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Originally Posted by calculoso
I think the point trying to be made is this:
Why does it have to depend on a Judge's judgement? Why not make it black and white?
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That's not the point Jolinar was trying to make.
But to address your question, I guess the issue is whether you want a blunt black and white tool that is easier to enforce, or a more nuanced tool that looks at the actual circumstances in a given case.
For example, say you have a relationship between two individuals: as of today, one is 14 and the other 19 -- that would be legal and therefore "OK". But what happens if the second individual turns 20 two months before the 14 year old turns 15?
The easy to enforce black and white tool says that the second individual suddenly goes from "OK" to a criminal, while the harder to enforce but nuanced tool looks at the actual relationship to decide.
There's not really a right answer, IMO.