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Encyclopedia > Age of consent reform

Age of consent reform refers to efforts meant to change age of consent laws. These efforts vary greatly in intensity and popularity, and take five main forms: This article or section does not cite its references or sources. ...

  • Legislation for close-in-age exemptions to age of consent laws.
  • Advocacy to change the way age of consent laws are examined in court.
  • Advocacy to raise ages of consent, or increase penalties for violation of these laws, or both.
  • Advocacy to lower ages of consent, or decrease penalties for violation of these laws, or both.
  • Advocacy to abolish age of consent laws(not covered by this article). Some abolitionists advocate lowering of ages as a temporary practical expedient.

Contents

Close-in-age exemptions

Main article: Age of consent

In some jurisdictions, legislators have included an exemption to age of consent laws to take account of varying circumstances such as sex between; This article or section does not cite its references or sources. ...

  • a minor under the age of consent and a much older person,
  • a minor under the age of consent and a person of the same age or older by only a small amount, whether or not under the age of consent, and
  • a minor under the age of consent and another minor under the age of consent.

A number of jurisdictions have adopted close-in-age exemptions in recent decades. See ages of consent legislation for examples. This article or section does not cite its references or sources. ...


In a typical jurisdiction with close-in-age exemptions, sexual intercourse between (for example) a 14-year-old and a 21-year-old might be a criminal offense on the latter's part, while sexual intercourse between (for example) two 14-year-olds would not constitute a criminal offense by either party.


Close-in-age exemptions may apply to lower ages as well. In 1976, the British National Council for Civil Liberties published a report presented to the Criminal Law Revision Committee, proposing – among other things – “a minimum age of 10 in circumstances where both partners were over 10 but below 14”. Additionally, “where only one partner was in this age bracket, real proof of consent would be required”, and also “an overlap of two years on either side of 14 was proposed to achieve legal flexibility, such that 12-16 year olds could legally have sex”.[1][2][3] [4] Liberty is a pressure group based in the United Kingdom. ... The Criminal Law Revision Committee of England & Wales is a standing committee of learned legal experts that may be called upon by the Home Secretary to advise on legal issues and to report back recommendations for reform. ...


Initiatives to change legal procedures

A shift in the burden of proof

In September 1974, the United Kingdom’s Sexual Law Reform Society proposed a system in which the age of consent would be replaced with what was called an “age of protection” – if not for all ages below the age of majority (18), then at least for the ages between 14 and 18, in combination with an age of consent of 14. People below this “age of protection” (if totally replacing the age of consent) – or between a lower age of consent and this age of protection – would be subject “to a context in which the onus of proof that valid consent existed would lie with the older partner”. [5] [6] Age of Majority is the threshold of adulthood as it is conceptualised in law. ...


The conclusive presumption (or statutory presumption) that a minor below the age of consent lacks the capacity to freely consent despite any evidence to the contrary was regarded by the British society as a “legal fiction[7] This view would be replaced by a rebuttable presumption, where proof of actual consent could be a defense, on a case by case basis. [8] A conclusive presumption (also known as an irrebuttable presumption) in English law is an presumption of law that cannot rebutted by evidence and must be taken to be the case whatever the evidence to the contrary. ... Capacity may mean one of the following: Capacity, when used with the mathematics meaning, is another word for volume Legal capacity refers to the legal ability to engage in certain acts, such as making a contract Cranial capacity is a measure of the volume of the interior of the skull... In the common law, legal fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ... In law, a rebuttable presumption is an assumption that is made that will stand as a fact unless someone comes forward to contest it and prove otherwise. ...


A similar proposal was recommended in May 1974 by the UK’s Campaign for Homosexual Equality (CHE). The CHE’s Working Party on Law Reform suggested a basic age of consent of 16, but 12 “in cases where a defendant could prove the existence of meaningful consent”. [9][10]


This shift in the burden of proof exists today in Uruguay, for ages between 12 and 15. [11]


Initiatives to raise ages of consent

Legislative initiatives to raise the age of consent have been considered or enacted in Georgia (USA)[12], in Canada[13][14], in Kerala (India)[15], and in other jurisdictions[citation needed].


