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Raising the Age of Sexual Con In contrast to the sexual assault reforms analyzed by Elizabeth A Sheehy earlier in this section, the law reform discussed in this chapter was neither initiated nor shaped by feminist intervention. Instead, Julie Desrosiers argues that the reform that raised the age of consent is based in deeply conservative moralism. This prohibition is based upon two serious concerns. And second, children do not have the capacity to give free and enlightened consent because their self-autonomy still requires time to evolve.

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In contrast to the sexual assault reforms analyzed by Elizabeth A Sheehy earlier in this section, the law reform discussed in this chapter was neither initiated nor shaped by feminist Sex voir. Voice Sex voir a Survivor: Message to the Public. Yet, in order to grasp adolescent sexuality as a whole, the analysis spectrum must be enlarged. This message from a sexual assault survivor provides heartfelt expression on how communities can support victims of sexual assault. Sex voir you would like to save a resource to share later, you will need to login first. Your Enema lassies.

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Sex Education.

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Sex Education. En cours. De Laurie Nunn. Bande-annonce Voir sur Netflix. Mes amis. Envie de voir. Asa Butterfield. Emma Mackey. Ncuti Gatwa. Gillian Anderson. Critiques Spectateurs.

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Raising the Age of Sexual Con In contrast to the sexual assault reforms analyzed by Elizabeth A Sheehy earlier in this section, the law reform discussed in this chapter was neither initiated nor shaped by feminist intervention.

Instead, Julie Desrosiers argues that the reform that raised the age of consent is based in deeply conservative moralism. This prohibition is based upon two serious concerns. And second, children do not have the capacity to give free and enlightened consent because their self-autonomy still requires time to evolve. They are vulnerable to all forms of depredation and duress. They have no means of defending themselves when facing threats or physical constraints.

In a word, they are simply not equal sexual partners. If such be the case, then at what age can they consent in law? The application of liberal, conservative, and feminist analytical grids shed light on the values underlying this new prohibition. All in all, a measure of skepticism is in order. For underlying the crusade against sexual predators, there is clearly a renewal of legalistic moralism. The consent of an adolescent over age fourteen was deemed to be valid except in instances of seduction of a person under age eighteen who was of previously chaste character.

However, s , consent to anal intercourse, required that the adolescent had attained eighteen years of age. This section was added to recognize important realities. Pursuant to the reforms in 12 and , 13 sexual assault covers a vast array of behaviours — from an unwanted kiss to intercourse.

By setting the age of consent at fourteen, the legislator would have criminalized kisses and caresses freely consented to between, for instance, thirteen-year-old adolescents. Hence the adoption of a two-year proximity of age clause that opened a small escape-provision in the otherwise impenetrable prohibition whereby an adolescent between twelve and fourteen years may consent to sexual activities with another adolescent insofar as an age difference of less than two years separates one from the other.

Consensual sexual activity between adolescents and adults in a position of trust, authority, or exploitation remains prohibited until the legal age of majority. The same applies to consensual anal intercourse. As for adolescents age twelve to fourteen years, their liberty to engage in sexual relations remains subject to a proximity age clause of two years. The sexual autonomy of adolescents is therefore quite relative: they may indulge in sexual relations, but only amongst themselves.

The ensuing synthesis — presented in Table 1 — should facilitate the understanding of the law and the amendments. It is also noteworthy that the legislator had already stipulated in an amendment in that the age difference had to be taken into account at the time of deciding if the relation constituted exploitation.

The nature of the relationship has become irrelevant; sexual assault is now only a function of age difference. Redemption comes from marriage. Lastly, it is noteworthy that matrimony also makes legal consensual anal intercourse — little does the age of the participants matter.

The vast canvassing of samples upon which it is based ensured result reliability: 11, students in seventh, ninth, and eleventh grades, or in first, third, and fifth years of secondary school, participated in the study — namely adolescents generally twelve, fourteen, and sixteen years old.

Oral sex is practiced by 30 percent of fourteen-year-old adolescents and by Sexual intercourse with penetration, has been experienced by at least 2 percent of twelve-year-old students, by 21 percent of fourteen-year-old-students, and by 43 percent of sixteen-year-old students.

Among sixteen-year-old students, these figures rise to 80 percent intimate relationship and 40 percent sexual intercourse with penetration. Adolescents do not conform to one standard behavioural profile. Some have already had sexual relations at age thirteen roughly 4 percent , others have never kissed anyone at age sixteen 19 percent.

Sexual maturing is an ongoing process amongst all adolescents. First of all, there is a dearth of data concerning this phenomenon. As such, generalizations are far too speculative to be made. Therefore, available data strongly refutes a presumption of trauma caused by sexual relations with adult men, at least for gay youths.

Nonetheless, with knowledge in this area at its current state, additional research is needed, especially with regard to relationships between adults and female adolescents. Should this be prohibited? Criminalizing behaviour is a serious undertaking: it transforms a citizen into a criminal. Contemporary Canadian authors generally re-state the moderation principle set forth by the Law Reform Commission in past times: 34 the implementation of criminal law must only be directed towards the repression of conduct that infringes upon some fundamental social value and that is in addition deemed harmful.

The answer depends on the theoretical perspective that informs it. The principle is clear: the only prohibitions ought to be those of behaviours that cause harm to another. Since the concept of harm is notoriously difficult to determine, liberals have outlined various criteria to determine if a specific behaviour should be singled out for criminal sanction. Some illustrations are in order. A fifteen-year-old adolescent who voluntarily, enthusiastically, and even with love and passion pursues a relationship with a young adult certainly does not consider him or herself to be a victim.

