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From Jailbird to Jailbait: Age of Consent Laws and the Construction of Teenage Sexualities


Kate Sutherland


Osgoode Hall Law School - York University

2003

William and Mary Journal of Women and the Law, Vol. 9, pp. 313-349, 2003

Abstract:     
Age of consent laws provide an obvious example of direct state intervention into the sexual lives of teenagers. But the reach of this body of law extends further than this, operating in complex and contradictory ways that generate a range of distributive effects. For example, the roles that parents and welfare officials play in enforcement decisions have an impact on broader struggles between teenagers, parents, and state officials over teenage sexual activity and sexual values. Further, in those contexts where age of consent laws do not apply or where they are not enforced, teenage sex will be left in the realm of existing power relationships where factors such as age, sex, race, and class come to the forefront. Given the multiple levels upon which they operate, age of consent laws provide an excellent vehicle for exploring the role of law not simply in the repression of teenage sex, but also in the constitution of teenage sexualities.

Number of Pages in PDF File: 38

Keywords: Age of Consent, Sexual Regulation, Teenagers, Parents, Equality, Power, Social Construction, Foucault, Legal Consciousness, Criminal Law

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Date posted: April 11, 2010 ; Last revised: May 20, 2010

Suggested Citation

Sutherland, Kate, From Jailbird to Jailbait: Age of Consent Laws and the Construction of Teenage Sexualities (2003). William and Mary Journal of Women and the Law, Vol. 9, pp. 313-349, 2003. Available at SSRN: http://ssrn.com/abstract=1586883

Contact Information

Kate Sutherland (Contact Author)
Osgoode Hall Law School - York University ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
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