Age Of Consent Research Articles

Unpacking the 2-year age-gap provision in relation to the decriminalisation of underage consensual sex in South Africa

Over the past 24 years, the South African criminal justice system has undergone major transformations in relation to sexual offences, including sexual violence against children. More recently, there have been a number of developments to certain provisions in the law relating to sexual offences involving children. In response to the Teddy Bear Clinic Court Case and Constitutional Court ruling, sexual offences legislation related to underage consensual sex was amended. In this regard, the legislation now decriminalises underage consensual sexual activity between adolescent peers aged 12 - 15-year-olds. In addition, the law provides broader definitions for consensual sexual activity, including decriminalising consensual sex and sexual activity between older adolescents (above age of consent for sex, i.e. 16 - 17-year-olds) and younger adolescents (below the age of consent for sex, i.e. 12 - 15-year-olds), granted that there is no more than a 2-year age gap between them. One of the reasons for decriminalising consensual sexual activities between adolescent peers was because the expanded legislation cast the net for sexual offences so wide that the effects had far-reaching harmful impacts, particularly for girls, who would then be exposed to the criminal justice system. This paper focuses on unpacking the 2-year age-gap provision in SA legislation relative to selected better-resourced countries, including the rationale and the potential implications for adolescents (outside of the 2-year age gap provisions), for researchers, service providers and policy-makers. It concludes with some recommendations for law reform and further research.

Unpacking the 2-year age-gap provision in relation to the decriminalisation of underage consensual sex in South Africa

Over the past 24 years, the South African criminal justice system has undergone major transformations in relation to sexual offences, including sexual violence against children. More recently, there have been a number of developments to certain provisions in the law relating to sexual offences involving children. In response to the Teddy Bear Clinic Court Case and Constitutional Court ruling, sexual offences legislation related to underage consensual sex was amended. In this regard, the legislation now decriminalises underage consensual sexual activity between adolescent peers aged 12 - 15-year-olds. In addition, the law provides broader definitions for consensual sexual activity, including decriminalising consensual sex and sexual activity between older adolescents (above age of consent for sex, i.e. 16 - 17-year-olds) and younger adolescents (below the age of consent for sex, i.e. 12 - 15-year-olds), granted that there is no more than a 2-year age gap between them. One of the reasons for decriminalising consensual sexual activities between adolescent peers was because the expanded legislation cast the net for sexual offences so wide that the effects had far-reaching harmful impacts, particularly for girls, who would then be exposed to the criminal justice system. This paper focuses on unpacking the 2-year age-gap provision in SA legislation relative to selected better-resourced countries, including the rationale and the potential implications for adolescents (outside of the 2-year age gap provisions), for researchers, service providers and policy-makers. It concludes with some recommendations for law reform and further research.

Educator Sexual Misconduct: A Statutory Analysis

Educator sexual misconduct is a problem that has gained increased attention because of the high-profile cases reported by the news media. Yet, the diversity in state law regarding this offense remains somewhat unexplored. In this article, we compare and evaluate state statutory provisions regarding educator sexual misconduct; our focus is on what constitutes educator sexual misconduct, and what penalties are provided for offenders. As such, we explore the differences and similarities in statutory provisions across states in terms of the definition of child sexual assault, the age of consent, the penalties for various types of sexual misconduct perpetrated by teachers, and any requirement for registration as sex offenders. Our findings indicate that though the number of applicable statutes has almost doubled since 2010, there remains a wide variety in the definition and penalties included in those laws, and 21 states have not chosen to enact a specific law at all.

Cultural and Religious Variation in Attitudes to Young People Consenting to Health Interventions

There is a limited amount of empirical data available regarding the cultural and religious variation in perceptions about the age when young people should be regarded as competent to make decisions in health settings. A public survey of 400 adults from diverse religious and ethnic backgrounds was conducted in the UK and Spain. Attitudes were assessed using case vignettes. It was found that high religious practice was associated with recommending a higher age of consent for medical interventions. White British adults were more likely than Spanish adults to agree that younger adolescents should be allowed to consent to medical interventions. The study suggests that there is social, cultural and religious variation in adults’ attitudes regarding the age when youngsters should consent to health interventions.