From a liberal perspective, there can be no crime without a victim and it is highly problematical for the state to force its citizens to respect its views in matters of morality. The number of these relationships is unknown, but sexual relationships between adults and adolescents are likely to be relatively widespread.

Although there are no Canadian data on this subject, it is a known fact in the United States that the majority of investigations are instigated by complaints to authorities from worried or disapproving parents. Hence, the law is enforced sporatically, and potentially unfairly, for purposes of controlling adolescent sexuality. It is feared that adolescents would be disinclined to exhibit their intimacy if it meant risking criminal repression.

Without evoking all the legal subtleties that an exhaustive legal analysis would require, 42 it may be asserted that in its positive version, sexual freedom is an aspect of the right to privacy.

In its negative form, sexual freedom is also an aspect of the right to physical integrity, 43 whereby consent must be to specific sexual acts and can be withdrawn at any time.

As such, if the state has the duty to act to protect the physical integrity of its citizens, it must also respect their privacy:.

Sexuality and sexual life is at the core of private life privacy and its protection. State regulation of sexual behaviour interferes with this right, and such interference can only be justified, if demonstrably necessary for the prevention of harm to others.

Attitudes of the majority can not serve as valid ground for justification. To borrow the expression of another author, we are witnessing the creation of offences against sexual autonomy. It is both impossible and inadvisable to ignore them because law that is not grounded in morality would lead purely and simply to social disintegration.

Liberals and conservatives may very well agree on the immorality of a given sexual behaviour, yet the former would refuse to criminalize such behaviour without there being tangible evidence of harm occasioned by the behaviour. On the one hand, conservatives called for the criminalization of a sexual practice contrary to family values. On the other, liberals opposed the prohibition of an inoffensive sexual practice.

In following this line of thinking, legitimate sexual fulfilment resides in procreation within the institution of marriage. Because, if it is necessary to dissuade sexual predators, one must also permit marriage, independent of age differences. From which issues a new form of marital immunity, independent of age differences.

Hence, this new form of marital immunity, codified under s A young woman age fifteen may therefore have lawful sexual relations with her forty-year-old husband, but she may not have a twenty-one-year-old lover. The change in the age of consent would have been the natural opportunity for correcting the discriminatory treatment afforded to gay youth, who cannot consent to anal intercourse prior to eighteen years of age.

The age of sexual consent is therefore fourteen years for heterosexual adolescents who have partners of about the same age, sixteen years for heterosexual adolescents who have adult partners, 51 and eighteen years for gay adolescents, regardless of the age of their partners.

In a society as pluralistic as ours, it is a difficult undertaking to identify moral values that are supported by the majority. The feminist concept is that the law must be used as a tool permitting access to greater social justice.

While legislative action makes possible the destabilizing of power relations between males and females, it may also act in favour of other historically discriminated groups, such as persons with disabilities, racial or cultural minorities, and gays or lesbians. During the s and s, they exposed and critiqued sexism in the criminal law of rape by drawing attention to the discriminatory and unfounded beliefs on which these laws were premised. Feminists also branded rape as an act of violence and a form of domination perpetrated against the bodies of women.

The model that guided their investigation was that of a young child, suffering from repeated sexual abuse and hence in desperate need of protection. While the committee clearly recognized that its recommendations would affect the equilibrium between the protection of children from sexual aggression and exploitation on the one hand, and, on the other, the possibility for adolescents to express themselves sexually in their evolution from early adolescence into adulthood, 56 it did not address the balance it should strike.

Instead, it instantly dove straight to an assertion of the need to protect young victims. Thus, it was that a body of argumentative reasoning was formed, extracted directly from the feminist grid, in order to better protect an extremely vulnerable group. For the liberal, consent is a glorified act that symbolizes individual self-determination.

Not so among feminists for whom the expression of true consent depends upon an egalitarian relationship. In our culture — one that excessively extolls feminine beauty and youth to such an extent that young women are commonly represented in television, film, and music as only existing through the desire of a man — should one not question the sexual consent of an adolescent?

Is an egalitarian relationship possible between an adolescent female and a considerably older man? Is the risk of domination too important to be neglected? Should one not fear the instrumentation of young bodies in the service of adult sexual pleasure?

It was in the name of majoritarian values that women were for ages confined to their homes, without any source of income, far from the seats of religious and political power. Ironically, in the current discourse on policy, where raising the age of consent is claimed to further protect victims of sexual predators, there is some confusion, even a blending of feminist and conservative claims.

My first point is that the raising of the age of consent does not afford better protection from adult sexual predators: non-consensual sexual relations have always been criminalized.

If the current legislation is intended to protect youth, it just does not do the job. Feminist demands are grounded in real-life experiences. The approach seeks to shed light on the dim, hidden side of reality, namely that of one-half the population. It is one thing to seek to protect victims of sexual assault who have made public demands for improved legal treatment; it is yet another to proceed to law reform in the absence of the victims.

When this step is taken in the name of feminism, feminism shifts to moralism. In the current state of affairs, the raising of the age of consent is illegitimate because nothing has been done to explore or document the consequences of sexual relations between adolescents and adults, nor has anything been done to record what these adolescents have to say about the potential benefits and harms that they experience through criminalization of their chosen sexual partners.

Henceforth, little does the nature of the relationship matter. The law was enacted in a vacuum, in response to the fear of sexual predators, without being solidly positioned in the social environment. Adolescents age fourteen and older often are sexually active. What do they think of this amendment to the law? Can they find their way through the muddle of rules that just add to the complexity of laws in force? Here then is a genuine risk of alienating young people further from the law.

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