Well of course she can't consent... that's pretty obvious
My issue is with the thought experiment itself. It is a repulsive concept to imagine and discuss for the philosophical meanderings of this place and does nothing as we all know, to further discussion on matters of consent.
Its not obvious if consent means saying yes, which appears to be Jack Owens contention, what is obvious is the 12yr olds incompetence to consent
, even if they said yes.
Until you mentioned it I had only read and commented on one post relevent to the OP question`s of incompetance to consent,
by Jerry. Incompetance to consent is debate about the most henious coerced acts upone the vulnable, not just sexually perverted but non consensual acts upon the disabled and upon children and nature and animals. Moving on from distasteful subjects would mean ignoring them. I prefer an open debate about the deeper issues, it just could make people think. Which is what philosophy is.
Jeepers Creepers... Go check a dictionary. 'Yes' is consent! Done deal. And again, I say to you that a 12 year old girl cannot say yes and mean it... that's pretty obvious. Her 'yes' is incompetent because her biology is not yet at a stage to make that 'yes' meaningful.
Incompetance to consent is debate about the most henious coerced acts upone the vulnable...
No it is not... not always! And again, I have already provided an example (in the link) of where consent is questionable without their being henious acts entailed.
The photographic artist Henson likes to photograph ambiguity and transition, capturing the vulnerabilities entailed. One of his models was a 13 year old nude girl nude. The style was sexually ambiguous. He is a very controversial artist, so there is no surprise that when he showed this work, amongst others of a similar nature, he was raided by the police and his photographs were confiscated, to be returned later. There was outrage amongst the Australians which reached even to our Prime Minister who claimed he was disgusted by the work.
The child entailed could not possibly have known the consequences of her photograph, although her parents may have since they too are of the art community and know Henson.
My questions then are this... Can she knowingly consent to modelling for the art work such as she did? Since she is a minor, legally she cannot consent, she needs parental consent. So does a parent have the right to consent to art work such as Henson produces on behalf of their child?
The example of the 'horny' 13 year old is perverted and unrealistic, since it is known empirically that such children are not horny for sex. It is absurd to engage philosophically in that which is unreal and perverted in it's conception... a 'horny' 12 year old! It smacks of all things morally repugnant and makes me wonder if you men are not using this unreal example to get your rocks off. The saying... A wolf is sheep's clothing... could aptly describe this thread.
Keep it real gentlemen. If this must be about sex, use real life examples. Here are some more for you....
*In some western nations bestiality is not illegal. Can an animal consent to sex with a human?
*In Europe, one man advertised on the internet for someone who was willing to be cannibalised. This ad was answered. The meeting arranged. The victim also engaged in the eating of his own penis along with the perpetrator. Was there ever really consent?
*In the world of Domination and Submission, there are those who make a lifestyle of it, with the Submissive acting as slave to the Dominant partner 24/7 and subjected to punishments which include torture. Can the submissive really consent or are they incompetent in the first place?
*During the first world war, the armed services would use vaudeville performances to encourage men to sign up for war, engaging emotional devises and down right black mail. Sign up now Gentlemen and you will get a kiss from your favorite star. Rallied on by the stage performers and audience, men would go on stage, get their kiss and sign on to the war. Did they consent, or were they merely moved by the moment?
These are real examples Gentlemen. Keep it real. You do not need to denigrate this debate with ugly perverted concepts of 'horny 12 year old children'.