Kerala, India

In January 2004, a Division bench of the Kerala's High Court in Southern India suggested that the age of consent should be raised from 16 to 18 in that state. Justice R. Basant said he considered “illogic(al)” that a legal system in which an age of 18 is used for other purposes – like the Indian Majority Act, the Contract Act, the Juvenile Justice Act, the Child Marriage Restraint Act and the Representation of People Act – has a different approach in the case of sexual consent. There are very few or no other articles that link to this one. ...   (IPA: ; , Written as േകരളം in the native language Malayalam) is a state on the Western Coast of south-western India. ... Photograph of High Court complex from outside High Court of Kerala is the highest Court in the State of Kerala and in the Union Territory of Lakshadweep. ... The Juvenile Justice Act 1986 is the primary legal framework for juvenile justice in India. ... There are very few or no other articles that link to this one. ...


Georgia, USA

In June 2005, a bill was proposed before the General Assembly of Georgia (USA) to raise the age of consent from 16 to 18.[16] The proposal is still being analyzed by local politicians. [17] The 2005 regular session of the 148th Georgia General Assembly met from January 10, 2005, to March 31, 2005, at which time both houses adjourned sine die. ...


Canada

In June 2006, the Canadian government proposed a bill to raise the age of consent from 14 to 16, while creating a near-age exemption for sex between 14-15 year olds and partners up to 5 years older, and keeping an existing near-age clause for sex between 12-13 year olds and partners up to 2 years older. The initiative also maintains a temporary exception for already existing marriages between 14-15 year olds and partners 6 or more years older, but forbids new marriages like these in the future.[18]


Former Toronto police officer Paul Gillespie said the bill would give police "more tools" in the battle against Internet predators. [19] The alleged intention of the bill is to target “sexual predators” and pimps, although no legal distinction is made to differentiate them from older partners engaged or interested in non-exploitative relationships, or to distinguish between sexual harassment (mainly through the Internet) and normal approaches (generally in the physical world). A sexual predator is a person who obtains sex in a predatory manner. ... Sexual harassment is harassment or unwelcome attention of a sexual nature. ...


Criticism

This proposal has received criticism from different organizations and individuals. Andrea Cohen of the pro-choice Canadian Federation of Sexual Health (formerly Planned Parenthood) said the organization believes the legislation does nothing to keep youth from harm. “What it will do is infringe upon the rights of youth in terms of their ability to make decisions on their own sexuality", affirmed Cohen on TV.[20] Sue Barnes, a former lawyer and currently a Canadian MP, who is the Official Opposition critic of the Liberal Party of Canada for the Minister of Justice, said that age of consent is not an issue that particularly irritate her voters. Gay rights activists also criticized the bill, because it does not address the issue of equality, maintaining the present age of consent of 18 for homosexual sex. Hilary Cook, spokeswoman for gay rights group Egale believes the bill is “an attempt to score partisan points”.[21] Spontaneous: Miscarriage Law and society Abortion by country Conscience · Buffer zones Minors · Paternal rights Abortion case law: R v Davidson R. v. ... The International Planned Parenthood Federation [1] is a global not for profit organization (or charity) with the broad aims of promoting sexual/reproductive health, and advocating the right of individuals to make their own choices in this area. ... The Honourable Susan Barnes, PC, MP, BA, LLB (born September 8, 1952 in Rabat, Malta) is a Canadian politician. ... 38th Parliament Members of the House of Commons in the 38th Parliament of Canada, as of May 17, 2005. ... The outgoing Official Opposition Shadow Cabinet is listed below. ... The Liberal Party of Canada (French: ), colloquially known as the Grits (originally Clear Grits), is a Canadian federal political party. ... The Minister of Justice (French: Ministre de la Justice) of Canada is the minister in the Cabinet of Canada who is responsible for the Department of Justice and is also Attorney General of Canada. ... The gay rights movement is a collection of loosely aligned civil rights groups, human rights groups, support groups and political activists seeking acceptance, tolerance and equality for non-heterosexual, (homosexual, bisexual), and transgender people - despite the fact that it is typically referred to as the gay rights movement, members also... Egale Canada was founded in 1986 to advance equality for Canadian lesbian, gay, bisexual and transgendered people and their families, across Canada. ...


Lowering age of consent

Lowering the age of consent is a controversial topic, with many arguments on all sides. Both adults and minors are actively involved in discussing and promoting their viewpoints on this topic.


