Stephen Robertson, in his
article «Age
of Consent Laws», states: «Narrowly concerned with
sexual violence, and with girls, originally, since the 19th century the age
of consent has occupied a central place in debates over the
nature of childhood, adolescence, and adulthood, and been drawn into campaigns against prostitution and child marriage, struggles to achieve gender and
sexual equality, and the response to teenage pregnancy.»
«Mental incapacity» means that condition
of the complaining witness existing at the time
of an offense under this
article which prevents the complaining witness from understanding the
nature or consequences
of the
sexual act involved in such offense and about which the accused knew or should have known.