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this post was submitted on 01 Aug 2024
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I'm not sure what the law ought to be though. I personally think a 16 year old should be legally able to have sex with their 15 year old partner. Maybe in england the difference in age matters. But if not, and a 15 year old legally cannot consent, is this hypothetical 16 year old now a rapist? That doesn't sound right to me.
A 19 year old having sex with a 12 year old? That is clearly wrong and that's rightfully already illegal here. But it's not automatically rape because Dutch law does recognize consent from people under 16. I have no idea at what age people can give consent though. I'm not sure if there is a minimum. But if the 12 year old in this situation did not consent then it would obviously be rape, just to make that clear.
A question: what is the situation in other countries with high schoolers having sex? It must happen all the time that some 18 year old is dating a 15 year old and that they have sex. I think the overwhelming majority of Dutch people would not want that to be illegal, let alone considered rape.
surely giving a 12 year old alcohol beforehand is evidence of rape, right?
Just to be very clear I'm not defending him in the slightest, this whole thing is horrible and I agree he raped her.
I was just explaining the situation and the differences in law in England and the Netherlands.
While I agree that this crime should definitely fall within the definition and corresponding punishment of rape, I don't agree that no 15 year old can ever consent to sex.
Some countries have a "Romeo and Juliet" law that allows consent when the age gap is close. The UK does not have this, and someone under 16 cannot legally consent to sexual activity at all as far as I understand it.
In Germany you can have sex with 14, everything below that is illegal (however the courts can decide not to prosecute if the involved persons both consented, are both under the age of 14, and very close in mental development). Between 14 and 16 you can have sex with people your age ±2 years (14 with 16 or 16 with 18, but not 14 with 17). At 16 to 18 it's I believe ±3 years, so that with 17 you can have sex with persons up to 20 years old, even though you're a minor and they're adults. There are exceptions to this, most notably that if they have any power over you (teachers, bosses, etc), it will count as statutory rape as it's argued that the victim didn't have the possibility to refuse without fear of consequences.
In the US generally people under the age of consent are allowed to have sex with one another though exceptions would be made if the age gap was too large. People the age of consent and older are not allowed to have sex with people below the age of consent, unless they're married.
Wait so you can get married under the age of consent? That seems completely illogical... if you can't consent to sex surely you can't consent to marriage?
It is illogical but the people who support it aren’t our best.
We’re usually talking very fundamentalist christian sects and right wing politicians in the vein of Roy Moore.
The parents have to consent to the marriage if the person is underage.