Here is an interesting case in the Utah Supreme Court, reported by the Denver Post:
“The only thing that comes close to this is dueling,” said Associate Chief Justice Michael Wilkins, noting that two people who take 20 paces and then shoot could each be considered both victim and offender.
And Chief Justice Christine Durham wondered if the state Legislature had intended the “peculiar consequence” that a child would have the simultaneous status of a protected person and an alleged perpetrator under the law.
The comments came in oral arguments on a motion asking the high court to overturn the finding of delinquency – the legal term in juvenile court for a conviction – against Z.C., who became pregnant after she and her boyfriend [13 and 12, respectively] engaged in sex in October 2003.
Ah, yes, that old system of “judicial combat” where two people consent to put each other in grave danger and let “chance/God” sort out the risks. For what it’s worth, I thought I should point out that American dueling did not end because of legislation or legal action:
Anti-dueling ordinances also failed to stop the flow of blood. Duelists ignored or evaded such laws. […] By the time of the Civil War, dueling had begun an irreversible decline, even in the South. Not surprisingly, public opinion, not legislation, caused the change. What once had been a formal process designed to avoid violence and amend grievances had deteriorated into cold-blooded murder. People at last were shocked by it, and they showed their disdain. It may have been too late to save Alexander Hamilton. But if American was to become a truly civilized nation, the publicly sanctioned bloodshed would have to end.
Maybe this is a silly question but do Americans consider it more “civilized” to prevent people from having consentual sex, even at an early age, or to allow them to engage and take their chances? Seems like recent evidence suggests tackling the economic considerations (building opportunities, as well as providing education about risks and mitigation) is a more successful route to address this issue rather than trying to craft complex laws with strict enforcement of abstinence through sex criminalization.