Arguments for lowering age of consent

Abolitionists argue that the state grants freedom of religion (or even of non-religion) to all, and that religious principles should not be imposed by the state through the law, and that the issue of consent should be left to individual choice or at least to parental consent. They also state that: The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... Choice consists of that mental process of thinking involved with the process of judging the merits of multiple options and selecting one for action. ... Parental consent laws (also known as parental involvement or parental notification laws) in some countries require that one or more parents consent to or be notified before their minor child can legally engage in certain activities. ...

  • the concept of deviance varies from person to person, according to his personality, opinion, culture, or worldview;
  • consensual sex is inherently not deviant, especially when there is love or a romantic relationship;
  • the state should grant freedom of choice to all and not interfere in consensual relations, especially when there is parental consent;
  • laws on child protection are already enforced, such as laws on drinking age and driving age;
  • teen pregnancy is not avoided through statutory rape laws and can be reduced by other means;
  • the state should not overprotect children against their own desires at the cost of sending their loving partners to jail when there is consent

Another opinion is that in the case of most other arbitrary age limits, which have minor penalties, in this case someone can go to prison, so that law should treat cases individually in order to be fair. Some also believe that raising the age of consent increases child prostitution and is in the interests of those who profit from it. The argument is that the demand for sex with those of lower ages would be supplied by illegal child prostitution and child pornography, and also would generate a greater number of hidden relationships. Additionally, it is argued that laws can distinguish between cases of prostitution and non-commercial dates or relationships, punishing clients of prostitutes in a separate clause, as well as pimps and even parents.[22] In psychology, personality is a description of consistent emotional, thought, and behavior patterns in a person. ... This article does not cite its references or sources. ... Culture (from the Latin cultura stemming from colere, meaning to cultivate), generally refers to patterns of human activity and the symbolic structures that give such activity significance. ... Worldview is Chicago Public Radios daily international-affairs radio show, hosted by Jerome McDonnell. ... Romantic love is a form of love that is often regarded as different from mere needs driven by sexual desire, or lust. ... Freedom of Choice is the third album by New Wave musicians Devo, released in 1980 (see 1980 in music). ... Many nations have a legal drinking age, or the minimum age one must be to drink alcohol. ... Teenage pregnancy refers to the controversial social issue of teenage girls getting pregnant. ... Child pornography refers to pornography depicting minors. ... A pimp finds and manages clients for a prostitute and engages them in prostitution (in brothels in most cases and some cases street prostitution) in order to profit from their earnings. ...


Criticism of lowering or abolishing age of consent

Most child protection groups strongly oppose the abolition of age of consent laws, saying that although an average age for everyone may be unfair for some, all age limits contain a certain degree of arbitrariness. Many police officers argue that it is more expedient for them when age boundaries are defined and they can identify suspects quickly and arrest alleged child abusers. Many religious people argue that age of consent laws should be influenced by moral principles, and that adolescents and children should not be allowed the chance to engage in sexual relations (especially with older partners) until they reach what they deem as a proper age. Currently, all defendants in statutory rape cases in the US have the right to an attorney, to speak in court, to a fair defense, to present mitigating circumstances, to a fair trial, and to appeal. Therefore, some argue that these age-of-consent laws show a community consensus about these moral principles. Image File history File links Broom_icon. ... Fair may refer to: A fair, a type of market, carnival or fête. ... Choices and actions are considered to be arbitrary when they are done not by means of any underlying principle or logic, but by whim or some decidedly illogical formula. ... For the band, see The Police. ... This expression extenuating circumstances is used in law with reference to crimes, to describe cases in which, though an offence has been committed without legal justification or excuse, its gravity, from the point of view of punishment or moral opprobrium, is mitigated or reduced by reason of the facts leading... It has been suggested that Mandate (law) be merged into this article or section. ...


Some believe the state should grant children special protection against behaviors deemed as deviant, and make all efforts to avoid teen pregnancy. They state that children are influenced by the examples given by other children, so that in order to protect all children the families of other children should not be able to give legal consent to sexual relations, especially with older partners, and avoid giving their children too much freedom. Another argument against lowering the age of consent is that it would increase child prostitution, arguing that prostitutes theoretically give their consent to sexual relations (and therefore their clients would be acquitted of any charges), and also that poor parents would be more willing to 'sell' their children to prostitution. In radio, frequency deviation is the result of frequency modulation. ... Teenage pregnancy refers to the controversial social issue of teenage girls getting pregnant. ... Look up Example in Wiktionary, the free dictionary. ... This article or section does not cite its references or sources. ... The Optional protocol on the sale of children, child prostitution and child pornography to the Convention on the Rights of the Child states that the prostitution of children or child prostitution is the practice whereby a child is used by others for sexual activities in return for remuneration or any...


