If we accept that states can legislate a single potential outcome of the sex act, pregnancy, then we must insist states accept the responsibility for legislating EVERY potential outcome of the sex act.
In order to address the ongoing issue of abortion and other social issues created by the sex act, I propose the federal government mandate that states institute a Sex Permit and Sex Contract. If there is to be a legal age of consent, then it should be mandatory to inform individuals of the definition of consent and the legal ramifications pertaining to consent.
The Sex Permit would be required when a person reaches the age of consent in each state. The Sex Permit would require that each person be informed of and sign a document declaring their understanding of their individual rights and responsibilities for the potential repercussions of engaging in the sex act according to the laws of their state of residence.
A Sex Contract would be required each time a person accepts a new sex partner. The Sex Contract must include all of the financial and social obligations of each individual for any potential outcome of the sex act, as well as, the penalties for failing to comply with the contract. Some of the stipulations in my proposed contract go above and beyond current laws in place in each state.
While the legalities of a contract signed by a person less than 18 years of age are arguable, having the age of consent at less than 18 years of age is preposterous in-and-of-itself. If we are going to accept the premise that a 16 year old is mature enough to willingly engage in the sex act, then we must accept the premise that a 16 year old is mature enough to sign a binding contract accepting responsibility for the outcome of the sex act.
The contract will declare each individual is a willing participant in the sex act. The contract will also declare that each individual has the financial means to pay for their half of the cost of any treatment needed for potential sexually transmitted infections and/or viruses. The contract will stipulate that both parties agree on the process for dealing with a potential pregnancy so long as the decision is legal in the state of residence. The contract will further declare both individuals have the financial means to pay for their half of the costs to support a potential child to the age of emancipation, as well as life insurance should one or both of the parties become deceased before the potential child reaches the age of emancipation. This financial support includes pre- and post-natal care for the mother and the infant, food, housing, education, child care, clothing, transportation arrangements, medical care and social considerations. The contract will also state that should a pregnancy occur, no decision regarding the termination or carrying the pregnancy to term, will be made without the notification and written consent of both parties. The contract will include basic visitation rights should the parties be unmarried.
Having this contract will not only protect the female from being solely responsible for any potential child, it will also protect the male from being denied their paternal rights. The Sex Contract will also reduce the State’s burden of providing safety-nets for individuals who choose to have sex without considering all the ramifications. This permit and contract would not affect those who are already using social safety-net programs, however, it would dramatically impact the future use of said programs.
Should a person present to a medical clinic with a condition resulting from the sex act without a sex permit and contract, the individual will assume all the costs associated with the condition and will be forever barred from suing their partner for any type of support. Should a minor under the age of consent present to a medical facility with a condition resulting from the sex act, the parent of the minor will be held liable for all costs and potential legal issues.
When this program goes into effect, each person that has reached the age of consent in each state will have to sign the permit and if applicable, the sex contract, including married couples. Going forward, each person reaching the age of consent will then have to sign the permit on their birth date.
This permit and contract are binding for married couples as well. In the case of divorce involving a child or children, the binding terms of the contract are the minimum requirements the parents must meet in addition to any other requirements found necessary by the court.
The contracts must be kept in a secure, fireproof lock box for the duration of the sexual relationship and for a period of ten years following the end of the sexual relationship.
The signature of the permit and the contract must include a fingerprint, thus protecting both parties from misrepresentation of identity. In the event the individual does not have fingers with which to obtain a fingerprint, a witness must sign the permit and contract and give their fingerprint.
In states that significantly restrict access to abortion, the permit and the contract must acknowledge these restrictions and inform the parties that an unwanted pregnancy resulting from the sex act may be forced to term and inform the parties of their options should an unwanted pregnancy occur.
There are no exceptions to this permit or contract. No clauses for exemption on the grounds of religion or other personal belief, no exemption for government officials or sex workers. Even those who take vows of celibacy are not exempt.
There is no limit on the number of contracts a person can sign. There is no restriction on the choice of partners within the law.
I understand the awkwardness of signing a contract before sex. However, if the parties are not mature enough to discuss and take responsibility for the potential ramifications of the sex act, the parties are not mature enough to engage in an act that has the potential to change their lives forever.
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