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Dutch Olympian who raped a 12-year-old girl ‘is not a paedophile’, official says
(www.theguardian.com)
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this post was submitted on 27 Jul 2024
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Being charged as a minor is still getting charged. The offences you stand trial for are the same, it's the sentencing that differs. So if it was illegal to have sex with a 14yold, and then two 14yolds were having sex, we'd have to put them both on trial for sexual abuse of the other because they're both criminally mature. Under 14yolds cannot be tried.
Because having sex and earning money with sex are two very different kinds of things. Kids are also old enough to buy shovels and dig holes doesn't mean we let them work in the mines. They can have and earn money (within reasonable parameters, think doing paper rounds or working a trade in the context of learning a trade) and spend it, they cannot take on debt or future obligations (like a mobile contract which you can't cancel on short notice and such).
Oh, and maybe this is worth pointing out in contrast to the US: We actually have sex ed and none of that abstinence only BS which obviously doesn't work, look at your teen pregnancy rates.
I wholeheartedly agree about abstinence-only education being an absolute failure of a policy, though I should also point out that it's a state policy, and states outside of the deep-south generally have at least basic sex-ed, and some states are fairly comprehensive.
Funny enough, when living in Tennessee, it was the class teaching the course, because the teacher was unable to tell us about condoms, how to use them, or where to discretely get them for free. She didn't stop up us, I think because she wanted the class to know, but wasn't allowed to teach us proper sex-ed by law.
I do also think there's a meaningful difference between juvenile criminal law and adult criminal law, in that we treat children's ability to make informed decisions differently than that of adults'.
14yolds can make informed decisions the question is whether they bother to do so, not whether they have the capacity. The main difference in Germany is a) specialised judges and b) sentences and sentencing institutions which capitalise on the fact that youth are still very malleable. While ordinary prison guards are social workers and adults can be absolutely bone-headed and set in their ways, correctional youth institutions have an army of pedagogues and psychologists running circles around the kids, forming them.