Age of consent

[undyingking]

I went to see State and Main the other day (showing as part of the campaign to save the Ipswich Film Theatre) and was struck by something I hadn't really thought much about when I saw it when it came out in 2000.

Comments

[bateleur]

I get the impression that the UK is a bit ahead of the curve on policing child sex offences (qv. IWF comments on the subject).

The black/white vs. slippery slope thing is a bit of a red herring IMO. Where a child really does mature early and becomes sexually active but nobody gets hurt, the crime simply doesn't get reported. It's the same as speeding in that respect: having an inflexible law which is sometimes stupid can be a good thing or a bad thing according to how sensible the police are in selecting cases to pursue.

the crime simply doesn't get reported

[undyingking]

Unless a third party, eg the child's parents, finds out about it and doesn't approve. (Which was the situation with Graham Rix, or so the gossip had it IIRC.) But yes, good point. My feeling about this sort of law though is that if there's a lot of variation in how it's applied, there's a danger of it falling into disrepute, as it eats away at the sense of "the law's the law". With speeding we seem to have a fairly broad national consensus that you won't get done for speeding by a certain amount, but if one or two forces decided to start being extra strict or extra lax it would be potentially dangerous for everybody, as it would upset the general judgement of safety.

Re: the crime simply doesn't get reported

[brixtonbrood]

Bear in mind that for non-motor crimes it's the CPS that makes the call not the cops, which should make for more consistent application.
How old is the girl in the film?

the CPS that makes the call

[undyingking]

Aha, so it is, that's not so bad then! I suppose though in the US situation, with individual state prosecutorial apparati (I don't think it's a federal offense?), the variability problem may be present. Then there's the Mann Act to further cast ridicule on the whole area.

Her age isn't stated, but the age of consent in Vermont (where it's set) is 16. Julia Stiles was 18 when the film was made, so she looks pretty mature for a max-15-year-old.

[undyingking]

Sounds boring!

[wimble]

In light of the new anti-abortion law, the US would have an increasing problem with attending the aftermath of such a thing. What happens if she gets pregnant? It's the sort of thing that "gritty British dramas" love, but Americans seem to want the bright lights of Disney.

Obviously, that's a characture. But that doesn't make it entirely untrue.

Lots of planets have a North - Not the USA (admittedly, they have slums everywhere, rather than having a specific region)
and "Britain - The goth of the film industry"

[undyingking]

Mm. I don't suppose it'll be too long before there's a test case...

[leathellin]

I'll say this and then wait for Kauket to pop up and correct me..

The Sexual Offences Act 2003 does differentiate between sex with an underage person between the ages of 13 and 16 and under 13, they're both illegal but they are different offences with different 'punishment' ranges. Over 13 there is a defence of reasonable belief that the child was over 16.
It also differentiates between offences by those over 18 and under 18 for example -
"It is important to note that these sections are designed to protect children, not punish them unnecessarily or make them subject to the criminal justice system where it is wholly inappropriate. Young people should not be prosecuted or issued with a reprimand or final warning where sexual activity was entirely mutually agreed and non-exploitative."

[undyingking]

Aha, I was aware of the latter point but not the former. I wonder what sort of thing is admissible as evidence of reasonable belief?

[pmarrow]

I'll be interested to hear about it, pity I couldn't get to it. I'll try to get to the next Sunday film.