Should society punish adults who have sex with minors?

Option 1: Consider only the ages of those involved.

Pro: One advantage to a law that prohibits sexual activity between an adult and a person under a given age is that authorities can apply it without much interpretation. Agonizing over which adult ought be to punished for having sex with a minor can be avoided. All concerned have a clear idea of whether sexual activity in a given case is permissible or not on the basis of age.

Reply: This option fails to take into account the physical and psychological maturity and the sexual history of the minor. Furthermore, it fails to consider not only whether the minor consented with the adult to engage in a sex act but also whether the minor was the first to request a sex act.

Option 2: Lower the age of sexual consent.

In Japan, for example, laws do not call for punishment of adults who have sex with youngsters--as long as the latter are 12 or more years of age.

Con: This option would encourage many who would not otherwise do so to become sexually active. More pregnancies would occur among teenage girls. And at the very least, sex would distract individuals at an earlier age from engaging in those important but not immediately fruitful activities, like education, that make important careers and satisfying later lives possible.

Con: Children lack the maturity or perspective to understand the consequences of a sexual relationship. They are more susceptible to exploitation in relationships with people who have more power, knowledge and sophistication.

Option 3: Consider the particulars of each case.

Pro: Age is not a reliable indicator of sexual maturity nor is it a reliable indicator of sexual history. Some minors have considerable experience with consensual sex.

Pro: In some cases, sexually precocious teenagers initiate sexual relationships with adults. Those adolescents may do so out of a need for affection or a curiosity about sex, but the contact between the young person and the adult need not involve deception, bribery or physical or psychological assault.

Pro: Laws may be stricter with adult men than they are with adult women regarding sexual activity involving underage members of the opposite sex. Then laws would protect girls who are underage more than underage males from sexual activity. This is justified by the risk that females would get pregnant.

Reply: This implies that young females have less freedom than young males do. Furthermore, this assumes that girls are incapable of taking precautions to avoid pregnancy or should not have the knowledge regarding or the responsibility for contraception.