mellowtigger: (all i have)
[personal profile] mellowtigger
What's given is not the same as what's taken.

With the Roman Polanski case in the news recently, I've seen a lot of online chatter about rape and consent. I have opposing thoughts on the issue, and I thought that exploring them through writing might help me achieve a single coherent stance. At the end, I discuss my own history on this topic.

It doesn't matter how many human laws are passed, we're not going to convince God to raise the age of puberty. I firmly believe that Mother Nature signals readiness for sexual relations by giving us puberty. Sexual maturity is the whole point of puberty! Redefining puberty seems unwise. My own great, great grandmother eloped around age 12 or 13, and she remained married and raised a whole litter of kids. Humans can make adult decisions at this early age. Denying this truth seems unhealthy.

As solitary creatures, body maturity provides a sufficient standard. As social creatures, however, the mind must also figure into the equation. The brain requires time and nutrition to mature. Given a healthy brain, the mind also requires experience to mature. It may be that teaching such experience requires yet more time, leaving the body to outpace the mind in development toward adulthood.

Steinberg and his co-authors address this seeming contradiction in a study showing that cognitive and emotional abilities mature at different rates. They recruited 935 10- to 30- year-olds to examine age differences in a variety of cognitive and psychosocial capacities. ... There were no differences among the youngest four age groups (10-11, 12-13, 14-15 and 16-17) on the measures of psychosocial maturity. But significant differences in maturity, favoring adults, were found between the 16- to 17-year-olds and those 22 years and older, and between the 18- to 21-year-olds and those 26 and older. Results were the same for males and females, the authors said. ... In contrast, differences in cognitive capacity measures increased from ages 11 to 16 and then showed no improvements after age 16 - exactly the opposite of the pattern found on the psychosocial measures. Certain cognitive abilities, such as the ability to reason logically, reach adult levels long before psychosocial maturity is attained, Steinberg said.

According to this study, human logical reasoning ability seems to mature by age 16, but human emotional reasoning doesn't fully arrive until age 26. Considering that puberty happens around ages 8-14, we experience a huge stretch of life in which there is discordant maturity. This long mismatch is perhaps the crux of the problem. (Keep in mind that at age 18, we also demand that male citizens register in preparation to kill and die in military service.)

How we choose to define adulthood is important. It affects what behaviors we encourage or discourage. It influences how we define transgressions and their punishments; it includes how we define permissible actions that people must take responsibility for themselves.

A difficult childhood reduces life expectancy by 20 years among adults who experienced six or more particular types of abuse or household dysfunction as kids, while those who suffered fewer types of trauma lost fewer years of life, a large-scale epidemiological study finds.

In other words, making a child's life miserable is more than just a repulsive act. It steals years from their lifespan. This is important stuff we're talking about. How do we distinguish consensual sexuality involving young adults from life-destroying predation?

The maturity of the body (puberty) seems an easy measurement to identify and acknowledge. The maturity of the mind (adulthood) seems much more problematic, as does the ability to consent.

I think that an important example can be taken from a youth service that I visited some years ago. The tour guide pointed to a locked cabinet and explained that yes they had videos and books of sexual topics available in their library for the youth to borrow. This place kept them locked up, though, and required that youth ask for permission to browse them. In their words, "If they're mature enough to view them, then they're mature enough to ask first." I think that policy is very reasonable. I think we can use the same principle to confirm sexual maturity too.

my solution:
If someone's mature enough to experience sex, then they're mature enough to ask for it. So I propose a system in which anyone (who has passed puberty) up to age 18 may register themselves as "sexually mature" adults. The concept of "statutory rape" (in which age is the defining factor) does not apply to someone who has registered themselves as mature. Maturity means taking responsibility for your actions, and registration is sufficient proof of such maturity. A mature person may marry, as did my great, great grandmother, at a young age.

I take alcohol transactions as my example here, in which proof of maturity (defined by age) is required to legally imbibe. I would eliminate statutory rape. Instead, there is only "rape rape". Consent is required for legally permissible sex with someone who is either age 18 or is a registered adult (after puberty). Without consent in these cases, you prosecute rape. Without age 18 or adult registration, however, you prosecute something "even worse than rape" although I can't think of a proper term for it right now.