Initiatives to lower or abolish ages of consent

Youth rights activists

Americans for a Society Free from Age Restrictions (ASFAR) is an advocacy group which promotes the removal of all age-based restrictions and protections, including age-of-consent laws. This organization contends that people mature differently and that individuals should be treated on a case-by-case basis, similar to what courts do when determining if an individual is in possession of all his faculties and able to give informed consent. Americans for a Society Free from Age Restrictions (ASFAR) is an organization dedicated to protecting and advancing the legal civil rights of youth. ASFAR is an organization within the youth rights movement, which moves to increase rights and privileges for youths in a manner equal to those held by the... Informed consent is a legal condition whereby a person can be said to have given consent based upon an appreciation and understanding of the facts and implications of an action. ...


The ASFAR’s Declaration of Principles (item 9.4), states that:

"Laws invalidating sexual consent purely on the basis of age should be repealed. ASFAR also supports initiatives to clarify the legal definition of rape to distinguish between informed and uninformed consent, where uninformed consent must be established in a court of law and not on the arbitrary basis of age"[23]

Informed consent is a legal condition whereby a person can be said to have given consent based upon an appreciation and understanding of the facts and implications of an action. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ...

Pedophile activism

Main article: Pedophile activism

Some pedophile activists argue that at least some prepubescent children are able to give actual consent to sexual acts, and that adult-child sex does not necessarily involve child sexual abuse. They defend the abolition of age of consent laws, or their progressive reduction until ages below puberty.[citation needed] The pedophile activist movement, referred to by some supporters as the childlove movement, is a social movement that encompasses a wide variety of views. ... The pedophile activist movement, referred to by some supporters as the childlove movement, is a social movement that encompasses a wide variety of views. ... Sexual behavior is a form of physical intimacy that may be directed to reproduction (one possible goal of sexual intercourse) and/or to the enjoyment of activity involving sexual gratification. ... The examples and perspective in this article or section may not represent a worldwide view. ...


On May 31, 2006, the Party for Charity, Freedom and Diversity (PNVD) was founded in the Netherlands, and presented a platform that includes the eventual abolition of age of consent laws. PNVD agrees that cases involving violent rape or coercion should be punished by law. May 31 is the 151st day of the year in the Gregorian calendar (152nd in leap years), with 214 days remaining. ... For the Manfred Mann album, see 2006 (album). ... Partij voor Naastenliefde, Vrijheid & Diversiteit (Party for Neighborly Love, Freedom, and Diversity) is a Dutch political party. ... Coercion is the practice of compelling a person to act by employing threat of harm (usually physical force, sometimes other forms of harm). ...


PNVD is also seen as the political arm of Vereniging MARTIJN, a Dutch pedophile organization. Marthijn Uittenbogaard, chairman of PNVD, is the current treasurer of Vereniging MARTIJN, and other party members have identified as pedophiles.[citation needed] MARTIJN is a Dutch association for the acceptance of pedophilia. ...


