Wednesday, March 25, 2015

How Old is Old Enough?

Professor J,

We see cases like the one you have referenced in your post quite often. On our city there seem to be at least two or three per semester.

While I see the point you are trying to make and agree with you that the life of this teacher may not need to be ruined, I don't think it's quite as harmless as you make it out to be. Young women (I'm struggling to use the term in reference to a 14 year old which I would still consider to be a girl) can indeed think for themselves and make numerous decisions about the things you outlined.  While a man (or woman) of 22 may not have "sorcerous powers of charm and persuasion" he (or she) is likely to have a good deal of knowledge about the world and much more experience than someone so much younger. Especially between the ages of 14 and 22 I would say that it isn't the years of difference that matter, but how much personal growth, experience, and knowledge is gained during those particular years. 

Sliding the proportionate ages down to 10 and 18 makes it a bit less tolerable because the difference in the amount of appropriate knowledge on both sides of that equation seems more pronounced. 

Neither do I think that a girl is more of an adult or likely to make better decisions because she has gotten her period. In most of these stories the adult claims that the sexual acts were "consensual" but between a 14 year old student and 22 year old teacher there is probably a fine line between consent and coercion.

While I don't think this teacher needs to (necessarily) be labeled a sex offender, someone should be asking whether or not he should be left in charge of such young students and as you point out that could easily be handled by the administration. 

The problem with all these cases (and lots of law in general) is that there is no room for nuance or the exceptional. It's not unthinkable for the girl to actually be the aggressor in such a situation, but it isn't likely. Lolita is a salacious story because she's unusual. A law must be written down and defined. It's a constant problem then, isn't it? What about the remarkably mature 13 year old or the mentally challenged 20 year old? The law must deem some age to be appropriate which means that on paper it looks as though a magical maturity is reached overnight on this birthday or that. Not just for consensual sex but for smoking, drinking, and even marriage.

I would question the decision making skills of the man here. Twenty-two years old with a college degree and (I'm assuming) a teaching certificate means he would have likely understood the situation and all that he had to lose. It makes his judgement questionable at the very least. We also don't know if this was a pattern of behavior or a poor choice in a particular situation. Again, the law doesn't allow for the difference between something contrived and premeditated or the result of a momentary weakness. In a perfect system all these things would be taken into account. 

I do take issue with one part of your post more than the rest: you seem to be hinting (I know you'll correct me if I'm wrong ;)) that we are at the mercy of our desires and urges. It is here that you lose me completely. We expect people to overcome their evolutionary biology with reason and rational thought every day. I'll be the first to admit that it is easier at some times than others, but the situation this fellow finds himself in wasn't just thrust upon him by his desires no matter how natural and pleasurable they may be. If we expect a 14 year old girl to know her own mind well enough to take control of the situation and say no, how much more should we expect if of him? 

Age and experience (not to mention a position of authority) make him the more responsible party here. But I'll agree with your overall point of the extreme and perhaps permanent label may be overkill. 

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