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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. 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.
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