French intellectuals' manifestations against age of consent laws

1977-1979 petitions

In 1977, while a reform in the French penal code was under discussion in the parliament, a petition was addressed to the parliament calling for the abrogation of several articles of the age-of-consent law and the decriminalization of all consented relations between adults and minors below the age of fifteen[24][25] (the age of consent in France). The document was signed by the philosophers Michel Foucault, Jacques DerridaEnglish citation requested and Louis AlthusserEnglish citation requested and the pediatrician and child psychoanalyst Françoise Dolto and also by people belonging to a wide range of political positions.[26] Between 1977 and 1979, while a change in the French Penal Code was under discussion in the Parliament, a number of French intellectuals, including prominent names, signed petitions and open letters defending either the abolition of age of consent laws or the release of individuals arrested under charges of statutory... The term minor (from Latin smaller, lesser) may refer to: In Education minor, a secondary focus of a Bachelors degree, the primary focus being a major. ... This article is 58 kilobytes or more in size. ... Michel Foucault (IPA pronunciation: ; English-speakers pronunciation varies) (October 15, 1926 – June 25, 1984) was a French philosopher and historian. ... Jacques Derrida (July 15, 1930 – October 8, 2004) was an Algerian-born French philosopher, known as the founder of deconstruction. ... Louis Pierre Althusser (Pronunciation: altuË¡seʁ) (October 16, 1918 - October 23, 1990) was a Marxist philosopher. ... Pediatrics (also spelled paediatrics) is the branch of medicine that deals with the medical care of infants, children, and adolescents (from newborn to age 16-21, depending on the country). ... Psychoanalysis is a family of psychological theories and methods based on the work of Sigmund Freud. ... Françoise Dolto (1908–1988), was a French doctor and psychoanalyst, famous for her search on childhood. ...


Additionally, two open letters were published in French newspapers, asking for the release of specific prisoners with charges of statutory rape - the first one [27] in Le Monde (January, 1977), signed by 69 people, and the second [28] in Libération (March, 1979), signed by 63 people. Le Monde is also the name of a song by the Thievery Corporation. ... Libération (affectionately known as Libé) is a French newspaper founded in Paris in 1973 by Jean-Paul Sartre, Pierre Victor alias Benny Lévy and Serge July in the wake of the protest movements of May 1968. ...


1978 radio conversation

On April 4, 1978, an extensive conversation detailing the reasons for their pro-abolition positions was broadcast by radio France Culture in the program "Dialogues". The participants, Michel Foucault, play-writer/actor Jean Danet and novelist/gay activist Guy Hocquenghem had all signed the 1977 petition addressed to the Parliament. Sexual Morality and the Law is the transcription of a 1978 radio conversation in Paris between philosopher Michel Foucault, playwright/actor/lawyer Jean Danet and novelist/gay activist Guy Hocquenghem, discussing the abolition of age of consent laws in France. ... April 4 is the 94th day of the year in the Gregorian calendar (95th in leap years). ... 1978 (MCMLXXVIII) was a common year starting on Sunday. ... France Culture is a French public radio station devoted to cultural matters. ... Guy Hocquenghem was born in the suburbs of Paris in 1944 and was educated at the Ecole Normale Supérieure. ...


British manifestations to lower the age of consent

Since the 1970s, a number of actions took place in Britain in favor of lowering the age of consent, either on the grounds of claims for children’s rights, gay liberation, or, more recently, “as a means to avoid unwanted pregnancies, sexually transmitted infections (STI’s) and ‘bad sex’ via education and health promotion”.[29] Since the 1970s, a number of manifestations took place in Britain in favor of lowering the age of consent, either on the grounds of claims for children’s rights, gay liberationism or, more recently, “as a means to avoid unwanted pregnancies, sexually transmitted infections (STI’s) and ‘bad sex’ via...


Sociologist Matthew Waites, author of The age of Consent – Young People, Sexuality and Citizenship, observed that:


“By the mid-1970s the case for a lower minimum age for all was finding wider support, with questions being posed concerning the merits of lowering the legal age for male/female sexual behaviour – not only within grassroots sexual movements, but also within religious organisations and liberal intellectual circles.[30]


(…)[Contemporarily,] “significant sections of liberal opinion in the political mainstream, including prominent campaigners for children’s interests and sexual health, support at least some selective decriminalization of sexual activity between young people under 16”.(…) More generally in academic work, particularly in sociology, writing on sexuality from various perspectives has questioned the extent of prohibitions on sexual activity involving children. [31]


The modern Communist Party of Great Britain lists among its immediate demands "the abolition of age-of-consent laws."[32]


Authors

  • John Holt

John Holt, an American teacher and author of Escape from Childhood – The Needs and Rights of Children, believes that “all people, including young people, should have the right to control their own private sex lives and acts”. He considers that “it is not the proper business of the state or government to pry into such matters”. While defending that children should be given the same rights and citizenship of adults, he observes that until this happens and unless children are legally emancipated, parents should at least be able to forbid their children to have sex at (their) home. John Caldwell Holt (April 14, 1923 - September 14, 1985) was an American author and educator, one of the best known proponents of homeschooling, and a pioneer in youth rights theory. ... Citizenship is membership in a political community (originally a city or town but now usually a country) and carries with it rights to political participation; a person having such membership is a citizen. ... Emancipation of minors is a legal mechanism through which a person below the age of majority gains certain civil rights, generally identical to those of adults. ...


