Debate Guide: Power disparity

Youth conversing with suitors
Miniature illustration from the Haft Awrang of Jami, in the story A Father Advises his Son About Love. Freer and Sackler Galleries, Smithsonian Institution, Washington, DC.

"Power disparity" or "Unlevel playing field" argument:

"The child or adolescent is almost invariably in a position of lesser physical power and status. Considering this, any sexual contact will function only in the interests of the more powerful partner, and is therefore abusive"

1. If your intent is to use this argument to defend age of consent laws, you will have to explain the how it would apply to instances in which the youth has more financial, institutional or bargaining power than the older person. Many such examples have existed throughout history, and closer to the present.

2. We have to consider whether there is in fact a gap, and whether or not there may be power differentials on both sides. While an adult may excel in physical power, they have not a leg to stand on legally. Since they could be put in a jail cell under suspicion of unlawful sex with a minor within hours, it is the "child" who has the power invested in them by society as a result of their own perceived victimhood. So, much of a minor's power over an adult is covert in nature - we can perhaps point to Michel Foucault for examples of how this power is manifested. It could also be said in layman's terms, that most parents will know deep down that even the youngest child can always say 'no' - often in the most expressive of ways. In this instance, one would have to explain the mechanism by which a physical relationship cancels out this strength of will.

If the adult, on the other hand is using threats to subvert the minor's power, then we are witnessing a clear-cut adverse consequence of age of consent laws, and should really be considering the extent to which these laws are causing psychological tensions and harm to both parties.

3. Since we are not a savage species at the personal level, the presence of a natural power gap in no way means that it will be abused. As a child - lover (in a literal sense) a pedophile typically views sexual interaction as a means of pleasing and receiving pleasure from their partner - see any number of research articles. This is in contrast to a "situational sex offender" who might simply be taking advantage of the proximity or convenience of a minor, whilst using the taboo nature of the act to instill fear of exposure. Psychopathic crimes are of course a completely different class from the aforementioned two, and thankfully very rare. We have to recognize that in any instance, these and other abuses of power causing unavoidable physical and psychological harms in situ would remain against the law, regardless of what consent laws were on the books.

4. Finally, while it can not be excused, it no safe bet that an abuse of power will lead to any physical or psychological harm. This is something we should be happy to point out, and should continue to encourage by erasing societal stigmas. After all, children suffer in the education system and repeatedly come through beatings and bullying. In playground games (seen by developmental psychologists as crucial socializing experiences) and at bathtime for example, small children are effectively "felt up" against their will, repeatedly and in ways only deemed indefensible when certain "motives" are identified. These interactions are never seen as causing the mental torture of even small children, nor as having lifelong consequences. Thus the view that harms are inevitable is totally unwarranted and only risks becoming a dangerous, self-fulfilling prophecy.

Whilst there is a clear hypocrisy in the way we celebrate and encourage non-consensual play among/discipline of "our" children, we should also ask about the social context, i.e. are we creating the need to protect children or minors in general? The cyclical paternalism argument will help address this.

Stockholm Syndrome

Stockholm Syndrome as applied to adult-minor relationships is the absurd conclusion of the power disparity argument. This particular argument is encountered by people who argue from experience, claiming they had positive encounters with an adult as a minor. As can be seen from our accounts section, many such adults point out that they were the ones with the real power in this instance - the power of attraction and the ironic bargaining power of their own perceived victimhood.

The Stockholm syndrome argument would have to be applied to countless examples of relationships because positive recall is so common. If it were the case, our surveys and studies (see research) would suggest that a majority of boys were in some way mental captives of their "abusers".

See also

• Against: Cognitive ability - Some argue that sexual intimacy requires a level that minors have not yet reached.