India Supreme Court rules sex with child bride is rape

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xenoview's picture
India Supreme Court rules sex with child bride is rape

India still allows child brides, it's 2017. I guess it's some progress if they have made having sex with a child bride rape.

http://www.bbc.com/news/world-asia-india-41578800

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Keith Raye's picture
All non-consensual sex should

All non-consensual sex should be treated as a crime. Anyone who is not legally an adult should be regarded as incapable of giving consent. The punishment for rape should be a harsh one, because it's as much a crime against personal choice and freedom as slavery is, and probably far more psychologically damaging.

CyberLN's picture
I'm curious. What, in your

I'm curious. What, in your and others' opinion, should the legal age of adulthood be? Should that status be based on age alone? If not, what else should be considered? Should there be cultural considerations?

Keith Raye's picture
@CyberLN

@CyberLN

Are we talking about the age of legal sexual consent, or the age of majority? Or Both? My personal opinion is that the two should be the same. And no, there should not be any allowances made on any grounds whatsoever. Although it's true that some people mature faster than others, you can't reasonably base law on that. It has to be by age.

CyberLN's picture
I concur on the point about

I concur on the point about maturation.

What age do you think is reasonable?

There's just so much to consider, though. Should it be ok for, say, two 16 year olds but not for a 60 year old Edith a 16 ear old? What about folks who would be considered below average intellectually?

Keith Raye's picture
I'm not sure that 16 is the

I'm not sure that 16 is the right age. I think 16 year olds don't have sufficient life experience to make judgements on such matters. But on the other hand, you have to balance that against the principle of freedom of choice and expression. The question of how would that apply to persons with mental disabilities is one that I'm not qualified to answer, but I think there might be people who could. Id like to see the age of legal sexual consent and majority to be the same and it's one very big question as to what that age should be. I'd rather see the age of sexual consent raised to 18 than majority lowered to 16. The question of sexual consent between minors is another matter and another very tricky one. Does anyone else have any views on those questions? And I'm not going to get into debate with theists on this. I want to hear from other atheists.

CyberLN's picture
Interesting...it's a much

Interesting...it's a much bigger question, I think, than it appears to be on the surface.

xenoview's picture
Think that India needs to ban

Think that India needs to ban child brides. It needs to end all child bride marriages, and throw the husbands in jail for rape. Then India needs to make the legal age for marriage 18 years old.

Keith Raye's picture
@xenoview

@xenoview

That's another good point you've raised there. We actually have three variables:

The age of majority -( below which a person is a minor )
The age of consent to marriage.
The age of legal sexual consent.

Would it be better if those permissions were all to be given at the same age?

xenoview's picture
Keith Raye

Keith Raye
I agree that all three should be the age of 18.

California Girl's picture
@Keith Raye

@Keith Raye

Good question. I think the 3 should be the same, for simplification reasons. As to what specific age that should be is difficult to determine. 18 seems to be the majority age for almost everything, at least here in the US, so I would probably go with that. As a kind of related side note, I hate that the government can send 18 year olds off to war, but yet stop them from enjoying a drink until they're 21. Stupid IMHO.
As for sexual consent for minors, that's a slippery slope. I want to say that as long as both parties do truly consent, there should be no legal ramifications. Just because 1 partner might be 18 and one might be 16 should not mean that the older one can be put in jail. But then you have creepy adult paedophiles who would coerce a young child into saying they consented, when really they didnt. Good question to ponder.

Keith Raye's picture
Thanks everyone for your

Thanks everyone for your comments. I hold the view myself that law cannot be valid unless it applies to everyone, therefore there can be no exceptions. The seduction of a minor by an adult should be regarded as rape, even where the minor appears to consent because the law should state that a minor cannot give consent. As to the question of sexual contact between minors, the realistic view is that this is going to happen. So the question then becomes, can we regard such contact as rape? My answer is no, because neither of them can legally give consent. That doesn't mean that what they've done is right, of course. Maybe we could reduce those instances through honest and open sex and relationship education?

There is another point too, that's worth thinking about. There's no reason I can think of why minors should not have a loving and affectionate relationship with each other, so long as that doesn't involve penetrative sex, because, quite apart from the psychological damage that might be caused by non-consensual sex at any age, the greatest danger is the possible birth of unwanted children, or children with whom the biological parents are simply not equipped to cope.

RANJEET's picture
@xenoview

@xenoview
Well I am from India and I would like to tell you that Indian Constitution and Indian penal code already have laws about legal age for marriage . 18 for girl and 21 for boy

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Keith Raye's picture
@Peaceful Warrior

@Peaceful Warrior

We don't get many people from your part of the world here. It would be good to have contact with more of you. All are welcome to express their views here and it would be interesting to hear the views of Hindu and Bhuddist.

xenoview's picture
Peaceful warrior

Peaceful warrior
Then why does India still have child brides?

California Girl's picture
I'm from the US, but from

I'm from the US, but from what I've read on this topic, I believe the Indian laws are difficult to enforce in rural areas. Not sure if there is just too few police to monitor and enforce the laws there, or if it's kind of like the US 'good ole boys' where the law breaking is just overlooked. I've read also that many times the rural folks lie to police about whether a minor is actually married or not, in instances when the law does question things.

Will be interested to hear PW's thoughts.

RANJEET's picture
@xenoview

@xenoview
illiteracy and religious beliefs are the reasons for child brides and such things are happening only in rural areas, villages.

@California Girl

You're right we don't have sufficient police force and the reason behind this is politics and corruption
https://m.timesofindia.com/india/Only-106-cops-per-1-lakh-Indians/articl...

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