Holt refutes the concept of child innocence: Innocence is a term that describes the lack of guilt of an individual, with respect to a crime. ...


“Many of us (…) still believe and need to believe that children are ‘innocent’ and ‘pure’, that is, asexual, untainted by sexual thoughts, feelings or urges. There is increasing evidence that this is not true even of very young children, and it is certainly not true of children much past the age of ten or eleven”.


He sees laws on age of consent as unfair and morally wrong, and firmly opposes them: Morality refers to the concept of human ethics which pertains to matters of good and evil — also referred to as right or wrong — used within three contexts: individual conscience; systems of principles and judgments — sometimes called moral values —shared within a cultural, religious, secular or philosophical community; and codes of...


“For the state to deprive someone of liberty by putting him in prison is a most serious act. (…) It can only be justified by the most weighty cause, that the prisoner did real harm to others. But to make the act of sex, the mutual giving and receiving of pleasure, the excuse for putting someone in prison seems both mistaken and morally wrong”. This article or section does not cite its references or sources. ... Harm can be defined as causing physical or psychological/emotional damage or injury to a person, animal or other entity. ... Pleasure is a positive sensation, which by analogy to pain, can be physiologically described as either peripheral or central (euphoria). ...


Judith Levine


Judith Levine, an American journalist and author of Harmful to Minors: The Perils of Protecting Children from Sex, is against the legal regulation of children’s involvement in sexual activities. The thrust of her argument is towards abolition: Judith Levine (born 1952) is a noted author and civil libertarian. ... Harmful to Minors: The Perils of Protecting Children From Sex (ISBN 0-8166-4006-8) is a controversial book by Judith Levine that was published in 2002 with a foreword by former United States Surgeon General Joycelyn Elders. ...


“Legally designating a class of people categorically unable to consent to sexual relations is not the best way to protect children… Criminal law which must draw unambiguous lines, is not the proper place to adjudicate family conflicts over youngsters sexuality”. [33]


Levine suggests that, if such laws are to exist, an appropriate model would be the legal framework that existed in the Netherlands during the 1990s, now abolished, which required a complaint from a parent or other authority to pursue a prosecution where 12-15 year olds were involved. [34] [35] [36]


Miranda Sawyer


British journalist Miranda Sawyer maintains that the age of consent should be lowered to 12 in the United Kingdom, arguing that the criminalization of all sexual activity for ages under 16 is “laughably unrealistic”.[37][38] Her background is in journalism on music and youth culture, and, according to author Matthew Waites, she can be seen as someone who “subscribes to a version of feminism” that emphasizes women’s autonomy instead of protection.[39] She observes that “we have sexual feelings from a very early age” and regards sex as a “natural behavior”.[40] The introduction to this article provides insufficient context for those unfamiliar with the subject matter. ... Feminism is a collection of social theories, political movements, and moral philosophies largely motivated by or concerned with the liberation of women. ... Look up autonomy, autonomous in Wiktionary, the free dictionary. ...


Polls

Channel 4, UK

On November 16, 2003 Channel 4 broadcast a programme; "Sex Before 16: Why the Law is Failing"[41] and afterwards conducted a phone poll of its viewers in the United Kingdom[42]. November 16 is the 320th day of the year (321st in leap years) in the Gregorian Calendar, with 45 days remaining. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... It has been suggested that Channel Four Television Corporation be merged into this article or section. ... Statistical surveys are used to collect quantitative information about items in a population. ...