Obstetric fistula policy in Nigeria: a critical discourse analysis

BackgroundIn 2012, Nigeria’s Federal Ministry of Health published its National Strategic Framework for the Elimination of Obstetric Fistula (NSFEOF), 2011–2015. The framework has since lapsed and there is no tangible evidence that the goal of eliminating obstetric fistula was met. To further inform future policy directions on obstetric fistula in Nigeria, this paper explores how the NSFEOF conceptualized obstetric fistula and its related issues, including child marriage and early childbearing.MethodsA critical discourse analysis of the policy was performed. We examined four policies in addition to the strategic framework: the Nigerian constitution; the Marriage Act; the Matrimonial Causes Act; and the National Reproductive Health Policy. We used the three phases of critical discourse analysis: textual analysis, analysis of discourse practice, and analysis of discursive events as instances of sociocultural practice.ResultsThe analysis demonstrates that, despite its title, the policy document focuses on reduction rather than elimination of obstetric fistula. The overall orientation of the policy is downstream, with minimal focus on prevention. The policy language suggests victim blaming. Furthermore, the extent to which subnational stakeholders in government and civil society were engaged in decision-making process for developing this policy is ambiguous. Although the policy is ostensibly based on principles of social justice and equity, several rhetorical positions suggest that the Nigerian constitutional environment and justice systems make no real provisions to protect the reproductive rights of girls in accordance with the United Nations’ “2030 Agenda for Sustainable Development.”ConclusionThis analysis establishes that the Nigerian constitution, justice environment and the obstetric fistula policy itself do not demonstrate clear commitment to eradicating obstetric fistula. Specifically, a clear commitment to eradicating obstetric fistula would see the constitution and Marriage Act of Nigeria specify an age of consent that is consistent with the agenda to prevent obstetric fistula. Additionally, a policy to end obstetric fistulas in Nigeria must purposefully address the factors creating barrier to women’s access to quality maternal healthcare services. Future policies and programs to eliminate obstetric fistulas should include perspectives of nurses, midwives, researchers and, women’s interest groups.

BRCA Mutations in the Young, High-Risk Female Population: Genetic Testing, Management of Prophylactic Therapies, and Implications for Plastic Surgeons.

Growing public awareness of hereditary breast cancers, notably BRCA1 and BRCA2, and increasing popularity of personalized medicine have led to a greater number of young adult patients presenting for risk-reduction mastectomies and breast reconstruction. Plastic surgeons must be familiar with treatment guidelines, necessary referral patterns, and particular needs of these patients to appropriately manage their care. Genetic testing for BRCA1 and BRCA2 is most often reserved for patients older than the age of consent, and can be performed in the young adult population (aged 18 to 25 years) with the appropriate preemptive genetic counseling. Subsequent risk-reduction procedures are usually delayed until at least the latter end of the young adult age range, and must be considered on an individualized basis with regard for a patient's level of maturity and autonomy. Prophylactic mastectomies in young adults also can serve to aid the unique psychosocial needs of this population, although the long-term psychological and physical ramifications must be considered carefully. With the development of nipple-sparing mastectomy and improvement in reconstructive techniques, risk-reducing surgery has become more accepted in the younger population. Immediate, implant-based reconstruction is a common reconstructive technique in these patients but requires extensive discussion regarding reconstructive goals, the risk of possible complications, and long-term implications of these procedures. Comprehensive, continuous support with multispecialty counseling is necessary throughout the spectrum of care for the high-risk, young adult patient.

