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Sexual Exploitation of Teenagers"Adolescent Development, Discrimination, and Consent Law"$
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Jennifer Ann Drobac

Print publication date: 2016

Print ISBN-13: 9780226301013

Published to Chicago Scholarship Online: September 2016

DOI: 10.7208/chicago/9780226301150.001.0001

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Legal Treatment of Worldly Adolescents and Criminal Law Treatment of Unwise Adults

Legal Treatment of Worldly Adolescents and Criminal Law Treatment of Unwise Adults

Chapter:
(p.76) Chapter Four Legal Treatment of Worldly Adolescents and Criminal Law Treatment of Unwise Adults
Source:
Sexual Exploitation of Teenagers
Author(s):

Jennifer Ann Drobac

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226301150.003.0004

This chapter reviews the law’s treatment of teenagers, their “consent,” and traditional criminal law responses to the sexual abuse of women and adolescents. The U.S. criminal and civil legal systems have historically but inconsistently distinguished adolescents and adults. For example, juvenile criminal offenders are very rarely tried as adults. Similarly, juveniles should not have to accept full financial and civil responsibility for the consequences of “consensual” sex, which in many jurisdictions is labeled statutory rape. This book highlights conflicting criminal and civil laws, detailing the legal mixed message sent to adults and teenagers. While Chapter 5 focuses on the civil law response to sexual exploitation, this chapter covers the criminal law’s response to teenagers and their sexual abuse. This chapter begins the discussion of how criminal law treatment of “consent” influences civil law. It reveals that the law treats adolescent capacity inconsistently. There is no national standard.

Keywords:   statutory rape, consent, capacity, abortion, medical consent, sexual history, chastity defence, adolescent rights

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