Of the 3366 respondents to the four options;

  • 34% thought the age of consent should be reduced to 14
  • 35% thought it should stay at 16
  • 13% thought it should be raised to 18
  • 18% thought it should be abolished

See also

The examples and perspective in this article or section may not represent a worldwide view. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ... Americans for a Society Free from Age Restrictions (ASFAR) is an organization dedicated to protecting and advancing the legal civil rights of youth. ... Manifestations Slavery · Racial profiling Hate speech · Hate crime Lynching · Gay bashing Genocide · Holocaust Ethnocide · Ethnic cleansing Pogrom · Race war Religious persecution Movements Discriminatory Aryanism · Neo-Nazism White/Black supremacy Hate groups · Kahanism Anti-discriminatory Abolitionism Womens/Universal suffrage Civil rights · Gay rights Childrens rights · Youth rights Groups NAACP... Child sexuality refers to sexual feelings, behavior and development in children. ... The page documents the history of pedophile activism. ... Michel Foucault (IPA pronunciation: ; English-speakers pronunciation varies) (October 15, 1926 – June 25, 1984) was a French philosopher and historian. ... Sexual Morality and the Law is the transcription of a 1978 radio conversation in Paris between philosopher Michel Foucault, playwright/actor/lawyer Jean Danet and novelist/gay activist Guy Hocquenghem, discussing the abolition of age of consent laws in France. ... Between 1977 and 1979, while a change in the French Penal Code was under discussion in the Parliament, a number of French intellectuals, including prominent names, signed petitions and open letters defending either the abolition of age of consent laws or the release of individuals arrested under charges of statutory...

References

  1. ^ Waites, Matthew (2005, p.135-136). The age of consent – Young people, Sexuality and Citizenship. New York/London: Palgrave MacMillan. ISBN-13: 978-1-4039-2173-4. ISBN-10: 1-4039-2173-3.
  2. ^ The author Matthew Waites does not specify if this same rule would also apply to sex between 10-14 year olds, 11-15 year olds, and 13-17 year olds.
  3. ^ Sexual Offences: Evidence to the Criminal Law Revision Committee, NCCL report no. 13, February 1976, p.6 (London: National Council for Civil Liberties).
  4. ^ The General Secretary of NCCL at the time of the report’s publication was Patricia Hewitt, formerly (2001-2005) Secretary of State for Trade and Industry, and Minister for Women and presently Secretary of State for Health, both under Tony Blair’s government. Harriet Harman, Solicitor General in the Tony Blair Administration, also worked for the NCCL.
  5. ^ WAITES, Matthew (2005, op.cit., p.132).
  6. ^ Sexual Law Reform Society, 1974. Report of the Working Party on the Law in Relation to Sexual Behaviour. “in” Antony Grey papers, file 2/1, at Hall Carpenter Archive, British Library of Political and Economic Sciences, London.
  7. ^ GREY, A. (1997, p.45). Speaking Out: Writings on Sex, Law, Politics and Society 1954-1995 (London: Cassell). Cited by Waites, Matthew (op.cit., p.132).
  8. ^ Unlike the conclusive presumption of statutory rape laws, in most other criminal cases the presumption of innocence places a legal burden upon the prosecution to prove all elements of the offense (generally beyond a resonable doubt) and to disprove all the defenses. In a rebuttable presumption scenario, by contrast, the burden of proof is placed upon the accused, who has then to prove his innocence.
  9. ^ WAITES, Matthew (2005, op.cit., pp. 132 and 243, Note 6.6)
  10. ^ Gay News, no. 46, 9 May 1974, p.3 – ‘CHE Report angers reformers’.
  11. ^ Source: Uruguayan Penal Code (in Spanish), articles 272, 1, and 267. See also Ages of consent in South America.
  12. ^ http://www.legis.state.ga.us/legis/2005_06/fulltext/hb722.htm
  13. ^ http://www.foxnews.com/story/0,2933,200691,00.html?sPage=specialsections.foxnews/lawcenter
  14. ^ http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060622/age_consent_060622/20060622?hub=CTVNewsAt11
  15. ^ http://www.asiansexgazette.com/asg/south_asia/southasia03news67.htm
  16. ^ The House Bill #722 was presented by Representatives Forster (3rd District), Rice (51st District), Cooper (41st District), Randall (138th) and Walker (107th), among others. See http://www.legis.state.ga.us/legis/2005_06/fulltext/hb722.htm
  17. ^ http://www.legis.ga.gov/legis/2005_06/search/hb722.htm
  18. ^ http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060623/age_consent_faq_060623/20060623/
  19. ^ http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060623/age_consent_faq_060623/20060623/
  20. ^ She talked on CTV Newsnet's “Mike Duffy Live”. Source: http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060622/age_consent_060622/20060623/ .
  21. ^ http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060622/age_consent_060622/20060623/
  22. ^ In Brazil, for example, where age of consent is 14, parents can lose their power as legal guardians and establishments have mandatorily their licenses invalidated in cases of child prostitution. See Brazil’s Children and Adolescents Statute (in Portuguese) – articles 244-A (child prostitution), 238 (selling of children), 129 – clause X (lose of power as legal guardian).
  23. ^ http://www.asfar.org/declaration/
  24. ^ http://www.decadi.com/dignaction/Fpetit.html
  25. ^ Foucault, Hocquenghem and Danet are referenced several times as petitioners in the Michel Foucault’s text “Sexual Morality and the Law” (see online version in English). The name of Françoise Dolto and the term “people belonging to a wide range of political positions” are mentioned on page 273 of the same text (see also the online version). The names of philosophers Jacques Derrida, Louis Althusser and André Glucksmann comes from the Dignaction.org website (in French).
  26. ^ http://www.decadi.com/dignaction/Fpetit.html
  27. ^ http://www.ipce.info/ipceweb/Library/00aug29b1_from_1977.htm
  28. ^ http://www.decadi.com/dignaction/Fpetit.html (French)
  29. ^ Waites, Matthew. The Age of Consent – Young People, Sexuality and Citizenship (2005, op.cit., pp. 122 and 220).
  30. ^ Waites, Matthew (2005, op.cit., pp. 132-133).
  31. ^ Waites, Matthew (2005, p.220).
  32. ^ http://www.cpgb.org.uk/documents/cpgb/prog_demands.html
  33. ^ LEVINE, Judith. Harmful to Minors: The Perils of Protecting Children from Sex, p. 88. Minneapolis: 2002. University of Minnesota Press. ISBN 0-8166-4006-8.
  34. ^ WAITES, Matthews. The age of consent – Young people, Sexuality and Citizenship, p. 221. New York: 2005. Palgrave MacMillan. ISBN 1-4039-2173-3.
  35. ^ LEVINE, Judith (op. cit.), p. 89.
  36. ^ A similar model exists today in Brazil, where a complaint from a parent is necessary to prosecute cases where the minor is above the age of consent (14) but below the age of majority (18) (source: articles 218 and 225 of the Brazilian Penal Code - in Portuguese).
  37. ^ She stated her position in the UK’s Channel Four documentary Sex before 16: Why the Law is Failing (16 November 2003, 9-10 p.m.).
  38. ^ SAWYER, Miranda. Newspaper article – ‘Sex is not Just for Grown-Ups’, The Observer, 2 November 2003, Review section, pp.1-2.
  39. ^ WAITES, Matthew (2005, op.cit., p. 221-222)
  40. ^ SAWYER, Miranda. ‘Sex is not Just for Grown-Ups’ (op. cit.), p. 2.
  41. ^ http://www.channel4.com/health/microsites/A/adultat14/links/credits.shtml
  42. ^ http://www.channel4.com/health/microsites/A/adultat14/consent/aoc_vote.shtml

