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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, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 28 July 2021

The Evolution of Conflicting Law in California and Perhaps Beyond

The Evolution of Conflicting Law in California and Perhaps Beyond

(p.159) Chapter Eight The Evolution of Conflicting Law in California and Perhaps Beyond
Sexual Exploitation of Teenagers

Jennifer Ann Drobac

University of Chicago Press

This chapter consolidates the information from prior chapters to examine the evolution of criminal and civil laws in California cases and how those laws often conflict in their treatment of adolescent “consent.” By examining the Starbucks and Donaldson Doe cases and additional case precedent, Chapter 8 highlights an evolutionary path that may be occurring in other states. It demonstrates how the American common law system preserves legal mutations that may disadvantage vulnerable teenagers. This chapter also shows how legal precedent from Title VII cases spills over into the Title IX jurisprudence discussed in Chapter 9. Chapter 8 discusses expert testimony regarding “consenting” teenagers in sex abuse cases. It introduces the distinction between adult situational offenders and preferential predators. Chapter 8 explains how, from California to New York, laws fail to protect minors and treat their “consent” inconsistently.

Keywords:   actual consent, legal consent, forcible rape, statutory rape, california law, situational offenders, preferential predators, child sexual abuse

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