Adolescent Agencies in the Age of Consent

Adolescent Agencies in the Age of Consent

Social Reform with a Nationalist Agenda: The Sarda Act of 1929

On September 20th 1929, the Indian Central Legislative Assembly passed the Sarda Act. The Sarda Act was the result of ongoing discussions in India in the early twentieth century that revolved around the age of consent and the age of marriage. Har Bilas Sarda, a member of the Assembly since 1924, introduced the bill in 1927 as the Child Marriage Restraint Act. In history, this bill is celebrated for improving the living conditions for women in Colonial India by addressing the potentially negative physical and social effects that having sex and giving birth could have on young girls. However, what is not discussed in history is the motivations that Har Bilas Sarda had in introducing the bill. Using primary sources, I would like to argue that the Sarda Act was part of a larger nationalist agenda espoused by a Hindu nationalist group called the Arya Samaj which aimed to restore the legacy of the ancient Hindu civilization. I will conclude by linking the themes in Sarda’s writings with the broader historical context to demonstrate that that Sarda’s motivations for campaigning for a higher age of marriage was tied to a Hindu nationalist agenda.

Book Review: Sex and Harm in the Age of Consent, by Joseph J. Fischel

Book Review: Sex and Harm in the Age of Consent, by Joseph J. Fischel

Foster Care–Importance of Transition Planning Practice-based Research: An Elaborative, Explorative Approach

Although, foster care is relatively widespread in Switzerland, the professional transition planning of the transfer of decision-making abilities, after the foster children attain the age of majority, is a topic, which has rarely been taken into account so far. However, it is important that transition planning, including all administrative, transfer of decision-making abilities, and guardianship processes, should begin at least one year before the age of majority (the age of consent in Switzerland is 18). Even so, professional transition planning is barely standardised and institutionalised yet. In this practice-based research study the current situation and the perception of the relevant groups, the need of the practice, and foster families have been analysed. Therefore, qualitative data collection methods have been used to focus on a multi-perspective approach, including that on foster parents and social workers at official municipality-level. Several relevant topics and aspects, such as applicable administrative tasks or residential issues, which are considered to be of particular relevance and therefore have to be addressed during the transition planning process, have been found. Moreover, important emotional and social aspects were identified.

A minor majority

The terms ‘age of consent’, ‘age of licence’ and ‘age of majority’ – often used interchangeably – give young adults legal and moral permission to drink, drive, vote, smoke, have sex and marry (among other rights). Depending on context, the threshold from being a minor to attaining majority – adulthood – is marked by a ritual or a ceremony, giving the threshold cul-tural as well as legal significance. But thresholds, as we already know, are places of action, movement, change … rarely comfortable or easy, and seldom precise. Drawing on the three years since the Graduate School of Architecture at the University of Johannesburg (GSA) was established in 2016, this essay traces the school's own ‘coming-of-age’ in a time of violent protest and popular uprising against an out-of-date and stubbornly Eurocentric curriculum. Whilst the issues facing young South African students – both black and white – have particular resonance inside South Africa, many of the initiatives that the school has pioneered under the banner of ‘Transformative Pedagogies’ hold meaning for the rest of the African continent. Using a mixture of conventional texts, videos, projects and transcripts, A Minor Majority details the GSA's attempts to seize both the site-specific ‘winds of change’ in South Africa and take advantage of global shifts in research culture and methodology to arrive at new insights and possibilities.

Recommendations on Arresting Global Health Challenges Facing Adolescents and Young Adults

