Child Sexuality Act of 1996

The Child Sexuality Act of 1996 universe is an original alternative universe where adults having sexual and romantic relationships with a child is openly and legally practiced by many societies around the world. Unlike many alternative history stories, this universe does not have one specific point of divergence from our own timeline. It is rather a gradual change in the understanding of childhood sexuality. Perhaps the biggest point of divergence is the philosophy of Jesus of Nazareth’s ministry about sexuality, but there are minor divergences prior to this.

Background

General Historical Background

Ancient Greece and Rome

An erastes and eromenos

In Ancient Greece, childhood was regarded as a distinct stage of life, transitioning from infancy to adolescence. Children were seen as incomplete and underdeveloped versions of adults, requiring proper guidance and education to reach their full potential. Childhood was not romanticized, but rather viewed as a preparatory phase for adulthood. The Greeks acknowledged the natural curiosity and exploration of children, which was considered an integral part of their development. However, societal expectations promoted self-control, moderation, and the cultivation of virtues as children matured.

One distinctive aspect of Ancient Greek society was the practice of pederasty, a relationship between an adult man, known as the erastes, and an adolescent boy, the eromenos. Pederasty was not solely a sexual relationship but encompassed mentorship, education, and the transmission of cultural values. The specific dynamics and practices varied across different city-states and time periods.

It is important to acknowledge the distinctions in societal attitudes towards the sexuality of girls and boys. Girls were expected to maintain their chastity until marriage, and their sexual development was closely regulated by their families. Marriage marked the transition to womanhood and the proper fulfillment of societal roles.

The age of consent was flexible, depending on cultural and regional variations. Generally, sexual maturity was around twelve or thirteen years of age. Girls would enter marriage at this age, while boys would have a pederasty relationship with an older man. Boys would typically wed a girl when they were between eighteen and twenty-two years of age.

In Ancient Rome, childhood was seen as a distinct stage of life, characterized by dependency, innocence, and the need for protection. Children were considered morally and physically vulnerable, requiring guidance from parents, guardians, and society.

Roman law played a significant role in regulating sexual behavior and establishing the age of consent. However, there was no fixed legal age of consent. Instead, Roman law focused on different stages of development and the capacity for consent, placing responsibility on parents and guardians to ensure the protection of minors.

Education in Ancient Rome played a crucial role in shaping the understanding and expression of children's sexuality. Children received instruction in moral education, emphasizing the virtues of modesty, chastity, and self-restraint. Roman society valued the cultivation of proper behavior and the development of character traits that would contribute to a successful adult life.

Ancient Rome was known for its acceptance and prevalence of same-sex relationships, between adults, between adolescents, and between adults and adolescents. These relationships were often characterized by power dynamics and social hierarchies, with older individuals assuming the dominant role. The exploration of same-sex relationships during adolescence was influenced by cultural and societal norms, but the specific age-related dynamics varied.

Early Christianity and the Medieval Period

In the early Christian era, childhood was regarded as a stage of innocence and vulnerability. Christian teachings emphasized the moral and spiritual development of children, considering them as precious souls in need of nurturing and protection. Childhood was seen as a time of preparation for adulthood, with an emphasis on moral education.

Marriage played a significant role in regulating sexual conduct and determining the age of consent in the early Christian era. The exact age of consent varied across different regions and time periods, influenced by cultural practices and societal expectations. Generally, marriage was permitted once individuals reached physical maturity, ensuring their ability to fulfill marital responsibilities.

The early Christian Church played a central role in providing moral guidance and shaping societal norms regarding childhood sexuality. Church leaders and theologians emphasized the importance of parental guidance, moral education, and the spiritual well-being of children.

In the Medieval period, childhood was considered a distinct phase of life, transitioning from infancy to adolescence. However, the understanding of childhood varied across social classes and regions. Childhood was often seen as a preparation for adulthood, with an emphasis on moral and religious education.

Medieval society placed a strong emphasis on family and kinship ties. Parents and guardians were responsible for the moral upbringing of their children, including their sexual conduct.

In the Medieval period, marriage was often a contractual arrangement involving families and communities. The age of consent for marriage varied across regions and social classes, but it generally coincided with physical maturity. Consent, however, was often secondary to familial and societal considerations.

The legal framework of the Medieval period was diverse and fragmented. Canon law, which governed matters related to the Church, established guidelines for marriage and sexual conduct. Civil laws varied across different regions and were influenced by local customs, feudal arrangements, and societal norms.

Nineteenth and Twentieth Century

Child Sexuality Rights protest, June 10, 1972, Washington DC

The 19th century witnessed a significant transformation in the perception of childhood, with an increasing recognition of children's innocence and vulnerability. The emerging concept of childhood emphasized the need for proper care, education, and protection of children.

The rapid industrialization and urbanization of the 19th century had profound effects on social structures and family dynamics. The migration of families to cities led to new challenges in regulating and protecting children's sexuality, as they were exposed to new environments and influences.

