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"The Individual Can . . ."

Objectifying Consent

D.H. Mader

The issue of age of consent for sexual activities has been bedevilled by the absence of any objective standards or criteria for what is meant by or involved in "consent." Despite this absence—or because of it—the social and political response has been to reach for blanket prohibitions on sexual activity by persons under particular ages—ages which have settled in the mid‐ to late teens. At the same time, the percentages of persons aged 15 and under who are sexually active in our societies indicate that young people are regularly consenting to sexual activities. Consent to sexual activity has also been a concern in relation to the lives of the cognitively or mentally impaired. In an attempt to clarify issues surrounding consent there, a significant proposal in regard to objectifying standards for consent was reported by Carrie Hill Kennedy, in her article “Assessing Competency to Consent to Sexual Activity in the Cognitively Impaired Population” (Journal of Forensic Neuropsychology 1:3, 1999), where she developed a two‐part scale for ability to consent, including twelve criteria involving knowledge and five criteria involving personal assertiveness and safety. Kennedy herself has maintained that there is no relevance for her research as applied to minors: adults have sexual rights, minors do not. However, it would seem clear that there is a certain relevance—if not in the use of a similar scale for assessing the competence of a particular minor to consent, then in generally comparing the age at which children attain the developmental level comparable with that implied by Kennedy’s five Safety standards, and using that information to critique the present, obviously unrealistic ages of consent. In relation to the Knowledge scale, the importance of sexual education becomes still clearer.

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Helmut Graupner

The basic human right to sexual autonomy and self‐determination encompasses two sides: it enshrines both the right to engage in wanted sexuality on the one hand, and the right to be free and protected from unwanted sexuality, from sexual abuse and sexual violence on the other. This concept elaborated by the European Court of Human Rights, in the light of European legal consensus, suggests that the age of consent for sexual relations (outside of relationships of authority and outside of pornography and prostitution) should be set between 12 and 16 years. In any event the age of criminal responsibility should be the same as the age of sexual consent.

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Thomas K. Hubbard

Classical Athens offers a useful comparative test‐case for essentialist assumptions about the necessary harm that emanates from sexual intimacy between adults and adolescent boys. The Athenian model does not fit victimological expectations, but instead suggests that adolescent boys could be credited with considerable powers of discretion and responsibility in sexual matters without harming their future cultural productivity. Contemporary American legislation premised on children’s incapacity to “consent” to sexual relations stems from outmoded gender constructions and ideological preoccupations of the late Victorian and Progressive Era; that it has been extended to “protection” of boys is a matter of historical accident, rather than sound social policy. Rigorous social science and historical comparanda suggest that we should consider a different “age of consent” for boys and girls.

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Dagmar Herzog

This article analyzes the evolution of sexual politics and cultures in post-unification Germany, tracing these through three stages. First is the more immediate aftermath, in the early to mid 1990s, of ostalgische consternation over the loss of what Easterners understood to be the special qualities of GDR sexual culture, analyzing this consternation in the context of the—mutually conflicting—fantasies that Easterners and Westerners had about each other, replete with Easterners' ideas about how capitalism deforms interhuman interactions and Westerners' ideas about the deformations caused by totalitarian surveillance. A second stage runs from the mid 1990s through to the early twenty-first century, and includes both the convergence between East and West on the governmental policy level and the growing similarities identified in Easterners' and Westerners' sexual habits and mores. The third stage concerns the more recent past of the last five years and emphasizes the paradoxical coexistence of, on the one hand, strong commitment (on both the governmental and popular levels) to liberal values of individual sexual self-determination and toleration of diversity and a general sex-positive climate with, on the other, tremendous anxiety about the rise of European Islam (with its purportedly intrinsic hostility to both homosexuality and female sexual independence) and about the precipitous decline of the German birthrate. Attention is also paid to the newest policy directions with regard to adolescent sexuality and age of consent laws, abortion access, and disability rights.

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Claudia Mitchell

of adolescence (in post-secondary education, for example), or in a variety of cultural contexts in which the age of marriage, the age of consent, and notions of responsibility and expectation in relation to age are contested. Indeed when is the term

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Introduction

Anthropological Approaches to the Study of Children in the Middle East

Erika Friedl and Abderrahmane Moussaoui

health. Cultural as well as legal circumstances in the age of consent in a research situation with minors make it difficult to research children’s cultural activities and ideas, and motivate anthropologists to focus on inter-family relations rather than

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Niki Megalommati

legislation, not only demanded and emphasized the consent of both spouses, but also protected the very young by punishing the seduction of girls below the age of seven: that is, the legal age of consent to betrothal. The possibility of marriage without an

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A Bridge Across the Mediterranean

Nafissa Sid Cara and the Politics of Emancipation during the Algerian War

Elise Franklin

Bourguiba Code, provided the template. The code secularized many aspects of the Islamic law and granted Tunisian women more autonomy in the choice to marry, including a minimum age of consent and an end to polygamy. 42 It highlighted the importance of women