Age Of Sexual Consent In California - Essay Example

MM, 909935382, HED 320, Fall 2009 No To Changing The Age Of Sexual Consent In California From Aged 18 to 16 There is no law in the of California regarding sexual consent. What exists is the age wherein persons are given full legal capacity free from parental interference. The age of full legal capacity or consent is at the age of 18. In California, a person legally becomes an adult at age 18 and acquires most of the rights, privileges, responsibilities, and obligations of adulthood. These rights include the right to vote, the right to make contracts, the right to marry without permission from parents or guardians, and the right to serve on a jury (Newton). If this is changed, it would have far greater repercussions unimaginable. Just to cite some relevant effects: (1) in criminal cases 16 year old children will be tried as adults with severe penalties, if convicted they will have to stay in the penitentiary brushing elbows with the old men; (2) decreasing the age of protection for exploitative sexual activity results in 16 year old girls being coaxed into prostitution and exposing themselves in porn movies, to be kissed, fondled and have sex with men as old as their fathers; 16 year old boys pushed into having oral and anal sex; (3) information regarding sexual encounters or experience of 16 year olds will be divulged notwithstanding the effects that this may cause on the child's mental and social wellbeing. The child as a human being also has a right to privacy and should be spared the ridicule and ostracism 16 year olds are still children half way between adulthood and still being a child. The dictionary defines them as young and immature. They have bodies as developed as adults and still think and reason as children. They are immature and the fact that these children would experiment and desire to experience sex as what they have seen in the Dvd, without thinking of the possible repercussions of their actions in terms if STD's, HIV and even pregnancy is proof of their immaturity. The Dvd or other direct or indirect influences are not to blame for their actions. They will manipulate the use of technology to suit their innermost desires: "In every era, new technologies are always adapted to sexual uses (Klien, p. 6)." Admittedly these desires are normal. There is nothing wrong in keeping them in control until such time that these children would have grown and be ready to take responsibility for their actions. Admittedly, this is a part of their self expression. But even this self expression is rooted on how the individual actually behaves. "We can't understand the origins of human sexual expression without knowing more about how we actually behave (Fausto-Sterlin, p.18)." This further proves that the adolescent who behaves in an immature way is not ready to delve into the study of his/her very own sexuality. But to allow these 16 year old children to rampantly experiment is against the mandate given by the people to the State. They are still too young. In fact the benefits of the Alan Guttmacher Institutes' study, greatly favors the experimentation at an age wherein the subjects are ready: "Women who consistently used condoms within their casual relationships had a greater perceived ability to use condoms in difficult situations, expressed a greater need for intimacy within a relationship and were more motivated to have sex to please others or to express love than women who had unsafe casual sex (Alan Guttmacher Institute, p. 57)." This is at 18years old. The study was made among vocational students meaning those that were not in regular schooling for being advance in years. The average age was 18 years old. This proves that 18 year old young adults are mature enough to think and decide for themselves. This study further substantiates the stand of the State that maturity, legal consent and capacity should be retained at 18 years old. Who will protect these children Who will guide them to make the right choices Who is tasked to ensure that their rights are protected The parents are charged with this task. That adolescent is still a minor. When it reaches the age of 18, the law will grant it full legal capacity as adults. The law has determined that at 18 that young adult can decide what is good for him or her and to take responsibility for his/ her actions. But for now as these children grow they are under the authority of their parents and it is the parents who are guardians of their rights. The State is also charged with the protection of the rights of the child, these are children below 18 years of age. It ensures that children will not fall prey to exploitative sexual activities. So, the State has placed penal sanctions on those that will have sex with a child or a person below 18 years of age. The State is also mandated with ensuring that the adolescent is properly informed and guided. This is manifested in the issue of abstinence-only-until marriage program of the State. "We know what works. Comprehensive education about sexuality that fully informs the youth about their sexual health, including messages about abstinence and contraception, has been proven to delay sexual activity and increase contraceptive use (SIECUS, p.54)." As an offshoot of this, an article suggested that: "Over the past few decades, nationally representative surveys have accumulated a wealth of data on levels of adolescent sexual activity. Thanks to so much surveys, we know how the proportion of 15-19 year olds who have ever had intercourse has changed over the years..But to what extent does adolescent sexual activity consist of non-coital behaviors - that is mutual masturbation, oral sex and anal intercourse --- health professionals and policy makers know very little about their prevalence among teenagers. explanation for this dearth of information. One is the perceived difficulty of getting parents to consent to surveys on the sexual activity of their minor children (Remez, p.59)" This article portrays a scenario wherein the children having been brainwashed not to have sex until they are married tries other alternative but satisfying non-coital behaviors. When I first read this article I thought this was what was happening to the general youth of America. But when I read it again because I could not believe the scenarios the writer portrays I understood it better. I understood that the reports were mere fictitious scenarios. They were not supported by any study and most were just really just stories. In fact in my third reading I took the time to note that in all but two pages contained casual mentions of the unsupported reports and findings. It was not a real and factual scenario of what abstinence could do to the human being. It was more of a nightmare of what would happen if actuations such oral sex were allowed which according to the writer of the article -"it is like a good night kiss to them (Remez p.61)"- them, meaning the adolescent. Such reporting is irresponsible and deceiving. As proof of the writers' deceitful intent, she mentions nationally representative surveys but it concerns only the sexual activity and not of the non-coital behaviors she suggests. The fact that health professionals and policy makers are unaware merely just states that the problem is of an insignificant number compared to the whole population of teenagers. And she later admits in the same page that there is a dearth in information. Her study and paper truly lacks basis. She even blames parents who refuse to give their consent for their minor children to divulge their sexual experiences. As the guardian of the children's rights, the action of the parents is just but right. The program of the State "abstinence-only-until marriage" is a very good program. Encouraging children below 18 and at the same time empowering them with the knowledge of contraceptives so that they can have control over their futures. When they reach the age of 18 they can indulge in sex and be responsible for their actions. The fact that President Bush and the Senate allotted millions to the programs shows that this is the will of the elected representatives of the people. In analogy, this is the will of the people. I have observed girls aged 16 and 18. In appearance they look well developed but in terms of maturity I noticed that 16 year old girls still played children's games unlike the 18 years of age. They are insecure and lacking in self confidence. Because of these characteristics they are more prone to being used by people. They can be charmed, convinced or even threatened to do acts just to please other people or to belong in a group. They are not fully aware of the consequences of their actions nor do they care. What is important to them is that they belong and be accepted. Because of all these, I truly believe that the age of sexual consent continue to be at 18 years old. References Alan Guttmacher Institute. Relationship type, Goal, Predict Consistency of teenagers Condom, Use. Chapter 7. Fausto-Sterlin, Anne. Why do we know so little about human sex Chapter 2. Klien, M. The History and Future if Sex, Chapter 1. LiveStrong.com Retrieved November 2,2009 http://www.livestrong.com/article/12483-age-consensual-sex/ Newton, E. http://www.weblocator.com/attorney/ca/law/c17.html#cac170100 Remez, L. Oral Sex among Adolescents: Is it Sex or is it Abstinence Chapter 8 SIECUS. Adolescence and Sexuality. Journal of Adolescent Health . Chapter 6 Read More