During the 19th century, various countries enacted legal reforms to address concerns related to child exploitation and sexual abuse. These reforms resulted in the establishment of age of consent laws, which aimed to protect minors from sexual exploitation. However, the specifics of these laws varied across regions and were influenced by cultural, social, and political factors.

Victorian morality placed a particular emphasis on the regulation of female sexuality and the preservation of virtue. Girls were expected to maintain their purity until marriage, and their sexuality was closely guarded by their families. Boys, on the other hand, were often granted more sexual freedom.

Medical experts and professionals began to contribute to the discourse on childhood sexuality in the 19th century. Their views on sexual development, hygiene, and the importance of sexual education started to influence public opinion and the approach to addressing sexual matters concerning children.

The establishment of age of consent laws in the 19th century did not completely eradicate child exploitation or address all concerns regarding childhood sexuality. Ongoing debates emerged regarding the appropriate age of consent, cultural variations, and the balance between protecting children and acknowledging their developing autonomy.

The 20th century witnessed a paradigm shift in the understanding of childhood, characterized by a greater recognition of children's rights, autonomy, and sexual agency. Societal attitudes began to embrace the notion of children as individuals with their own distinct experiences and needs.

The emergence of fields such as psychology and sociology had a profound impact on the understanding of childhood sexuality in the 20th century. Pioneering researchers like Sigmund Freud and Alfred Kinsey explored the psychosexual development of children, challenging prevailing norms and fostering discussions on the topic.

The 20th century saw increased attention to sexual education as a means of promoting healthy sexuality and preventing exploitation. Educational initiatives aimed to provide children with age-appropriate information about their bodies, relationships, and consent, fostering a more informed approach to their sexual development.

Throughout the 20th century, many countries implemented legal reforms to protect children from sexual exploitation and abuse. Age of consent laws were still varied in many societies around the world. In developed countries laws for sex under the age of consent, was left to parents, guardians, religious leaders and approved caretakers (teachers and social workers, for example).

The feminist movement of the 20th century challenged traditional gender roles, leading to changes in societal attitudes towards childhood sexuality. Feminist activists advocated for equal rights, including sexual autonomy, for both girls and boys, challenging the notion that girls should be subject to stricter sexual regulation.

Important Milestones of Divergence

The Gospel of Mary Magdalene

There are five canonical Gospels in the New Testament of the Holy Bible: Matthew, Mark, Luke, John and the Gospel of Mary (also referred to as the Gospel of Mary Magdalene to clarify it is not Mary the mother of Jesus). The Gospel of Mary is eighteen chapters long. Its chapters are shorter compared to the other four Gospels. It provides accounts to the relationship between Jesus and Mary, Jesus’s teachings on the nature of matter and sin, and Jesus’s teachings of the relationship between the soul and the body.

The first chapter of the Gospel of Mary describes Mary Magdalene finding the entrance tomb of Jesus open and his body missing. It is also recounted in the Gospel of John in a similar way. These passages are not the same as in our own timeline.

Jesus kissing Mary Magdalene

Mary Magdalene went to Jesus’s tomb early in the morning, carrying spices to anoint his body. As she approached the burial site, she was filled with grief and sadness, for Jesus, her beloved teacher and lover, had been crucified just days before.

However, upon reaching the tomb, Mary Magdalene was astonished to find the stone rolled away from the entrance. Confused and concerned, she peered inside and discovered that Jesus’s body was nowhere to be found. Overwhelmed with worry and thinking that someone might have taken the body, she ran to tell the disciples.

Mary found Simon Peter and another disciple and exclaimed, “They have taken the Lord out of the tomb, and we don't know where they have put him!” The two disciples immediately rushed to the tomb, with Mary following closely behind them.

Upon entering the tomb, they saw the linen burial cloths lying there, but there was no sign of Jesus’s body. The disciples were puzzled, unsure of what had taken place. Sensing her distress, Mary Magdalene remained near the tomb and began to weep.

As she wept, Mary Magdalene stooped down and looked into the tomb once again. This time, she saw two angels dressed in white, sitting where Jesus's body had been laid. They asked her, “Woman, companion of Christ, why are you crying?”

Through her tears, Mary replied, “They have taken my Lord away, and I don't know where they have put him.” As she turned around, she saw a man standing nearby, whom she assumed to be the gardener.

The man asked her, “Woman, why are you crying? Who is it you are looking for?” Still unaware that she was speaking to Jesus himself, Mary pleaded, “Sir, if you have carried him away, tell me where you have put him, and I will get him.”

Then Jesus said to her, “Mary, my love.” Recognizing his voice, she turned toward him and cried out in Aramaic, “Habib albi!” (which means "love of my life"). In that moment, Mary Magdalene realized that Jesus had indeed risen from the dead, just as he had foretold.

Filled with immense love and awe, Mary Magdalene embraced Jesus, overwhelmed by the miraculous truth of his resurrection. They kissed each other on the lips.

Mary looked up at Jesus and said, “please share my bed with me one last time.” Jesus instructed that he could not share her bed, for he had not yet ascended to the Father.

