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Age of "consent" for murder vs sex? Do you find it odd that a 15 year old is considered responsible enough to?
be tried as an adult if she murders a 19 year old boyfriend, but not considered responsible enough to make the decision to have sex with him?
In a number of jurisdictions, a juvenile (14,15, some places 16) is considered to not have a developed enough mind to consent to sex. But if a juvenile commits murder, they can be tried as an adult. This move for juveniles to be "charged as an adult" has increased in recent years. (This question still applies if the genders are reversed, or the same. But that brings up even more factors, and differences in how the law is applied.)
Any answers to this contradiction?
Mutt: Of course they do not equate! The contrast is put here to underline the problem of whether a juvenile's mind is developed enough to be held responsible for making certain decisions.
Bruce: If only the contrast were that clear. But how do we ever say a decision is made by an individual with no outside influence from peers, social pressures, a partner... (An endless open question, not looking for an answer.)
You say sex often involves pressure from someone else. But a number of (most of?) cases of a ~14 y/o committing murder I've read of involve pressure from their 'friends', or a gang.
I just find it odd that more and more brain research shows that teens' brains actually lack the physical development to use restraint and judgement, but laws applying to teens in certain categories are getting more Draconian. (Latest research shows the brain doesn't finish growing and making all its connections until the mid-20s.)
Yes, we have to hold individuals respon
8 Answers
- BruceLv 79 years agoFavorite Answer
Sex often involves pressure from someone else. The intent is to prevent adult predators from using influence on gullible teens.
Murder is a conscious decision you make yourself.
In addition, many of these teens are just learning about sex, where you learn from a very early age murder is wrong.
One final thought... you consent to sex, but you don't consent to murder. For that reason, the two really don't compare as you suggest.
Source(s): Law enforcement since 1991 - 9 years ago
No. I do not find it odd that sex is treated differently from murder. Anything above the age of 8 is the age of reason in which people are expected to know and understand right from wrong. Sex is a biological imperative and is more morally ambiguous than murder. Sex is legal at a certain age (determined by state) but murder is not legal at any age.
As for whether or not someone of that age should be tried as an adult, I think that it depends on the circumstances. Under the age of 21 the part of the brain that controls inhibitions is not fully formed so there are times when I think that a lack of impulse control can be due to lack of maturity due to age.
If we were talking about a 10 year old or even a 12 year old I would question the decision to try them as an adult-- but I think that at 15 a person is old enough to know better and generally has a better handle on their emotions and behavior and can exert enough control to not murder someone.
- Sans DeityLv 79 years ago
It makes perfect sense. Sexual consent laws are there to protect young people from the influences and pressures of older people, not just because "they're not responsible enough". However, murder is an act committed through the desires of just the juvenile in question and is treated accordingly.
The real contradiction when it comes to age is how an 18 year old can be considered an adult in every single possible way under the law, yet is not able to consume alcohol.
- 9 years ago
Sex is a funny thing. Todays society puts light on sex. It is displayed everywhere and talked by everyone with no shame. Kids are having sex at an early age either because they are abused and they find it satisfying or they dont have parents to give them rules and structure. Murder on the other hand is a thought out action. It is taking someones life. At 15 they know they consequences of murder. They know its wrong and its a crime. Sex is no crime. A 19 year can influence a younger age to do many things.
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- Michael TLv 79 years ago
the big difference is bilogical and hormonal
there is a proven biological need a drive to have sex which is healthy and perfectly normal
which is compounded by peer pressure
there is no such need to Kill and everybody realizes from an early age that it is wrong to kill or even hurt a fellow human being we also realize that people who promote violence are wrong like Gangs
or racially oriented groups yet we Choose to adopt their ideas when we clearly have other options to choose from
there is nothing Healthy or Normal about contemplating Murder
trying a youth as an adult is meant to deal with the extremes of youth behaving badly
and is not an everyday choice of the courts
for example the youth criminal justice system in Canada is an update to the Young Offenders act
the Young Offenders act initially had sentences so limited youth crime increased dramatically particularly serious crimes like sexual assault armed robbery and murder
being tried as an adult could happen at 16 for serious offences under YOA but was reduced to 14 under YCJ due to the large numbers of serious and repeat offences by youth who felt they had a free ticket rather than serious prison time
- dupouyLv 45 years ago
i'm getting the sensation that the 15 3 hundred and sixty 5 days previous forced that toddler into intercourse. i do no longer think of that he knew what he become doing, I advise, he does not even understand what the notice 'financially' skill. i don't sense like I even have the main appropriate to declare if somebody's toddler would desire to be taken away, yet I DO think of the toddler merits some greater useful arranged and to blame mothers and fathers. loopy
- robert43041Lv 79 years ago
I would say (for the youngster who commits murder) that it depends on the circumstances: some have no conscience whatsoever and only merit the worse.....as for sex, another matter altogether: is a girl of, say, 15 capable of taking care of a child by herself if it comes to that? I seriously doubt that.
- MuttLv 79 years ago
And how exactly do you equate sex with murder? The two are as closely related as apples and pizzas.