You're right. Both groups are protected the same way . . . by laws making it illegal to have sex with them.
To be more clear, what I should have said was that they can be protected under the same law and statutory rape is problematic in that it is redundant and reaches beyond those who victimize others.
Guilt is based on age because the ability to give informed consent is based on age. I can't believe you weren't able to follow through this one very simple step of logic.
That's the legal status quo with an ad hominem implication, not an argument. I'm saying the law should be changed on how to establish consent.
There's no appropriate concrete age according to whom? You? And you acquired your child psychology degree where?
It's extremely obvious, actually. No two 14-year-olds are exactly alike and a small number of them are more mature than the average 18-year old.
The law sets arbitrary blanket limits based on probability because it doesn't have the ability to finetune on a case-by-case basis.
What makes you think it lacks that ability? Isn't that what judges and juries combined with expert witnesses are for?
Usually when it tries, it creates a colossal mess.
Example please.
Beyond a certain point, the minute, case-by-case judgement of whether or not a crime has happened has to be left to the people filing the criminal complaint or not. But that doesn't mean that the law shouldn't view adolescents as vulnerable and potential victims needing protection. As you so eloquently but erroneously pointed out, physical maturity doesn't equal mental and emotional maturity.
I appreciate the partial compliment here, but the people filing are extremely biased. A daughter can protest her parents trying to destroy the life of the fiend who "stole their daughters childhood," (which they are unaware had already passed). But even if she did consent and fully understood her actions - if she's not 18 it's irrelevant. Even if she's 17 years, 364 days, 23 hours, and 59 minutes old, her opinion wouldn't matter until a minute later.
When did I ever say it had anything to do with age? I was commenting on your odd notion that sex crime laws are somehow the result of oppressive government that should mind its own business.
Um, no. I'm saying the laws are dysfunctional and cast too wide of a net. I'd rather not punish people who didn't hurt anybody.
You want to make the argument that "some 13-year-olds are mature enough to agree to have sex with me, and the law shouldn't stop me from taking them up on it", and frat boys want to argue that just because she was staggering and puking on their shoes doesn't mean she wasn't capable of agreeing to bang every guy in the house. Same argument from where I sit.
That's ad hominem. I have no personal interest in 13-year-olds. Similarly I think all drugs should be legalized but the only drug I'm personally interested in is caffeine. People should indeed be careful about having sex with drunk people because consent, under both the legal status quo and what I propose, would not be present.
No one "tells juries they must convict on age", or must convict on anything at all. You do realize that whole concept invalidates the purpose of having a jury, which is to decide whether or not they WANT to convict.
Juries are given instructions to follow the word of the law. Some take that seriously. Some don't. I sure as hell wouldn't. There is such a thing as jury nullification, but to tell somebody they are basing their verdict on age is skewing the outcome towards injustice since informed consent is still possible.
Your problem here is that your average jury thinks adults preying on 14-year-olds is as repulsive as I think it is, because you're a lone voice in the wilderness, preaching the doctrine of "Pubescent kids are adults. No, really."
Then you shouldn't feel threatened by my proposal if the jury would cause it to make no difference
in most cases. However, there is the occassional case, most commonly between a high school senior and a freshman, where they are of the same maturity level and no abuse occurred.
Then you must have a hard time playing any sort of organized game, if the concept of set rules foxes you this badly.
I love games. I have no idea what your point is. Arbitrary rules that ruin lives are bad just as people who prey on children are bad.
In terms of being immature and unable to make life decisions as an adult would, they are.
Not always.
Would you care to name me any reputable expert witness anywhere that would be able to convince a jury that a 14-year-old is capable of giving informed consent to sex with an adult?
If the defense can't find one then they'll lose, obviously.
Nice try, but no. While the application of the law is done on a case-by-case basis -within very specific guidelines - the law itself is not and cannot be. The law serves the same purpose for society that Hoyle's serves for card games: everyone playing has to know the rules beforehand, and by definition, they have to be blanket and generalized.
Oh please. Find a lawyer that is familiar with every law, let alone your everyday person. Instead of memorizing arbitrary laws, maybe it'd be easier if people could stick to the rule of not taking advantage of people and still be safe. With statutory rape laws, they can't assume safety if the person they love happens to be under 18.