March 9, 2021

What is lawful is irrelevant to what is good — and detestable

For consent, power matters a lot, and having years-more of adult, autonomous experience over another person — and likely the privileges of autonomy that experience brings — is a critical form of power.

This is why, below a certain age, we talk about assent but not consent. It’s why older people who care about these things know how to swerve much younger people even if they’re initially attracted to them, just like responsible sober people swerve someone when they realize that person is drunk or is going through a mental health crisis.

It’s not about what the law says or a person can expect to get away with; it’s about recognizing that power imbalances change what a relationship can be, precluding the sort that involve peers.

This all extends to lots of other areas: a supervisor, a landlord, a teacher, wealth; but because of the way our society is structured at present, age tends to correlate heavily with a lot of these other dynamics in addition to just having practice manipulating others.

The liminal space of adolescence is not matched by the law with its sudden divisions of “adulthood”, and the fact that the law justifies some abominable thing should mean nothing to anyone who doesn’t worship the state.

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