Patricia Hope Hewitt M.P. (born 22 December 1948) British politician. ... For other people of the same name, see Tony Blair (disambiguation) Anthony Charles Lynton Blair (born 6 May 1953)[1] is the Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service, Leader of the UK Labour Party, and Member of the UK Parliament... Harriet Ruth Harman QC, MP (born July 30, 1950, London) is a British Solicitor and Labour politician. ... Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ... Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ... The ages of consent for sexual activity vary by jurisdiction across South America. ... CTV Newsnet is a Canadian 24-hour headline news cable television channel which went onair on October 17, 1997. ... Michael D. (Mike) Duffy (born 1946 in Charlottetown, Prince Edward Island) is a Canadian television journalist. ... The ages of consent for sexual activity vary by jurisdiction across South America. ... A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. ...

Further reading

  • University of Minnesota – Dept. of Communications Studies – Detailed summary of the whole book “Politics, Philosophy, Culture”, chapter by chapter, including a summary in 9 paragraphs of Chapter 16, “Sexual Morality and the Law”.
  • HOLT, John. Escape from Childhood – The Needs and Rights of Children. E.P. Dutton & Co., Inc.: New York, 1974; Clarke, Irwin & Company Ltd., Toronto/Vancouver, 1974. ISBN 0-525-09955-7

 
 

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