European legislators’ attitudes toward childhood sexuality from the perspective of age of consent legislation

Abstract

Childhood sexuality is a culturally constructed notion, which has constantly been subjected to change. Various constructions of childhood sexuality represent different attitudes toward children's engagement in sex. As a substantial factor in regulating children's sexuality, a country's age of consent legislation is an important indicator of the national legislators' attitudes toward childhood sexuality. This study summarizes four main discourses around child sexuality, ranging from traditional constructions that solely focus on protecting the child's “innocence” to modern notions that provide more leeway for children to explore their sexuality. By juxtaposing these discourses against the current age of consent laws in 57 European jurisdictions, it appears that national law makers in Europe are still mainly influenced by the traditional construction of childhood sexuality, which results in various negative consequences. To avoid the disconnect between academic discussions about childhood sexuality and legislators' rationales for their actions, it is recommended that legislators take the latest findings in academia into account and reflect on the rationales behind their legislation.