Rights, Responsibility and Adolescence: Rethinking the Age of Criminal Responsibility in Consensual Relationships

  • Shweta Jain and Dr. Maneesh Yadav
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  • Shweta Jain

    Research Scholar, Ph.D. (Law) at College of Law and Legal Studies, Teerthanker Mahaveer University, Moradabad, Uttar Pradesh, India

  • Dr. Maneesh Yadav

    Professor at College of Law and Legal Studies, Teerthanker Mahaveer University, Moradabad, Uttar Pradesh, India

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Abstract

The paper discusses the disagreements over current legal frameworks imposing criminal responsibility on sexual partners of the same age for engaging in sexual relations with adolescents, arguing that age for criminal prosecution needs reconsideration. This research presents both a legal perspective supported by scientific findings from psychology and developmental science area. To its credit, it examines variations in the legal benchmarks across different jurisdictions and how they affect adolescents. Moreover, it discusses contemporary theories that highlight cognitive-emotional and social development that occurs at the stage of adolescence, and thus, doubting the adequacy of current legal age limits. The study reveals critical harms and repercussions that emanate from the criminalization of consensual relations within young persons, including stigmatization, psychological harm, and long-term impacts on schooling and employment opportunities. The legal arguments presented to support the conclusion call for a balanced, strong legal environment that protects adolescents from prohibited risk-takers while also recognizing their rights to assume teens’ enhanced capacities for risk. The study emphasizes the need for developmental science and psychology research in legislative reform strategies, particularly focusing on age issues. It recommends changes to the legal system to ensure fair handling of cases, citing the recognition of adolescence as a pre-adult stage, which can be easily amended to improve juvenile protection and rights. It warrants reconsideration to address the issues of justice, fairness, and rights of adolescents in handling consensual relationships not criminal under the given age of criminal responsibility. Thus, the current research work can be regarded as a significant contribution in the context of contemporary discourse on legal reform with presenting an in-depth discussion coupled with policy implications drawn from the findings.

Keywords

  • Adolescent rights
  • criminal responsibility
  • consensual relationships
  • legal reform
  • social growth

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 903 - 925

DOI: https://doij.org/10.10000/IJLMH.1110489

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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