Debate Guide: Cognitive ability = consent: Difference between revisions
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Revision as of 13:39, 1 October 2008
- "Children/Minors have not yet reached an adequate level of cognitive development to engage in sexual activity. They cannot consent because of this."
This argument relies on the assumption that sexual intimacy is really something so complicated and hard to master that it requires maximal cognitive ability. It is actually a rather basic human pleasure, that requires only a little taboo-free education. After that, sexual touching can be virtually risk-free.
It could also be ageist to describe the cognitive abilities of children as inferior. Why not an alternative conception of a young person's abilities as best adapted to their age, needs and level of knowledge? Remember that IQ tests were set by western adults and tended to classify the learnings and innate abilities of successful western older people as superior, whilst neglecting other virtues.
Also, using your logic, why should we not bar geriatrics, people with low IQs and the mentally ill from sexual pleasures as well? Indeed, using such logic, age of consent laws would be called into question, as it is the "cognitive ability" of partners that matters - not the age. Therefore, it would be "sensible" to propose laws against sex with people of "low intelligence" or prepubescents. A test could be set for pubescent children, or age restrictons could be replaced altogether by capability tests and assault laws.