If the age gap is say, only one or two years, then yes it should be. I mean, why shouldn't a nineteen or twenty year old be able to have sex with a seventeen or eighteen year old? Is it really that big of a difference? However, I don't know how many people would disagree with this situation.
Now, a child cannot truly give consent. Therefore, only the aforementioned situation is applicable. Just saying "yes" is not consent. Consent requires the psychological understanding, as well as the ability to communicate it. So an 8 year old cannot give consent.
Now, this leaves people from about 14-18. As I said, 17 and 18 year olds should be somewhat exempt, based on the situation they are in. Now, 14-16 year olds are decidedly different. A much higher percent of them are either psychologically or sexually immature, and are easily manipulated. This being the case, we cannot risk them being legally harmed for the sake of the few who are mature enough.
To say that minors are not mentally capable of consenting is demeaning and ignorant. Minors have sex all the time with other minors already. Just consider the small difference between a 17 and 18 year. The legal age of consent in countries other than the U.S. Is much lower than 18. To say that because "the brain has not fully developed" that a person under 25 is not capable of agreeing to something is utterly ludicrous. To say that it is unnatural or think it strange for people to start having sex when they become developed enough to do so baffles me. It is, of course, dependent on the individual, but ridiculing someone for having sex with their boyfriend or girlfriend who is not legally an adult but mature enough to make that decision is ridiculous to me. I see it as an infringement on that person's legal rights to punish them for it.
Of course, this is a very different case when it comes to younger children.
Let me start off by saying, I think that having sex with a young child is wrong, but sex with a a teenager over the age of 13 isn't as wrong.
If we allow teenagers to select their own classes in high school, drive cars, and make other life altering decisions. Why shouldn't they be able to consent to having sex with someone older than they are? It's happened since the beginning of time.
If the minor is like 17 or within a good age range of the other person wanting to do it with them then yes. But if the minor is younger than 16 than no it should not be okay, ever. The teenager needs to be protected from people wanting to take advantage of them like that.
If the minor is at least 14 and mature enough to consent, I don't see a problem. Modern society forces young people to be "immature" longer than necessary, beyond the point when someone has biologically became separated from their parents. Not everyone of the same age is on the same maturity level, just like one shoe size does not fit everyone of the same age, and that needs to be taken into account.
Once minors reach the age of consent ,they should be legally in engaging in sexual activity.Now here is the debate ,if it should be allowed for an adult to have sex with minors?Well my answer to this question depend on the age and how mature minors are.Age 16-18 should be allowed.
I believe in a contextual approach when it comes to adult-minor relationships. Sex between a juvenile and adult is permissible as long as it was consensual and the age difference is not too extreme. If it involves situations like an 18-year-old and a 14-year-old, that's only a 4-year age gap so that's acceptable. For numbers like 21 and 15 , that's more debatable.
Say their is a couple both 17 years old. Now one of the partner turns 18 before the other one. Is it really fair for the 18 year old to register as a sex offender if caught? The 18 year old will be placed within the same category as other child molesters. I personally think their should be a age range of consensual sex of one year.
Anything over that should not be allowed and against the law.
Nearly all teenagers know very well what sex is and are able to decide whether or not they wish to have it. Young children cannot fathom what sex is and what it means, so they should probably shouldn't be able to have sex. But to say that a 15 year old is unable to consent to sex is ludicrous, I know when I was 15 i was searching for it all over the place.
If the child is postpubescent, then there aren't any real problems to worry about. The child is anatomically ready for such actions, and should therefore also me mentally prepared for the possible consequences that can ensue. It is up to the educational system and the adult in this situation to inform the minor what they are getting into (no pun intended).
It does not benefit society to encourage teen pregnancy and sex. Teens are among the highest climbing STD affected populations, as well as if they get pregnant then there are a multitude of risks both for the parents and for the child. These things are detrimental for society as a whole. While this sort of short sightedness and foolishness can be expected of teenagers, adults should be held responsible for a bad decision of this nature.
The laws against adults and teens having sex together also brings down the number of teens who are taken advantage of by an adult in power. Children in this situation will argue that it was their choice and if no one has a problem with them having sex with someone their age they should be allowed to have sex with that adult. However, that doesn't mean that the adults aren't still taking advantage of them, and this sort of child predator should be stopped.
There is tons of credible scientific proving that children are incapable of consenting to sexual relations with adults. For example, psychology studies have proven that the brain is not fully developed until around age 25, though society recognises people as having the capacity to consider the consequences of their actions at age 18. Before that, and even arguably after that, the brain just isn't wired to fully consider and understand consequences.
First of all, as others have said, a minor (assuming that minor is a prepubescent child and not a minor under eighteen) doesn't have the ability to consent to that kind of act. They don't fully understand what the act of sexual intercourse entails. Also, they are not considered legally able to consent, but even if we leave the court system out of this, children still couldn't consent because they would be emotionally, physically, and psychologically unprepared for that sort of act. Puberty is what takes place to prepare a person for the physical aspect of sex. If this child hasn't gone through puberty, they could suffer internal wounds. On top of all that, you have to consider that children are very easily persuaded by adults. They may not even know what sex is, so even if they have given consent, this might have just been because they think they're respecting the adult figure that has asked, and this could lead to the same psychological problems as what happens with sexual abuse cases, such as post traumatic stress disorder, separation anxiety, and a range of behavioral problems.
A minor is regarded as not having the mental capacity to make informed decisions sometimes... And this is a perfect representation of that fact.
The ability of the minor to make a decision regarding consensual sex with an adult would be based upon factors in which a minor would have difficulty in understanding the outcomes, due to their immaturity/peer pressure/assertiveness of the adult/inability to fully exercise their will.
An adult is an adult a child is a child. As adult parents we nurture them, we protect them, we are mindful of their immaturity & innocence until their brain matures in adulthood and they can fend for themselves....Sexually & socially. A child's reasoning ability develops well after puberty...And sometimes not at all. As evidenced by this question. To try and legalise this argument in society, is the sign of a very immature adult mind. The opinion from this end, is to think of the child & its wellbeing in the mental & sexual department and not of the immature adult in the mental & sexual department...That has prompted this question. To sum up...It is a rubbish question that deserves a rubbish answer.
First of all children are both by mentally and physically unable to consent sexual activity with an adult.Because of what ??Because due to a child body mass size cannot be compared to like an adult and if they have sex with an adult,it could easily lead to injury and physically damage.