Rights, Responsibility and Adolescence: Rethinking the Age of Criminal Responsibility in Consensual Relationships

The paper discusses the disagreements over current legal frameworks imposing criminal responsibility on sexual partners of the same age for engaging in sexual relations with adolescents, arguing that age for criminal prosecution needs reconsideration. This research presents both a legal perspective supported by scientific findings from psychology and developmental science area. To its credit, it examines variations in the legal benchmarks across different jurisdictions and how they affect adolescents. Moreover, it discusses contemporary theories that highlight cognitive-emotional and social development that occurs at the stage of adolescence, and thus, doubting the adequacy of current legal age limits. The study reveals critical harms and repercussions that emanate from the criminalization of consensual relations within young persons, including stigmatization, psychological harm, and long-term impacts on schooling and employment opportunities. The legal arguments presented to support the conclusion call for a balanced, strong legal environment that protects adolescents from prohibited risk-takers while also recognizing their rights to assume teens’ enhanced capacities for risk. The study emphasizes the need for developmental science and psychology research in legislative reform strategies, particularly focusing on age issues. It recommends changes to the legal system to ensure fair handling of cases, citing the recognition of adolescence as a pre-adult stage, which can be easily amended to improve juvenile protection and rights. It warrants reconsideration to address the issues of justice, fairness, and rights of adolescents in handling consensual relationships not criminal under the given age of criminal responsibility. Thus, the current research work can be regarded as a significant contribution in the context of contemporary discourse on legal reform with presenting an in-depth discussion coupled with policy implications drawn from the findings.    

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Publication Details

Published
2024-09-20
DOI
https://doi.org/10.53555/kuey.v30i1.8114
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
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article

Rights, Responsibility and Adolescence: Rethinking the Age of Criminal Responsibility in Consensual Relationships

Shweta Jain
15 links
Criminal Justice and Corrections Analysis
article

Rights, Responsibility and Adolescence: Rethinking the Age of Criminal Responsibility in Consensual Relationships

Shweta Jain
article en

Abstract

The paper discusses the disagreements over current legal frameworks imposing criminal responsibility on sexual partners of the same age for engaging in sexual relations with adolescents, arguing that age for criminal prosecution needs reconsideration. This research presents both a legal perspective supported by scientific findings from psychology and developmental science area. To its credit, it examines variations in the legal benchmarks across different jurisdictions and how they affect adolescents. Moreover, it discusses contemporary theories that highlight cognitive-emotional and social development that occurs at the stage of adolescence, and thus, doubting the adequacy of current legal age limits. The study reveals critical harms and repercussions that emanate from the criminalization of consensual relations within young persons, including stigmatization, psychological harm, and long-term impacts on schooling and employment opportunities. The legal arguments presented to support the conclusion call for a balanced, strong legal environment that protects adolescents from prohibited risk-takers while also recognizing their rights to assume teens’ enhanced capacities for risk. The study emphasizes the need for developmental science and psychology research in legislative reform strategies, particularly focusing on age issues. It recommends changes to the legal system to ensure fair handling of cases, citing the recognition of adolescence as a pre-adult stage, which can be easily amended to improve juvenile protection and rights. It warrants reconsideration to address the issues of justice, fairness, and rights of adolescents in handling consensual relationships not criminal under the given age of criminal responsibility. Thus, the current research work can be regarded as a significant contribution in the context of contemporary discourse on legal reform with presenting an in-depth discussion coupled with policy implications drawn from the findings.    

Gender equality
Openalex Percentile: Top 71%
Criminal Justice and Corrections Analysis
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