Defining Children
This is a guest post by Ben Gunn.
Along with “paedophilia”, the term “child” has become so expanded as to risk losing coherent meaning.
In terms of child protection legislation, a child is anyone below the age of 18 years. That you can drive, have sex, get married and go to war whilst still a “child” is just to highlight our decidedly convoluted views on these matters.
Childhood was once a matter of biology. Post-puberty opened the doors to vistas of sweeping chimneys and vanishing down coal mines, proudly sporting long trousers and a waistcoat. Examine early photographs and children look like miniature adults. Some even sported pipes, and the only way to identify the father in family photos was by the walrus moustache.
In a long, stuttering reaction against the exploitation of the young, the Victorians began to redefine childhood as a legal, political and cultural artefact. It has been a bit of a mess ever since.
This reached it’s apogee with the Sexual Offences Act of 2003. This busybody Act created a raft of new offences, including voyeurism and sex in public. As well as missing out on the rave phenomena, it looks as if dogging is something else I’ll never experience…
Child protection wasn’t overlooked either. Whilst it was previously an offence to have sex with someone under the age of 16, this Act extended the prohibition to “any sexual activity”. This is much more insidious and made no allowances for the ages of all involved. School kids snogging and fumbling each other in the local park are now committing child abuse.
There is also a new offence of sexual exploitation. A prostitute aged 17 years 364 days is assumed not to have sufficient standing to make that particular career choice, all her clients are guilty of “sexual exploitation of a child”. If, in her private life, she chooses to entertain the marching band of the Brigade of Guards, however, that is all fine and dandy. As long as no money changes hands, she is deemed to be fully capable of making her own choices.
The height of this absurd convolution is the following scenario. A 15 year old boy hires the services of a 17 year old prostitute. She is guilty of underage sex, child abuse; and he is guilty of sexual exploitation of a child.
They are simultaneously held to be morally developed enough to be criminally responsible for their actions, whilst being denied the moral development to make sexual decisions.
Our ever expanding definition of childhood leads to endless contradictions and insanities. A married couple of 16 can have children, yet are too irresponsible to buy alcohol. They can film themselves indulging in the most chandelier-challenging sex but can’t rent a commercial porn DVD. Worse, if they circulated their own exploits amongst their other married 16 year old friends, they would be guilty of distributing child pornography.
Child protection is always a worthy aim. It would help, though, if we could return to first principles and define “child”, and do so in a way which is coherent and consistent.
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Ben Gunn is a widely recognised face on the prison landings, having wandered through the prison system for 30 years. Pleading guilty to the murder of a friend at the age of 14, he has consistently fought for the recognition of the inherent dignity of all human beings. As a result, he has served decades longer than expected. Ben chose the route of education to alter his life and empower himself. He specialises in conflict resolution and jailhouse law on the landings.
Ben’s Prison Blog is currently the only blog written by a serving prisoner. As British prisoners are denied internet access, Ben post via the Royal Mail and the kind efforts of friends.
Ben has served twenty years more than the tariff that was handed down by the trial judge at the time of his conviction. A Facebook Campaign, ‘Free Prisoner Ben‘, is campaigning for his release.
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Reader comments
“Pleading guilty to the murder of a friend at the age of 14…”
How does Ben treat his enemies ?
“Along with “paedophilia”, the term “child” has become so expanded as to risk losing coherent meaning”.
Ditto “racism, fascism” amongst many others. Sometimes it happens via natural progression, sometimes as a deliberate tactic to muddy coherent discussion.
Try commenting on the article, Laban…
As Ben’s not in position to respond to comments and, therefore, defend himself, any further ad-hominem remarks will go straight in the span bin.
There was a case a few years ago involving two – I think – two Dutch boys who filmed themselves having sex, circulated it to their mates, and were summarily convicted of serious child porn offences.
[I'd try and check the details but I'm a bit frightened of what the google search might throw up.]
I’ll definitely be checking out more of this guy’s writing, good post.
Like with so many things, the significance of the word child, particularly in reference to the law, requires as much semantic and philosophical understanding as does gender. I can very well understand people’s aversion to questions like what is male, what is female? as the folly of humanities students, but that these questions should be extended in law is a sine qua non.
The law is not the admittance that each act or crime is black and white, it’s a kind of template with which judges and the high court should go into their case with, then base their judgement on the circumstances. If the law was the last word there would be no reason for the judicial system; it would be that you did this, or failed to do that, therefore this and this will happen as a consequence as punishment. but that is not how it works; there are paid professionals to work out how the circumstances fit within the template (which is the law) and, importantly, how they don’t quite fit.
It may looked confused, but it is not; some examples are given by Ben. For example: A 15 year old boy hires the services of a 17 year old prostitute. She is guilty of underage sex, child abuse; and he is guilty of sexual exploitation of a child. Now if the way we approached law in this country was black and white, we wouldn’t consider the circumstances, we would just be throwing the book at these criminals (literally). The fact that this should not be the case is exactly Ben’s main charge here, which is why I fully agree.
It is not a call for Judge autonomy, far from it, but judges are paid to consider the circumstances and how they fit the law. The fact that this exemplary way of doing justice is becoming undone by flimsy interpretation of the law – Ben’s point – is itself a misjustice, and should be subject to rigorous examination.
or should I say an injustice
‘Examine early photographs and children look like miniature adults.’
So do bonobos. Good post though.
Excellent post.
I have joined the Facebook campaign to lobby for Ben’s release.
I don’t now the full story but it would seem everyone is agreed he is no threat to society and, by any normal yardstick, he has more than served his sentence.
An interesting post.
I’ve recently worked in housing, including managing a scheme for 16-18 year olds. In theory, under Every Child Matters, we should formally send a child protection report to social services when, say, an under-18 goes out, gets drunk and falls over.
If we’d worked to the letter of the legislation we’d have been sending several child protection reports every day. Obviously we didn’t, our local social services team wouldn’t have thanked us and the young people we work with would have found it hugely intrusive. We made a judgement call and reported when necessary.
That put us at risk if we got the judgement wrong. But to do what Every Child Matters requires was simply impossible and unhelpful. I think it was a mistake to extend ‘childhood’ up to 18. Between 16 and 18 young people are experimenting, taking risks, failing and learning about independent life. They’re not children and it doesn’t work to treat them as children.
It now seems that Kent police have been warned off using divisive terms and language, such as:
‘”christian name…”businessman”, “housewives” and “child”, all of which organisations argue have negative connotations. ‘
Child ?
Reactions: Twitter, blogs
- Liberal Conspiracy
Defining Children http://bit.ly/blizNb
- Unity
RT @libcon: Defining Children http://bit.ly/blizNb Fantastic guest post by Ben Gunn
- Raincoat Optimism
RT @libcon: Defining Children http://bit.ly/cZKbR7
- Mark Townsend
RT @libcon Defining Children http://bit.ly/aXADf7
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