Overview
- Exactly what is the age when a child becomes a competent adult? What age can our freedoms no longer by curtailed by the fiduciary responsibilities of our parents or guardians? This is one of many grey areas for which there is not an objective ‘right’ answer. Instead we must use the concept of reasonableness.
- Most countries around the world set the age at between 16-21 years old, which we could take as the reasonable range.
- Some countries in Europe set the lower end of the range at 14 but it would be reasonable to require ‘close-in-age’ rules that prevent anyone older than 17 having a sexual relationship with a 14 or 15 year old. Power imbalance clauses might also be reasonably implemented that prevent abuse of authority (e.g., teacher-student or employer-minor relationships).
- Example: If a 30 year old man had sex with a 10 year old girl, it would be a breach of the Legal Principle even if the man, the girl and the girl’s parents consented. It is not reasonable to think that a 10 year old girl is a competent adult, no matter what the local customs of that area.
