no offence has taken place in law.
Girls younger than 13 are too innocent of the ways of the world and need to be actively protected from improper sexual conduct with a minor by society making it strictily inappropriate for adults to handle them physically in any kind of a sexual manner of intimacy. This is because such acts leave a scar on the person throughout their lives from which they suffer and they are too young to be expected to understand what the man is getting up to. This is predatory paedophilic sex offence with paedophilic rape being its extreme manifestation and needs to be punished in a most severe way by law, which may include castration even on first offence of actual rape. The names must be entered into the Sex Offenders Register explicitly under such a category.
Thus, despite the fact that we know most 15 year old girls are quite capable of deciding for themselves whether to have sex with anyone they choose, the law should err on the side of safety and establish 16 as the official lawful age of consent everywhere in the world. And the ages of 13-16 should be considered the period when all girls should be aware of their responsiblities to report any paedophilic behaviour from boys or adults within a reasonable time limit, or else inappropriate behaviour would not have a basis for being investigated in law let along being proven to have taken place.
Rie, a poster at Secular Cafe (from Australia with 8993 posts) recalls on 20 October 2012 (412254/201): ‘’.. i must put a point of view here about underage girls say 14 years old or so. i taught at a school where the girls would skive off to the local garage and well, I guess they flirted with the guys there. black lace underwear etc. Now the thing is that young teenagers and even younger little girls do flirt with men … it’s a sweet thing to see… BUT never in a zillion years is it right to molest a child. Sex is meant to be a consensual act and if we are to be called caring in our attitudes to little children it’s clear that it is not consensual and I won’t degrade animals by saying that Sir Wotisname is an animal of the first order but we judge others by human standards and animals are way too innocent with each other to fall into human ‘animal’ behaviour’’. Certainly sex is meant to be a consensual act and what Rie describes as female flirtation from an age of fourteen is to be seen as an evolutionary feature of the development of awareness of sex between the sexes in preparation for the age when sex is seen as becomes a normal part of human functional behaviour (which is 16). The awareness of sex can only be a gradual process biologically: it is not a switch that turns itself on at the age of 16 in girls. If this is accepted why should society consider the two-way reciprocal flirtation between an under sixteen girl and boys of that age or older as being morally wrong (human animalistic on the part of the male) as long as sexual intercourse does not take place? In other words if a man responds with flirtation back to the under 16 year old girl, is that act to be equated with ‘molestation’ and the man thereby classed as a predatory sex offender, or simply normal sexual playfulness that is part of our biology that does not do any harm to anyone? Similarly, if the man initiates the flirtation with a 16 year old and the girl responds with flirtation back, will that a criminal offence on the part of the man? What when the two way flirtation operates simultaneously: who will then be to blame? Society needs to review these aspects and determine a sound basis for the criminalisation of under age sexual conduct.
For boys the same considerations apply on age of biological sexual maturity and awareness of sexual activity so that similar laws on paedophilia and predatory sex offence are justified.
Homosexual paedophilia and predatory sexual offence towards minors:
Indecent homosexual behaviour towards boys and girls should be banned under their biological maturity age of 16 whether or not anal sex is involved. Both with and without anal sex male advances on young boys up to the age of 16 should be criminalised as paedophilia and punished by imprisonment. Lesser crimes of a sexual nature such as sexual play of intimacy will have to determine the circumstances in deciding whether or not it constitutes predatory sex offence in which the boys and girls are being lured into serving a homosexual man as a sex toy. Both types of offences must be entered under separate categories in the Sex Offenders Register.
Ephebophilia:
Ephebophilia should be defined as a sexual preference in which an adult is primarily or exclusively sexually attracted to late pubescent adolescents of 16-19 years of age. This is not to be regarded as a criminal offence but treated as biologically natural. In other words, there is nothing morally wrong about an adult male wanting to have sex with a much younger person who is above the biologically mature age of 16.
Implications:
This paper questions at what age girls become mature enough, experienced enough, knowledgeable enough and powerful enough for it to be appropriate for them to solicit intimacy with boys and men? And at what age does it become appropriate for boys and men to return these affections? It is suggested that a 15 year old girl who falls in love with a school teacher and wishes to run off with him against society’s recommendation that she is not old enough to do so is thereby committing a criminal offence and she should be punished by the courts for this act. In this scenario I am referring to physical and emotional intimacy without sexual intercourse: if this couple even once embraced each other or kissed each other that should constitute the type of physical intimacy that is exploiting a child’s immaturity to decide for herself about her partnership with the opposite sex and therefore count as child molestation. Unless of course such behaviour with a 15 year old is permitted in law. Either it is morally and legally wrong for a 15 year old girl to fall in love with a 17 year old boy or it is not wrong. That is what society needs to consider. I quite see the need for banning sexual intercourse before the age of 16 in the same way that the UK prevents tobacco and alcohol sale to young people under 18, the higher age reflecting the fact that these products are proven to be damaging to health, unlike sex for the over 16 year olds. But to ban the association of young adolescents and adults by making friendly intimacy illegal is an inhuman imposition on the freedom of the human spirit to interact and learn from one another.