BackgroundThe health challenges faced by young people are more complex than adults and can compromise their full growth and development. Attention must be paid to the health of this age group, yet adolescents and youth remain largely invisible and often disappear from the major global datasets. ObjectiveThe aim of this paper is to discuss the global health challenges faced by adolescents and youth, global legislations and guidelines pertaining to this particular age group, recommendations to arrest these challenges, and research priorities. ResultsMajor direct and indirect global health risks faced by adolescents include early pregnancy and childbirth, femicide, honor killing, female genital mutilation, nutritional habits and choices, social media, and peer pressure. There are no standard legal age cut-offs for adulthood; rather, the age varies for different activities, such as age of consent or the minimum age that young people can legally work, leave school, drive, buy alcohol, marry, be held accountable for criminal action, and make medical decisions. This reflects the fact that the existing systems and structures are focused on either children or adults, with very few investments and interventions directed specifically to young people. Existing legislation and guidelines need transformation to bring about a specific focus on adolescents in the domains of substance use and sexual behaviors, and the capacity for adolescent learning should be exploited through graduated legal and policy frameworks. ConclusionSustainable development goals provide an opportunity to target this neglected and vulnerable age group. A multisectoral approach is needed to bring about healthy change and address the challenges faced by adolescents and youth, from modifications at a broader legislative and policy level to ground-level (community-level) implementations.

Transgender female sex workers' HIV knowledge, experienced stigma, and condom use in the Dominican Republic.

IntroductionNot only do transgender female sex workers have some of the highest rates of sexually transmitted infections (STI), human immunodeficiency virus (HIV), and experienced stigma, they also have higher likelihood of early sexual debut and some of the lowest levels of educational attainment compared to other stigmatized populations. Some of the most common interventions designed to reduce transmission of HIV and STIs seek to educate high-risk groups on sexual health and encourage condom use across all partner types; however, reaching stigmatized populations, particularly those in resource-limited settings, is particularly challenging. Considering the importance of condom use in stopping the spread of HIV, the aim of this study was two-fold; first to characterize this hard-to-reach population of transgender female sex workers in the Dominican Republic, and second, to assess associations between their HIV knowledge, experienced stigma, and condom use across three partner types.MethodsWe analyzed self-reported data from the Questionnaire for Transgender Sex Workers (N = 78). Respondents were interviewed at their workplaces. Univariate and bivariate analyses were employed. Fisher Chi-square tests assessed differences in HIV knowledge and experienced stigma by condom use across partner types.ResultsHIV knowledge was alarmingly low, condom use varied across partner type, and the respondents in our sample had high levels of experienced stigma. Average age of first sexual experience was 13.12 years with a youngest age reported of 7. Dominican Republic statutory rape laws indicate 18 years is the age of consent; thus, many of these transgender women’s first sexual encounters would be considered forcible (rape) and constitute a prosecutable crime. On average, respondents reported 8.45 sexual partners in the prior month, with a maximum of 49 partners. Approximately two thirds of respondents used a condom the last time they had sex with a regular partner. This was considerably lower than condom use reported with coercive partners (92.96%) and clients (91.78%). Bivariate analyses revealed two trends: experienced stigma was associated with lower rates of condom use, and lower HIV knowledge was associated with lower rates of condom use. The former provides additional evidence that experienced stigma may become internalized, affecting individual-level behaviors—lowering self-confidence and resilience—making it more difficult to negotiate condom use due to lack of self-efficacy and desire to show trust in one’s partner. The latter supports public health research that suggests gaps in HIV knowledge persist and are pronounced in highly stigmatized populations.DiscussionThe vulnerabilities experienced by transgender persons, particularly in environments that vehemently adhere to conservative ideologies related to sex and gender, are significant and harm this population. These vulnerabilities could potentially be addressed through critically examining of impact of policies that indirectly promote or allow victimization of transgender citizens and subsequently diminish the effectiveness of public health and educational interventions. By taking action through the revocation of such laws, the Dominican Republic has the opportunity to improve overall population health, to protect some of its most stigmatized citizens, and to become the flag bearer of enhanced human rights in the Caribbean and Latin America.

