Science and consent

["Steven J. Ondersma, PhD" <s.ondersma@xxxxxxxxx>]

There are two issues here, the conflation of which is behind a great
deal of confusion and ill will.  First, there's the issue of whether or
not one can legitimately study relations between two variables, in this
case, a child's answer to whether or not they agreed to a sexual act,
and a measure of that child's adjustment.  The answer to that is yes, of
course, one can study relations between and among any operationally
defined variables and who knows, it could be interesting, even
enlightening.  Scientists are and should be free to do this.  

Second, there is the issue of whether or not children can provide
informed consent to sexual acts with adults.  This is a question that
perhaps in some ways can be informed by science, but it can never be
decided by science:  it is a matter of societal mores, more akin to
jurisprudence and philosophy than to research.  Society has in fact come
down quite clearly on this issue, and considers children incapable of
providing informed consent to sex with adults, participating in
research, receiving medical care, purchasing tobacco or alcohol, signing
a lease or mortgage, etc. 

These two issues belong to entirely different spheres.  Thus, attempting
to prevent a scientist from studying relations between two variables out
of moral concerns is wrong.  Studying those relations and assuming that
they say something conclusive about informed consent, or assuming a
contrary position on the informed consent issue and wrapping it in the
guise of science, is also wrong.  Scientists are and should be free to
study whatever they choose, but they are not free to use science as a
means with which to advocate for a particular ideology.           

______________________________
Steven J. Ondersma, PhD
Assistant Professor--Research
Merrill-Palmer Institute
Wayne State University
71 E. Ferry Ave.
Detroit, MI  48202
Phone:  (313) 872-2706
Fax:  (313) 875-0947
Email:  s.ondersma@xxxxxxxxx 
 

-----Original Message-----
From: owner-CHILD-MALTREATMENT-RESEARCH-L@xxxxxxxxxxx
[mailto:owner-CHILD-MALTREATMENT-RESEARCH-L@xxxxxxxxxxx] On Behalf Of
John M Price PhD
Sent: Tuesday, December 18, 2001 8:07 PM
To: Child Maltreatment Researchers
Subject: Re: Sibling Sexual Abuse

On Fri, 14 Dec 2001, Rob Newell wrote:

> Rachael,
> 
> I have a problem with your constructs.  For example, you define incest
has 
> "non-consensual interaction...."  Are you saying the "consensual"
sexual 
> interaction between children is not incest...is not abuse?  If so, how
are 
> these constructs different...theoretically as well as clinically?
Also, 
> what is the theoretical rational for your "near-siblings" construct,
etc., 
> as raised by others on this list?  Moreover, given that children, by
virtue 
> of being children, cannot give consent in a legal sense, is there
really any 
> such thing as "consensual" sexual interaction between children?

>From the perspective of the child, yes, of course.  If you want to
remain
constrained by legalities, and not seek to look at the behavior, perhaps
the term 'assent' would be better.

Children are indeed capable of saying that they want or don't want a
particular haircut, dinner vegatable, part in a play, or to be involved
in
games.  That we don't have laws demanding fully informed legal consent
for
these activities should not negate the fact that the kids wanted to do
it
or not.  That same rule should apply here.  In fact, categorization of
this sort will likely be extremely interesting especially with regard to
any ill effects, providing they are left alone by psychotherapist who
wish
to remake their past to fit the therapists' own ideas about consent,
right, wrong, and play.

I also note the following from an APA brief regarding abortion:


Psychological theory and research about cognitive, social, and moral
development strongly supports the conclusion that most adolescents are
competent to make informed decisions about important life
situations....  In fact, by middle adolescence (age 14-15) young people
develop abilities similar to adults in reasoning about moral dilemmas,
understanding social rules and laws, and reasoning about interpersonal
relationships and interpersonal problems....  By middle adolescence most
young people develop adult-like intellectual and social capaciies
including specific abilities outlined in the law as necessary for
understanding treatment alternatives, considering risks and benefits,
and
giving legally competent consent... [Additionally,] there are some
11-to-13-year-olds who possess adult-like capabilities in these areas.

APA Amicus Curiae to SCOTUS (1989) cited in (p. 41):
Rind, B., Tromovitch, P. & Bauserman, R. (2000) Condemnation of a
scientific article: A chronology and refutation of the attacks and a
discussion of threats to the integrity of science.  Sexuality & Culture,
4(2) Spring), 1-62.


-- 
John M. Price, PhD
jmprice@xxxxxxxxxx
Life: Chemistry, but with feeling!      |      PGP Key on request or
FTP!
Comoderator: sci.psychology.psychotherapy.moderated          Atheist#
683