No one is vulnerable to anything: sex with an under 16 year old is illegal and defenceless; being amorous towards the other sex without sex is healthy and age is not important once the person is over 13 and stops being a child and has entered into her teens. If a person did not have sex with girls under the age of 16, and was merely amorous towards them, admiring their youth and beauty at their consent, cooperation and willingness, what harm is done to anyone? What will society lose from these acts? One could argue that it might be psychologically neutral on the girl or even beneficial to her to have such attention paid to her by an adult. If the girl was from a deprived background with bad parents such girls may tend to go after older men who they trust to give them emotional support that they lacked in a broken family home. So why should there be a taboo about adolescent girls and older men linking up if they avoid the act of sexual intercourse up to the age of 16 so that the important aspect of the law is obeyed? Surely, if young girls find comfort in an older man and are happier human beings by this association we should be happy for them, not take away their happiness. To argue otherwise would be a form of moralistic tyranny from those wishing to chart a moronic authoritarian future for humankind that harms young people from following their dreams.
I was asked by Beth, a poster at Secular Cafe: ‘if your wife emasculated you because she no longer aroused you, but this beautiful, nubile 15 year old hung on every word you said. She stroked your ego, made you feel young and important, and aroused; she then came onto you. You know she likely isn’t a virgin. She loves you. Would you “hit that”? My reply was: First, I would make it clear to the girl (and all adult women) that they are showing undue and unpleasant attention towards a committed and devoted married man who has been in a Full Marriage so that adultery is out of the question for him. Second, if I was unmarried, or in a Free Marriage where extra marital relationships were allowed, I would tell the 15 year-old that I was a law-abiding citizen and she should also be the same because that is how society maintains itself in a good state of law and order. She would then become educated that the law says that sex under the age of 16 is prohibited that is the bottom line. However, I would become friends with her at the same time as asking her to wait until she came of age before we engaged in sexual intercourse.
I also think it is crazy to have an age of consent as high as 18 that apparently exists in most of the states of the United States of America. People need to be set free as soon as possible after biological maturity to make their own minds on all matters, do what they want with their own bodies and so chart their own futures free of moralistic impositions. Sex with 16-18 year olds does not do any immediate or lasting harm to anyone so that there is no need for raising the age of consent to 18 in the United Kingdom. Girls of 16 must be available legally to enter into sexual relationships and marriages unless society wants to control the national and international birth rate due to concerns on planet’s overpopulation. But that is an entirely different consideration and needs to be put to the people in a referendum before it is implemented.
Thus, the age of consent should be 16 years before which humans are not always biologically-mature for sex and pregnancy. Under 16 sex should be strongly discouraged through education but over 16s year olds who influence younger kids into sex should be punished as engaging in predatory paedophilic activity.
Anonymity of the accuser:
With regard to the following report: http://www.itv.com/news/update/2013-05-09/nspcc-barristers-age-of-consent-view-beggars-belief/, the age of consent should remain at 16 but there should be an end to anonymous complaints as these work against justice. Neither the accuser nor the accused should remain anonymous if justice is to be served, for justice is the exposure of the truth in which the accused deserves to be interrogated not just by a presiding prosecutor, jury and judge but also by the wider society throughout the lifetime of the individual. Granting anonymity to the accuser facilitates malicious accusations of abuse.
Time limit for Complaints of Sexual Crimes:
In the interests of justice in terms of the practicality of assessing the specific circumstances of any crime as also the fact that the cultural mood of the people changes with time so that a jury today cannot be expected to know the prevailing customs of a bygone era when certain practices may have been accepted as normal behaviour and not considered harmful to society, there should be a time limit for the reporting and prosecution of all sexual crimes including underage sexual crimes of 18 years from the date of an incident. An 18 year old should be expected to know the law and behave in society in a mature manner so that any incident in his or her life should be reported and prosecuted in accordance with the evidence.
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First published in https://shantanup.wordpress.com October 13, 2012 - Posted by shantanup | Uncategorized | Edit