The Age of Consent

[Ajita Kamal]

The age of consent for heterosexual sex in India is 16. For homosexual sex it is 18. Now obviously this is a double standard that is inexcusable. But I have a couple additional questions.

I take it as a premise that there should be something like an age of consent to protect children from predators. The idea being that The questions then are:

1. What goes into determining what the appropriate age of consent should be?
2. Which is better, 16 or 18?
3. Instead of a fixed age for all people, can certain developmental criteria (perhaps requiring a brain scan, for example) be used?

[Gowri Thampi]

Did you just suggest brain scans for everyone before being allowed to say yes to sex ?

[Ajita Kamal]

As one of the questions I asked if it might make more sense to use specific developmental criteria (perhaps using brain scans for example) instead of a strict age of consent that makes no sense given how different people are. Such criteria would obviously come into play after the fact. I did not "suggest brain scans for everyone before being allowed to say yes to sex".

I'm not sure what the opposition is. We are already denying sexual activity to those individuals considered too young to give consent. Why not explore proper criteria to determine what that age should be, including considering an individualized approach that is based on science rather than arbitrary ideals.

[Priyanka Rath]

(02-Dec-2011, 12:40 PM)Ajita Kamal Wrote: As one of the questions I asked if it might make more sense to use specific developmental criteria (perhaps using brain scans for example) instead of a strict age of consent that makes no sense given how different people are. Such criteria would obviously come into play after the fact. I did not "suggest brain scans for everyone before being allowed to say yes to sex".

I'm not sure what the opposition is. We are already denying sexual activity to those individuals considered too young to give consent. Why not explore proper criteria to determine what that age should be, including considering an individualized approach that is based on science rather than arbitrary ideals.

It would definitely be more sensible to take into account the actual maturity in decision making of individuals instead of setting a standard bar of physical age. But, as far as I ahve read, within law, there is a comfort level in having uniform standards for measurablity. It makes simpler for the system to legislate and execute. Also, it is believed that a removal of standardization would encourage abuse of freedom, where the society cannot yet, digest issues like live-ins or pre-marital sexual relations. You could say, it is a strange way of "protecting" children.

[Ajita Kamal]

Yes, I see what you're saying, Priyanka, regarding the valid reasons why a set age limit is beneficial. I do wish though that perhaps things can be a bit more flexible at the enforcement level, taking into consideration other factors besides the 'age of consent'.