Abstract 4267: Association of polygenic risk scores and family history with the risk of chronic lymphocytic leukemia (CLL)

Abstract Background Thirty-four single nucleotide polymorphisms (SNPs) are associated with CLL risk to-date. Moreover, family history (FH) of hematological malignancy has been consistently found to be associated with CLL, with an 8.5-fold increased risk of CLL among first-degree relatives. However, there has not been an evaluation of the interactive effects among genetic factors and FH with CLL risk. Methods We pooled data from 8 CLL case-control studies within the InterLymph Consortium (1499 CLL cases and 2601 controls). We computed a polygenic risk score (PRS), a weighted average of the number of risk alleles across the 34 SNPs, with the weights being the log of the previously reported odds ratio (OR) for each SNP. We categorized the PRS by quintiles using the cutoff points based on the distribution of all InterLymph controls (N=8228). Self-reported FH data was available for 60% of cases and 73% of controls. FH was defined as any hematological malignancy in one or more first-degree relative. Logistic regression was used to estimate ORs and 95% confidence intervals (CIs) adjusted for age, sex, socioeconomic status and study. Results The median age at diagnosis of CLL was 63 years and median age of consent was 60 years in the controls. 67% were male in CLL cases and 57% in controls. As expected, FH was associated with CLL risk (OR= 2.14, CI= 1.60-2.86). The median PRS in the cases was 0.40 and in the controls was -0.36 with the frequency of CLL cases in the upper PRS quintile as 48% while in the lowest quintile only 6%. The PRS was strongly associated with CLL risk (OR= 2.90, CI= 2.35-3.56 for upper versus middle quintile). When jointly modeling FH with PRS, a significant interaction was observed (P=0.03). When stratifying by FH, the upper quintile of the PRS had an 11.8-fold (CI= 3.97-34.8) increased risk relative to those in the middle quintile in the FH+ strata, while a 3.11-fold (CI= 2.35-4.10) increased risk was observed in the FH- strata. Conclusions Our data suggest that the PRS has a strong association with CLL risk and this association varies with FH status. Among those with FH-, the risk of CLL was 3-fold for those with many inherited variants while the CLL risk was much higher than that in those with a FH+. Studies are needed to see whether this PRS stratifies risk among those with monoclonal B-cell lymphocytosis, the CLL precursor condition that affects 5-7% of the general population. Citation Format: Geffen Kleinstern, Silvia de Sanjosé, Nicola Camp, Claire M. Vajdic, Timothy G. Call, Mark Liebow, Dennis Robinson, Neil E. Kay, Julie Cunningham, Yolanda Benavente, Alain Monnereau, John Spinelli, James R. Cerhan, Susan L. Slager. Association of polygenic risk scores and family history with the risk of chronic lymphocytic leukemia (CLL) [abstract]. In: Proceedings of the American Association for Cancer Research Annual Meeting 2017; 2017 Apr 1-5; Washington, DC. Philadelphia (PA): AACR; Cancer Res 2017;77(13 Suppl):Abstract nr 4267. doi:10.1158/1538-7445.AM2017-4267

Hidradenitis Suppurativa, Intimate Partner Violence, and Sexual Assault

Sexual assault and intimate partner violence have never been examined in individuals with hidradenitis suppurativa. The research is important, because prior studies show higher incidences of intimate partner violence and sexual assault in individuals with disabilities, and hidradenitis suppurativa meets criteria for a disability. The objective of the study is to examine whether individuals with hidradenitis suppurativa are at significantly higher risk of intimate partner violence and sexual assault compared with individuals who have acne, a recognised disability. Participants who met criteria for hidradenitis suppurativa and acne were recruited from a mid-sized university and a dermatology clinic. Participants spoke English and were over the age of sexual consent. Group (hidradenitis suppurativa and acne) differences on intimate partner violence and sexual assault were analysed. Victimisation within the past 12 months was measured using the Checklist for Controlling Behaviours, a measure of intimate partner violence, as well as the Sexual Experiences Survey-Short Form Victim, a measure of sexual assault. In total, 243 participants (n = 128 for hidradenitis suppurativa; n = 115 for acne) were surveyed. Individuals with hidradenitis suppurativa were significantly more likely to report being victimised by intimate partner violence. Intimate partner violence was more frequently observed in individuals with hidradenitis suppurativa. Health care providers should be aware of this issue when interacting with patients with hidradenitis suppurativa.

