Sweet 16
Age of Consent Should Be Raised

by Dan Jarvis

Most people who hear about the high rate of teenage sexual activity think it is the result of peer pressure—teenage boys pressuring teenage girls to have sex. While this is a problem, it is increasingly apparent that many teenage girls are having sex with males considerably older, often by 10-20 years.

To see how much trouble Michigan teens are in, just look at the numbers. The Michigan Department of Community Health estimates that minors accounted for 7,963 pregnancies in 1999, with 37 percent resulting in abortions or miscarriages. Of those minors giving birth, only 40 percent reported the father’s age. In 1999, among girls aged 10-14, 54 percent said the father was at least three years older, while 31 percent of those girls aged 15-16 said the father was over 20.

Sexually transmitted diseases are also plaguing our young people. In 1998-99, there were 1,461 new cases of gonorrhea and chlamydia reported among children 10-14 years of age. Teenagers are also one of the fastest growing populations contracting HIV. Health experts believe that most of these children, 90 percent of whom are girls, were infected by older men who engage in sexual intercourse with multiple partners and then transmit the disease to the children.

Saying “no” to predators who are older, manipulative and able to provide financial benefits is hard for adolescents. While teaching refusal skills can help, we must enhance our arsenal of weapons if we hope to curb teen sex.

Michigan can do two things to combat this “predatory sex” problem: strengthen the state’s criminal sexual conduct law governing underage sex (commonly referred to statutory rape), and tie the age of consent for sex to the legal age of marriage.

While tying the age of consent to that of marriage may seem old-fashioned and contradict much adult behavior, the law can be a teacher and tell young people that our society does not condone promiscuous behavior. More importantly, tying the age of consent to the age of marriage will put sexual intercourse in its proper context rather than establishing an arbitrary age, as if marriage and sexual relations are unrelated.

Currently, the age of consent for sexual intercourse is 16, a younger age than what is required by law for other “adult” behavior. Michigan law prohibits minors under 18 from drinking, smoking, getting tattoos or purchasing lottery tickets, yet sets the age for consent to sex at 16. In short, a minor can consent to sex, they just can’t enjoy a good cigarette afterwards.

Stranger yet, minors cannot purchase pornography, but we allow them to consent to sexual intercourse. Furthermore, when their sexual activity does result in an unwanted pregnancy, they must get parental consent to get an abortion. In all, 21 states have an age of consent higher than 16.

Age of consent laws are nothing new. Around for centuries, consent laws make sexual activity with a minor illegal, whether consensual or not. Minors are simply too young to consent knowledgeably to sex and its potential pitfalls.

Even children who are legally emancipated must abide by most laws governing activity based on age, such as tobacco and alcohol use. To achieve emancipation, a minor must demonstrate to a judge that he can manage his own financial, personal and social affairs. All of these elements are also essential to deal with sexual activity and its consequences. Legally, however, our current age of consent law considers all minors over 16 capable of making weighty decisions concerning sex.

Not only should the age of consent be raised, but stiffer penalties should also be put in place for sexual predators who are significantly older than their minor partners. Our current fourth degree CSC law has such a provision. While no law attains 100 percent compliance, all laws have some deterrent effect. The popular term “jailbait” is evidence of widespread knowledge of laws prohibiting taking advantage of minors. It’s high time to dust the term off and give it new energy.

Lawmakers should consider amending Michigan’s criminal sexual conduct laws to give adolescents more time to reach a point of maturity where they are better able to make informed choices about the consequences of sexual relationships. Our youth and our culture will be healthier financially, socially, emotionally and physically when we protect our children and put sexual activity in its proper context.

Dan Jarvis is the Research and Policy Director at Michigan Family Forum.