Posted: September 4th, 2022

An Opinion on Age Limits for People Having Consensual Sex

An Opinion on Age Limits for People Having Consensual Sex

Predominantly, the age at which a person can legally consent to sexual intercourse under any circumstance is termed “age of consent.” In the United States, most jurisdictions set the age of consent at 16(years) and some at 18(years). The United States Supreme Court held in “Esquivel-Quintana v. Sessions”, that sexual contact with an individual below 16 years is a sexual offense leading to criminal proceedings against the offender depending on the age of the offender.
The issue of sexual consent continues to be a matter of utmost contention in various jurisdictions. For instance, France recently considered changing the age of legal consent to 15 years; this is after two individuals were acquitted of a sexual offense in 2018. It’s prudent to note that 16 (years) is the age of consent in the United States, Europe, and far beyond. Conversely, there is a confusing global picture of the Sexual Offences Act and the legal age of sexual consent. Notably, countries like Saudi Arabia and Pakistan provide that one has to be married before they have sex and a unique case of Nigeria that allows consent at 11 and Japan at 13. To be shrewd, that age of consent is unthinkable in the eyes of a majority. Evidently, it is attributed to the customs, religion, and cultural practice of a state/community. It is crucial to consider the aspect of children and the law together with the best interest of a minor before consent.
In the United States, once a person of any age engages in sexual activity with a minor below 16, they are referred to as sexual offenders. Despite a controversy that most teenagers (almost half) in the United States engage in sexual activities by the age of 14. The information is research of the “Sexuality Information and Education Council of the United States (SEICUS).” I am firmly persuaded that the law on consent must be realistic and flexible to ensure young people are protected; this may also extend to religion and culture.
The House of Lords determined a case of a minor aged 15 years who was sentenced for engaging in sexual activities with a minor of 13 years, whom the offender believed to be 15 years of age. The prosecution adopted and confirmed that the girl had consented and stated that she was 15. That the boy also thought that the girl was 15 as well; nonetheless, both minors’ submissions did not offer a sufficient defense to the sexual offense (“Against the stream: Lowering the age of sexual consent,” n.d.). In light of this House of Lord’s decision, I believe that the age of consent should be absolute and statutorily provided to prevent sexual crimes. Notably, culture and lifestyle have to play a role in determining the age of consent.
In my evaluation, I am convinced that the existing law has influence and effect on minors’ sexual conduct. The research mentioned above by “Sexuality Information and Education Council of the United States (SEICUS)” between 2011 and 2013, deduces that American Females had full sexual intercourse before the age of 16 years- Further, there was no change in the previous law. Notably, the (SEICUS) study in sexual abstinence indicated law was partly the reason for abstaining sex. The law affects the minors, mostly girls, by giving them a reason not to consent or to consent as per the circumstance.
Alternatively, having the age of consent to be constant and defined (preferably 16) and in a statute has positive consequences to the community. Minors aged between 11 and 14 are not cognitively mentally and psychologically developed to establish the dangers of engaging in sexual activities. That allowing the law to set a defined age for sexual consent will have the minors brace themselves for what they deem right in terms of sexual interactions. It is necessary and vital to integrate the provisions of religion and the law in determining the right age. This is to protect the interests of a community and to prevent such parties from suffering prejudice.
An example being the Islamic community. Providing clear and precise guidelines for the age of consent will brace the minor for what to expect and its consequences. With the current provisions of the law, I am firmly convinced that a minor’s consent is no consent before the law’s face.
The dissenting opinion in Kennedy v. Louisiana (2008), (Supreme Court of the United States) indicated a critical point in the age of consent. That many minors in modern-day reach the maturity level faster due to the nature of the environment and upbringing, the internet, and social media information consumed together with interaction with peers (Richards, 2018). Further, the Judge decreed that minors may develop control over their bodies due to the reason mentioned earlier, which includes consent to sex.
My logical emphasis will be on minors who freely and voluntarily enter into relationships with other minors and develop emotional connections. That such minors who have established relationships also have the freedom to consent when it comes to sex or engage in sexual activities. Summarily, the issue of the age of consent is emotive, and it will prevail as time goes. Still, importantly, a person’s consent must be accompanied by a reasonable age and nature of relationship thereto.

References
Against the stream: Lowering the age of sexual consent. (n.d.). PubMed Central (PMC). https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6436061/

Richards, M. (2018, April 4). Why the age of sexual consent continues to be a worldwide challenge. The Conversation. https://theconversation.com/why-the-age-of-sexual-consent-continues-to-be-a-worldwide-challenge-94334

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