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I don't think the majority of 16 year olds are ready to have sex. I don't think a lot of 16 year olds are capable of saying no when they like someone but aren't ready to make that step. If they make that step with another 16 year old who manipulates them, nothing happens. If they make that step with anyone 18 or older, the 18 year old is open to prosecution no matter the circumstances. A one day over 18 guy being prosecuted for his almost 1 year relationship with his 16 year old girlfriend for example. (Because her parents don't like him and run down and file charges on his birthday.)
Is this fair? Probably not. The age 18 is an arbitrary limit but it's hard to say what's right. More kids are mature of enough to handle life when they are 18 than when they are 16. So, it's seems like a fair number to use. I don't think anyone wants the age to be 14, right?
Our current culture of mandatory minimums and 3 strikes laws doesn't leave much hope that prosecutions could be tailored to the situation. Once you put in an exception if the child was willing, you leave open the possibility that the child is being manipulated and doesn't want to believe that the adult is wrong or what they did is wrong. I don't know how you would determine the difference.
15 & 16 are a grey area for me but 14 just seems beyond the pale. My dad taught 8th grade for over 30 years and he saw plenty of pregnant 8th graders (usually by high school boyfriends) so obviously there is a segment of that age group having sex on a regular basis. I just can't imagine - couldn't imagine it when I was that age. It was a huge deal just to kiss someone on the lips (not French kissing).
I think the law serves a purpose but I also think that prosecutors have to take responsibility for the cases they choose to proceed with. Whatever happened to the prosecutor having a moral/ethical problem with going forward on a questionable case or a case that doesn't fit the spirit of the law?