Consent is required. What's given is not the same as what's taken, though the physical act be the same. Predatory behavior costs lifespan and happiness; it must be prevented before and prosecuted after the fact. Adult behavior at young age, however, should not be compromised. If you're mature enough to experience sex, then you're mature enough to ask first. I think adult certification would work, although there would need to be some mechanism that ensures the request itself is not coerced somehow.

my life:
I think that I matured intellectually at a rapid pace, outpacing my compatriots of the day. Emotional maturation, however, is something that didn't really begin until my 20's. Emotional understanding, I suspect, will be a lifelong struggle in which I trail behind my peers because I experience emotions at a different scale (both time scale and intensity scale) than others do. That's why I now think that patience will be the prime attribute of anyone who can be a successful romantic match for me. I need time (and usually solitude) to understand myself. This delay is especially important in matters of consent.

Rape is sex without consent. Date rape, as I define it today, is sex where both parties experience some interest in each other but consent still is not provided. Only once (in my early 20s) have I experienced date rape, although there are other near-examples. For anyone taking note, physical reaction in a man is not the same as consent. A man needs to actively approach you in order for consent to even be implied.  Verbal expression of sexual interest is, of course, the best scenario. This was a period of my life when speaking required a lot more effort than it does now. I know that I was thinking the word "No", but at this moment I can't remember if the word ever reached audible form. That experience is one of a few "Ick!" moments of my life. That's not what I want my sex life to be like. At least it was all over quickly.

I myself often fail to "read" people well.  I can only hope that I never created a situation in which someone else felt assaulted by me.  :(  It seems unlikely, but I must mention the possibility to be complete in my exploration of the topic.

Here I am writing about important sex issues when sex is mostly a theoretical thing for me. I haven't had sex with anyone in years. I haven't even dated in more than 12 years. I've never bottomed for anyone, as I expect the emotional intensity and complexity to be too much for me to cope with unless it was with my husband (the ideal patient man who simply doesn't exist (for me anyway)).

So, read my opinions on the subject with some healthy skepticism, I guess. :)

Date: 2009-10-11 09:23 pm (UTC)
From: [identity profile]
"Without age 18 or adult registration, however, you prosecute something "even worse than rape" although I can't think of a proper term for it right now."

I think "Statutory Rape" is defined as such because it is defined by statutory law, i.e. it's consensual sex, but because of a law defining age of consent, if one of the parties are not legally of the age of consent the other is guilty of statutory rape. Presently the law defines the category by chronological age. In some cases they allow for parental approval to by-pass these laws.

I think even if the laws were re-written to allow more flexibility based on actual maturity (which might require a battery of tests) instead of arbitrary age makers, it would still be considered "Statutory Rape".

I think perhaps allowing more mature young people the option to test out of the age-limit without requiring parental permission might be a better solution to the arbitrary problem.

Date: 2009-10-12 02:11 am (UTC)
From: [identity profile]
Hmmm...I think rape (forcing yourself on another) is prosecuted as rape.

I think molestation is generally meant to mean sexually inappropriate behavior towards youngsters, but not including intercourse.

I think you are correct in the generally understood meaning of "Statutory rape" and I agree with you that the term "rape" adds confusion to what's really being punished here. "Statutory" seems a little too clinical and sterile, like the only reason it's wrong is just because it's against the law. As opposed to it's against the law because it's wrong, like smoking weed is against the law. It ignores the issue of whether there is a victim, i.e. whether someone's rights were violated.

One question is what does "young humans lacking the legal ability to consent." mean? I would replace "legal ability" with "sexual maturity", adding some legal means to determine sexual maturity, perhaps institute some kind of license to engage in sex earned by some demonstrable process. With some penalty for engaging with others who do not have a license. Just call it "illegal sexual conduct"?

I think part of the problem is our society doesn't raise children to view sex as natural and shelters them from learning about it as such, thereby delaying sexual maturity. Obviously children in 3rd world cultures seem to have no problem with sex at a younger age closer to the onset of puberty.

Then again, I didn't have my first sexual encounter with another until I was 25.

Date: 2009-10-12 04:58 am (UTC)
From: [identity profile]
In Canada it's legally called "Sexual Assault". The word rape isn't used legally. (Not even for the plant which is now called Canola.)
Anyway, it's a term that reveals the violence of the act in the name. I don't know what would be worse than it if you needed a separate term to label a worser degree of it.

Re. consent. It can be so hard to know sometimes. It makes one not even bother at all sometimes.


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