Saturday, October 04, 2008

Stop meddling.

Rape law raises its head again - at least indirectly. The offence is committed by having sex with a female without her consent - but the law considers that a girl under the age of 16 is legally incapable of giving her consent. Hence the offence of having sex with an under-age girl, sometimes referred to as statutory rape. But it should be noted that the girl in such a situation has committed no offence. The Scottish parliament is considering legislation which, where both parties are under 16, would make them both guilty and subject to punishment. This is being done in the spirit of anti-discrimination. At present in such cases the boy can be charged, but the girl cannot. Provided that the act was factually, as opposed to legally consensual, I cannot see what is to be gained by criminalising either of them. This is an area where the law is best kept at arm's length.

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