In the United States and some other countries, the terms juvenile, minor and adult are frequently legal terms. The question of whether one is a juvenile, minor or adult often comes under consideration when sex, school attendance and criminal activity is involved.
Age of consent for sexual activity may be based solely on age or may be based on age and difference in age. Thus, in some states and countries the law may state that individuals of a certain age may only consent to sex with someone who is no more than three years their senior. The age of consent in some countries and states may be 14 or lower. There have been cultures in which children are treated as autonomous individuals and can decide themselves when they are old enough to have sexual activity or engage in other activities. Many children are “sexually active” with themselves or in sexual “play” with their peers at a very early age.
In the United States even viewing individual appearing underage having sexual activity with an alleged adult can be the basis for being criminally charged, sent to prison and put on a public sexual offender list. (Determination of age is usually made by law enforcement personnel or so-called experts which is very problematic since there are many reasons a “legal” adult can appear to be a teenager.)
In some so-called primitive cultures, it was the responsibility of adult males to introduce young males to sexual activity by having sex with them. There is no record of these males being mistreated or emotionally harmed. If a practice is ritualized by a community, there is no basis for shame.
In many states in the United States, one is legally required to attend school or be home schooled until a certain age; frequently age 16 although some children complete requirements for graduation from high school at an earlier age.
In some states one can apply to become emancipated and for all practical purposes be considered an adult at age 16. If that emancipated 16-year-old is then legally married he or she may have sex with their spouse. However, if not married they may still be considered a minor in terms of sexual activity until they reach the legal age of consent in the state in which they are living. This normally also means an emancipated 16-year-old cannot legally be employed in the porn industry.
The terms minor and juvenile in criminal cases may vary when a minor child is charged with a crime which law enforcement personnel or the public finds particularly offensive. For example, in some states, if a 10-year-old is charged with murder or certain other “serious” crimes he or she may be bound over to adult court. The sentence may not include the death sentence but may include long periods or even life in prison. Recently, in the United States, a 14-year-old charged with murder in a mass shooting incident is to be tried as an adult. Apparently, the thinking is that a person as young as 10 may be capable of being legally competent to decide to engage in criminal activity but is not old enough to decide to have sexual activity with an adult. The thinking is sometimes the power difference is the deciding factor in decisions regarding sexual activity, but not in decision regarding violent or other criminal activity.
One might argue when a country or state regularly uses violence to deal with situations of which they do not approve or deems should be illegal whether that is against other counties, persons, or entities the young person is being taught that he or she is expected to use violence when they are unhappy with the behavior of others. In war the killings of children and adults regardless of their status is often considered “collateral damage.”
We do not make laws limiting the ability of those with intellectual disabilities or emotional disabilities to have children although Hitler copied the thinking of some in the United States when he decided to sterilize those with intellectual or emotional disabilities. We do have laws disallowing the ability to use those with intellectual or emotional disabilities for our sexual gratification without considering their rights and needs.
In short, our laws reflect the fact that sometimes we, as a society, determine age alone determines the ability to make informed choices and sometimes we decide age alone is not the sole criteria we should use,
I suspect most of us agree that forced sexual activity rape - at any age is immoral. Rape can occu by a person of various ages. Rarely does anyone in authority state that a 5-year-old can rape a younger child although there have been such allegations. Some might maintain that the 5-year-old did not realize what they were doing; that they are incapable at 5 years old of being aware that the younger child has rights which need to be respected.
In summary I am suggesting:
o The line between adulthood and minor or child is a very narrow one.
o We adult are emotionally, financially and legally unwilling to take responsibility for the arbitrary nature of our decisions regarding the use of violence, the control of the manufacture of weapons, and the extent to which many laws are based on emotions and limited religious beliefs and not science.
o The use of another person’s body solely for one’s own gratification is wrong, wrong, wrong. At the same time the age and mental capacity of awareness of the needs and rights of other humans is often decided arbitrarily and for the temporary comfort of the community.
o Children are sexual from a very early age. The age of puberty and the ability to procreate varies greatly with individuals. Children need to be clearly taught how their behavior affects others, the danger of early pregnancy and the danger of sexually transmitted diseases.
o We adults need to take responsibility for the behavior we model and the often-arbitrary emotional factors which determines our decisions about whether someone is to be considered an adult or a minor.
Written October 13, 2024
Jimmy F Pickett
coachpickett.org