Of course someone is going to have to make a subjective
Posted on: April 16, 2020 at 11:14:35 CT
90Tiger STL
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determination. Consent in this case is of course subjective.
You have situations in which a mature 17 year old or a very immature or developmentally challenged person may offer or not offer consent, may or may not understand what's happening, etc.
How do you expect to make an "objective" evaluation of consent by pointing to a person'd date of birth?
I would imagine a court (private, public, let's not include that in this discussion) hearing from both parties and witnesses and getting as much detail and context as possible to render a good ruling.
Your repeated request for something "objective" is troubling here. The "objective" determination is whether the rights were infringed upon - either by outright ignoring a lack of consent by force, or by doing something to someone incapable of rendering consent.
How do you make that determination "objectively".
If a 17 year old female who has had several voluntary sexual relationships with others her age has sex with a teacher of age 34 and tells teh court she absolutely consented - where is it "objective" in your world that her rights were infringed upon?