The QC argued that Tavistock patients think more about sex and identity than ordinary children, and an 11-year-old “who did not know what an orgasm or erection was would not be deemed capable of consent”.
This point is central.
An 11 SHOULD NEVER fully understand what it is to have an orgasm from having sex.
No child under the age of 13 should be having sex. Because they can't consent.
And if they are its a safeguarding concern - even if they are having sex with someone of a similar age. Because they lack the full understanding and ability to deal with the consequences.
It put kids from a vulnerable background in a position where they could be deemed more able to make a decision, when in reality its a reflect of a lifestyle in which they have been exposed to things they shouldn't rather than a comment on their ability to understand what this really means.
Children who have had sexual relationship at this age should be the ones that raise red flags about an unstable background with perhaps inappropriate boundaries. They should be the ones you worry about more in terms of making such a life changing decision at that age, not the ones you green light first.
Children living in an adult world who do not have the capacity to deal with what they are being exposed to, might well show signs of distress about their own bodies and sexual identity. Precisely because its a presentation of immaturity rather than maturity.
That the Tavistock don't understand that is troubling to my mind.
We have a very sad recent history of abuse scandals in this country in which young girls have been framed as sluts who knew exactly what they were doing, rather than young girls who were very vulnerable, didn't fully understand what was happening and felt powerless about what was happening to them. And no agency or authority spotted this issue and stepped in to help this girls reclaim their boundaries and own agency and control over their bodies. Instead they were shamed and the agencies became almost complicit with the idea that the girls were not only willing participants but were actively seeking this lifestyle. They didn't see the problems that lay behind because they forgot to question the maturity and ability of these girls to assert themselves in situations that were way beyond their years to deal with. They didn't have the language and understanding to realise that they were being raped and to convey this to adults who should have understood this problem, and should have asked questions.
The Tavistock as an agency, I fear is in danger of making a similar type of mistake, because its not asking the appropriate questions and mistakes experience or knowledge for understanding or genuine maturity.
This is especially true given we know there is a sizable issue with the influence of social media and online forums which share information, which kids pick up but don't necessarily comprend. And also are also not necessarily fully accurate and may have unduly influenced a child in terms of ideas of 'social belonging' within a group and distorted ideas of whats 'normal'.
Not only that but the idea that teenage sex is the same as a sex in an adult sexual relationship is another that is a fallacy too anyway. And its a very important part of becoming a young adult that you learn the difference.
I find the whole idea that an authority of this type can suggest that an 11 year old can make life changing decisions about having children rather bizarre. If an 11 year old rocked up to the doctor and said 'I want to have a baby now before my 12th birthday, please can I have the relevant information about how we can get pregnant quicker and what my birth plan options could be'. No one would say that an 11 year old would be capable of making sure a decision with a level of maturity which fully understood the implications, yet here we are discussing how they can make decisions which might lead to to having to go down the road of IVF or surrogacy or adoption later in life - all of which are emotionally and/or physically difficult.
Thats fundamentally different from a 11 year old who accidently found themselves pregnant (and there would be safeguarding questions asked) and was in need of medical advice and support to cope with a situation which could be lifethreatening in a child of that age because their body isn't fully developed.
The logic is baffling, as is how far removed from what safeguarding concerns there should be at the Tavistock.
I am watching the case aghast and with a great deal of anxiety over how it will conclude and what the implications of the ruling may be.
I only hope that the judges are looking at it and have similar concerns and fully understand why the law on the age of consent is written as it is.