Sex and Harm in the Age of Consent. By Joseph J. Fischel. Minneapolis: University of Minnesota Press, 2016.

<i>Sex and Harm in the Age of Consent</i>. By Joseph J. Fischel. Minneapolis: University of Minnesota Press, 2016.

Inequality of Income Acquisition: The Role of Childhood Circumstances

Many studies have estimated the effect of circumstances on income acquisition. Perhaps surprisingly, the fraction of inequality attributable to circumstances is usually quite small – in the advanced democracies, on the order of 20%. One reason for this is the lack of data on circumstance variables in empirical research. Here, we argue that all behaviors and accomplishments of children should be considered the consequence of circumstances: That is, an individual should not be considered to be responsible for her choices before an age of consent is reached. Using two data sets that contain data on childhood accomplishments, other environmental circumstances, and the income as an adult, we compute that the fraction of income inequality due to circumstances in the US is over 45%, and in the UK it is over 31%.

Inequality of income acquisition: the role of childhood circumstances

Many studies have estimated the effect of circumstances on income acquisition. Perhaps surprisingly, the fraction of inequality attributable to circumstances is usually quite small—in the advanced democracies, approximately 20%. One reason for this is the lack of data on circumstance variables in empirical research. Here, we argue that all behaviors and accomplishments of children should be considered the consequence of circumstances: that is, an individual should not be considered to be responsible for her choices before an age of consent is reached. Using two data sets that contain data on childhood accomplishments, other environmental circumstances and the income as an adult, we calculate that the fraction of income inequality due to circumstances in the US rises from 27 to 43% when accounting for childhood circumstances. In the UK it rises from 18 to 27%.

‘Not Just the Ideas of a Few Enthusiasts’: Early Twentieth Century Legal Activism and Reformation of the Age of Sexual Consent

In July 1885, a reluctant House of Lords was eventually persuaded to pass the Criminal Law Amendment Bill after three years of intense Parliamentary debate and prompted by W.T. Stead’s shocking expose of the Maiden Tribute scandal. The 1885 Act finally, and controversially, settled the age of sexual protection for young girls at 16 years but this threshold would be repeatedly contested over the next four decades. Moral campaigners continually sought to exert pressure on the Home Office to reform what we now recognise as a legal age of consent. But their contradictory demands to impose repressionist measures to punish young girls for sexual immorality while simultaneously lobbying for a more protectionist stance against sexual defilement made any legislative consensus impossible. This article explores and teases out the associated socio-legal complexities of such contradictions which, somewhat ironically, served as a stark rehearsal for the passage of the Criminal Law Amendment Act 1922. An Act which did no more than simply reiterate the 1885 determination that 16 years should be the age of consent, a provision that has endured well into the twenty-first century.

Methods Matter: Tracking Health Disparities in Alternative High Schools.

Alternative high school (AHS) students are at-risk for school dropout and engage in high levels of health-risk behaviors that should be monitored over time. They are excluded from most public health surveillance efforts (e.g., Youth Risk Behavior Survey; YRBS), hindering our ability to monitor health disparities and allocate scarce resources to the areas of greatest need. Using active parental consent, we recruited 515 students from 14 AHSs in Texas to take a modified YRBS. We calculated three different participation rates, tracked participation by age of legal consent (≥18 and <18years), and identified other considerations for obtaining quality data. Being required to use active consent resulted in a much lower cooperation rate among students <18years (32%) versus those who were ≥18years and could provide their own consent (57%). Because chronic truancy is prevalent in AHS students, cooperation rates may be more accurate than participation rates based off of enrollment or attendance. Requiring active consent and not having accurate participation rates may result in surveillance data that are of disparate quality. This threatens to mask the needs of AHS students and perpetuate disparities because we are likely missing the highest-risk students within a high-risk sample and cannot generalize findings.