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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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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 25 June 2022

Becoming Wiser

Becoming Wiser

Public Policy, Developing Capacity, the Law, and Legal Assent

(p.212) Chapter Ten Becoming Wiser
Sexual Exploitation of Teenagers

Jennifer Ann Drobac

University of Chicago Press

Chapter 10 explores legal reforms for sexual harassment law. It suggests “legal assent” as a substitute for adolescent “consent.” This proposal affords teenagers the chance to revoke their “consent” when an adult behaves abusively, takes unfair advantage, or breaches a duty owed to that minor. This approach contemplates that adults will treat minors with care, as would a fiduciary, and will refrain from sexual activity with minors. A minor’s revocation mimics the operation of traditional contract law defenses such as unconscionability, undue influence, and duress that work to invalidate contracts. Once the adolescent abrogates the assent and the court confirms the abrogation, a court must prohibit or exclude any further discussion of the original “consent.” Chapter 10 provides greater detail regarding this proposed legal reform.

Keywords:   legal assent, revocation of consent, abrogation of consent, best interests of the child, age of consent, strict liability, legal reform, elders

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