The joy in Mary’s face began to melt into sadness. Jesus comforted her, “I long to have your body next to mine. I need to let go of earthly ways to be with my Father. We will bed again when the time comes for you to be with your Father. Go instead to my brothers and tell them, ‘I am ascending to my Father and your Father, to my God and your God.’”

Mary hurried back to the disciples, proclaiming, “I have seen the Lord!” She shared with them the incredible news of Jesus's resurrection, bringing hope and renewed faith to the hearts of his followers.

This chapter in the Gospel of Mary is the only passage in the entire Bible that mentions that Jesus and Mary Magdalene were romantically and sexually active. There is debate on whether they were married or not. Generally, conservative Christians believe they were married while liberal Christians believed they were not married.

The presence of this text influenced Christian ideology to have a more liberal view on sexuality than is present in our timeline. Catholic priests were allowed to marry. Chastity was not tightly enforced by Christian morality, but it was more loosely regulated for boys over girls. Sexuality was not seen as a conversion that you would only have in private. Both boys and girls were educated about sexuality at an early age. Different expressions of sexuality were not seen as immoral or shameful.

Child Sexuality Act of 1996

President Bill Clinton signing the Child Sexuality Act into law, January 25, 1996.

Regulation on child labor laws and the emergence of public education shaped the children rights movement throughout the 19th century and early 20th century in the United States and Europe. The role of the government to provide education for children opened the doors to schooling regardless of social and economic status. Laws were put in place emphasizing the importance of the role of education over labor in children up to the age of ten. Eventually the age was increased to thirteen, and eventually relaxed laws between the ages of thirteen up to eighteen in the early 20th century.

This also included the role of the government in sexual education. Children as young as five were given age-appropriate instruction in sexual health and well-being. The understanding between sexual abuse and sexual consent was taught at a very early age.

Age of consent laws were passed in the United States and Europe were also established and enforced in the 19th century. The age was set at thirteen and any sexual conduct at an age prior to thirteen, especially with someone older than thirteen, was made illegal. This was put in place to prevent child exploitation and abuse.

In 1963 the book The Feminine Mystique by Betty Friedan was published. The book centered on the role of women and child rearing. She argued that women were pigeonholed into the role of mother and wife and unable to fulfill career goals. She made the point that opening more educational opportunities and allowing women access to all areas of the workforce would help the mental health of both women and children. Although it didn’t directly address children’s rights, it did bring up questions around it. This ushered in the second wave feminist movement.

In the late 1960s and throughout the 1970s feminists protested the rights of both women and children. Among these demands was the rights of children’s sexuality under the age of thirteen. The belief was that age of consent laws did not consider that children physically and mentally develop at different rates. Some advocated for abolishing the age of consent laws, and others advocated that children under the age of consent should be able to be sexually active with parental consent. The latter philosophy would gain widespread acceptance among feminists.

In the early to mid 1970s, laws were passed in Europe allowing parental consent for children to be sexually active. Netherlands was the first country to enact such laws in 1970. Other European countries followed suit with all Western Europe established by 1977. The United States never adopted such laws.

In the 1980s Americans were starting to travel to Europe for sex tourism in large numbers. This has greatly affected the economy in Europe with the Netherlands being the most popular destination. The favorability of enacting parental consent laws was growing among Americans from the late 1980s through the 1990s. Favorability reached its peak in 1996 at 81%.

Congress was taking notice of this swing in acceptance amongst its constituents in the mid 1990s. The House of Representatives introduced a bipartisan bill to make parental consent legal in the United States. Even though the Republicans had a slight a majority in the House, the bill, named the Child Sexuality Act (CSA), passed 399-36 on January 17, 1996. All 36 no votes being from the Republican Party. The bill was sent to the Senate where it passed 98-2 on January 23, 1996. The two no votes were from Phil Gramm (R) of Texas and Storm Thurmond (R) of South Carolina. It was signed into law by President Bill Clinton on January 25, 1996.

Although the law centered around parental consent, it also expanded to include guardians, religious leaders and approved caretakers (teachers and social workers, for example). This was also true in the laws passed in Europe in the 1970s. The primary burden of consent rested on the parents or guardians of the child.

The CSA contained language for protecting from child exploitation by abusive parents and caretakers but it didn’t prevent it. The law had no real teeth to enforce itself. It was largely assumed that this was covered under the Child Abuse Prevention and Treatment Act of 1974. It wouldn’t be until 2004 that this language was enforced by the Keeping Children and Families Safe Act.

There has been very little challenge of the CSA by the Judicial Branch. There hasn’t been any ruling in the Supreme Court. The lower courts upheld the decision around the notion of the right to privacy. This argument has been questioned with the Supreme Court decision of the 2022 case Dobbs v. Jackson Women's Health Organization.

Stories

The First All American Preteen Pornstar by Jasmine Horus

Child Sexuality Act of 1996/The First All American Preteen Pornstar/TOC