Their critique of your work seems to be based in a reading -- perhaps a misreading -- of the part in your book that deals with age of consent laws. I'd be interested to know how you arrived at the arguments you make for abolishing age of consent laws, and how that would apply to the pedophilia controversy plaguing the Catholic Church.
What age of consent laws are about is criminalizing consensual relationships. Statutory rape is the prosecution of a consensual sexual relationship; if it were non-consensual, it would be prosecuted under regular rape laws, which, I am here to say, are the greatest thing in the world.
What I say is that it is possible for teens to tell the difference between coercion and consent, and that most statutory rape prosecutions have to do with conflict within the family over the sexual lives of their children, most often their teen girls or gay boys. Trying to adjudicate or deal with those conflicts in the context of criminal law -- which only recognizes a perpetrator and a victim, guilt and innocence -- is really a primitive instrument for trying to figure out how young people can have relationships of true consent.
The priest situation is a perfect example of how sexuality always exists inside a culture. It can be a local culture like the Roman Catholic Church, or it can be a national culture, like Afghanistan. In that culture, you have secrecy about sex, you have prohibitions against homosexuality, and, most important, you have the requirement of complete obedience to authority. Those would be among the worst conditions under which any person, young or old, could be involved in a truly consensual relationship. The most important thing to look at is the conditions under which a person -- whether adult or teenager -- engages in sexual behavior that may be harmful to that person. It's not sexuality itself that is the problem.
That's also true when we return to the question of statutory rape law: What conditions would allow, say, a teenage girl to negotiate equally in a relationship, any relationship? I think she needs to feel good about her own desires, and also to be able to stand up for her own limits. She needs to have a life that's rich in other things -- like friends, and community and school. In general, young teenagers who have sexual relationships with adults also have other troubles going on in their lives, though it's not necessarily true 100 percent of the time.
The Dutch law has been brought up a number of times, and I've been attacked for saying that I support something like it. This law covers the ages 12 to 16: Anything under age 12 is considered sexual abuse, and above 16 is considered the age of sexual consent. [Under the Dutch law, children between the ages of 12 to 16 have "conditional" sexual consent; i.e. sexual intercourse is legal, but they or their parents can press charges if they feel they are being coerced.]
In the United States, if we were to have such a law, it might not begin as young as 12; we may not say 16 is the age of consent. But the really important principles underlying that law are the two most important principles, in my opinion, that one must consider in dealing with childhood sexuality: On the one hand, it respects that teenagers and young people have sexual desires, and that they can make autonomous decisions about their own sexual expression; on the other hand, it recognizes that children and teens are weaker than adults and are therefore vulnerable to exploitation by adults, so the law also protects them from that exploitation. And of course, that balance will shift depending upon the age of the child.
A lot of the examples you raised in your book of consensual sexual relationships between teens under the age of consent and persons who were considered to be adults, dealt with couples who were not that far apart in age. In one couple, the girl was 13 and her boyfriend was 21; another example you raised was of a 16-year-old girl and her 18-year-old boyfriend. Is there any case in which you would feel that the age difference alone would be indicative of a coercive relationship? Perhaps if the couple is, say, a 13-year-old and a 35-year-old? Or a 16-year-old and a 45-year-old?
There is a social worker named Allie Kilpatrick at the University of Georgia who did very nuanced and in-depth interviews with several hundred adult women about their childhood and teenage sexual experiences. When I asked her this exact question -- "Does age have any effect on their actual experience?" -- she said, "No." Having said that, I would reiterate that if a 13-year-old is having a relationship with a 35-year-old, I would say that that sexual relationship is probably symptomatic of other things going on in that person's life, which is the thing that would be most important to me.
So at that point, would you say that, rather than criminalizing the relationship, you intervene in other ways to break off the relationship, such as by talking to the child, or sending them to counseling?
If I were that 13-year-old's mother, I would intervene, yes. I would be worried about it. Would I be able to stop her if she were intent on doing it? Other than locking her in her room, I wouldn't be able to. But I would hope that I would be able to offer her something of what she is looking for from that 35-year-old. And if not me, perhaps it would come from some other adult in her life.
I think it's obvious that if a young teenager is having an affair with a much older adult, he or she is looking for some sort of a parental relationship more than a sexual relationship. You see this a lot with homeless kids, who have what they call "survival sex," where they trade sex for a shower, or a night in a bed instead of sleeping under a bridge. What they need is that bed, that adult companionship, and that shower.