- In class we discussed how both rape and incest are “wrong.”
- When we say incest is wrong we’re really saying it’s “disgusting.”
- The problem with rape is lack of “consent.”
II. What about incest between an adult and a child? This is considered “statutory rape.”
A. In class, we focused mostly on adult incest, but we did say that one potential problem with incest in general is a lack of consent.
B. What makes kids unable to consent?
III. One major thing missing from our conversation about consent is mental acuity.
A. Perhaps part of the reason that we view incest between an adult and a kid as “disgusting” and “wrong” is because the kid isn’t mentally developed enough yet to truly understand what they are consenting to (if they are). The same thing could apply to rape.
B. The same thing could be said for the mentally handicapped.
1. Can someone who is mentally handicapped ever consent to sex?
2. Can a child ever consent to sex? Perhaps there may be a physical response, but is a physiological response the same thing as consent?
IV. Counterargument How does one know when a child is intellectually mature?
A. If we adopt this idea that mental acuity is required for consent, then what are the boundaries?
1. For instance, children develop at different rates. Girls tend to develop before boys. Does that mean that all girls are capable of consent before boys?
2. How would you determine adequate mental acuity in the disabled? An IQ test? That test has already been proven to be a poor indicator of emotional intelligence.
V. Counter-counterarguement While you cannot provide a guideline for all people, you can do your best to come up with the best generality that will apply to the majority of people.
A. Consent is defined as “Voluntary, positive agreement” (northwestern.edu)
B. In the US, the age of consent is 18.
C. This problem could be easily avoided if we just agree that only a person who is over 18 years of age, and, in the case of the mentally disabled, with the mental acuity of an 18 year old is capable of giving consent.
Works Cited
“Women’s Center." northwestern.edu. n.p, n.d. Web. 24 Oct. 2014.