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California bans child marriage, a practice still legal in 32 US states

83 points · 136 comments · dabinat

  1. NDlurker · · focus · HN ↗
    I don't get how child marriage can be legal. Like, yeah, they get permission from their parents. But does the fact that they're married negate other laws??? I mean, it's still rape. It's still like child abuse. Does marriage = emancipation?
    1. john_strinlai · · focus · HN ↗
      >I mean, it's still rape.

      im not in support of under-18s getting married, but, what?

      1. NDlurker · · focus · HN ↗
        Never heard of age of consent laws/statutory rape?
        1. BobbyJo · · focus · HN ↗
          Yes, and the laws around that align with marriage laws, so it's still a confusing statement.
        2. john_strinlai · · focus · HN ↗
          if its not statutory rape before they get married, it doesn't suddenly become it afterwards.

          and, as far as i am aware, it requires judicial approval right now. presumably, if it were a case constituting statutory rape, the marriage wouldn't be signed off.

          this isn't about 9 year olds getting married to 30 year olds.

          1. vigilantpuma · · focus · HN ↗
            Statutory rape in California is sexual intercourse with anyone under 18. It’s a misdemeanor if the age difference is less than 3 years, but a felony if the adult is 21. So yes, a lot of these marriages would, in fact, constitute statutory rape.

            That being said, the law makes an exception for married couples.

            1. john_strinlai · · focus · HN ↗
              >That being said, the law makes an exception for married couples.

              okay, so we're back to marriage != rape.

              1. vigilantpuma · · focus · HN ↗
                I was mostly addressing the “if it wasn’t statutory rape before marriage” claim. The fact is it usually would be.
            2. belorn · · focus · HN ↗
              Why does the law make an exception if the persons involved are married?
              1. em-bee · · focus · HN ↗
                because it is statuary rape even if both voluntarily participate. to punish a married couple for voluntarily having sex would be absurd.
          2. NDlurker · · focus · HN ↗
            No age limits in Guam and Saipan. Age limit of 15 in ¿Kansas? according to a page someone linked to somewhere else in the thread. Also that site claims the youngest marriage in the US since 2000 was a ten year old.
        3. [deleted] · · focus · HN ↗

          [deleted]

        4. tzs · · focus · HN ↗
          In the majority of US states the age of consent is 16 but the general marriage age is 18 so there quite a few states where you can have a child marriage without it being statutory rape.

          If anyone is curious, the age of consent in the US is 18 in 11 states: Arizona, California, Delaware, Florida, Idaho, North Dakota, Oregon, Tennessee, Utah, Virginia, and Wisconsin.

          It is 17 in 6: Colorado, Illinois, Louisiana, Missouri, New York, and Texas.

          In the other 33, and also DC, it is 16.

          It's interesting to compare to Europe. There it is:

            18 in 3 (Vatican City, Turkey, Malta)
            17 in 2 (Cypress, Ireland)
            16 in 20
            15 in 12
            14 in 14
          
          Like the US the general marriage age is 18 in most of Europe, but several countries allow exceptions for 16-17 with parental or judicial consent.
          1. em-bee · · focus · HN ↗
            wikipedia lists 18 european countries where the minimum age is 18 without exception. some of which changed that only recently.
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