On the Federal Age of Consent: A Reply to Alan Dershowitz

Sometimes an argument tells you more about the man making it than the subject he claims to be discussing.

“The greatest burden a child must bear is the unlived life of its parents.”
— Carl Jung


“Chronologically I know you’re young,
but when you kissed me in the club you bit my tongue.”

— Loudon Wainwright III, “Motel Blues”

Note: In On the Safe Space (aka Corner Girl), I wrote about the interior rooms we protect — the places where selfhood gets built without interruption or performance. This piece is about the larger boundary: the one society owes to the developing self.

Opening
Alan Dershowitz has a way of wandering into arguments that look like legal questions but are really psychological ones. Back in 1997, he argued that statutory-rape laws were “an outdated concept,” a position he has never meaningfully walked back. It wasn’t a constitutional insight then, and it isn’t one now — it’s an ethical fog of his own making, clever on the surface, a little out of control underneath, and surprisingly indifferent to the actual developmental reality of adolescence. I’m not a lawmaker, and I’m not pretending to be one. I’m simply an adult who has spent decades in and around schools all over the world, watching young people grow into themselves — slowly, unevenly, beautifully. And from where I stand, there’s nothing arbitrary about protecting the forming self from the fantasies of adults who should know better.

Thesis
Bodily autonomy begins with the smallest choices — what you eat, what you refuse, what you allow into your system. Anyone who has ever fought for control over diet, appetite, or health knows that dignity is never abstract. It lives in the body first. Food, sleep, sex, presence, touch — these aren’t lifestyle accessories. They are the basic architecture of selfhood.

And that’s why autonomy matters.
Not as a slogan.
Not as a political hashtag.
But as the ground of being human.

People like Dershowitz talk about age-of-consent laws as if they’re philosophical puzzles, as if desire and authority rise from the same level floor. But bodily autonomy doesn’t work that way. It has requirements. Preconditions. A forming self needs time, scaffolding, protection — the freedom to grow into decisions that will define a lifetime.
Bodily autonomy is the core of human dignity.
And dignity requires a federal age of consent set at 18 — with room for close-in-age relationships, but no room for adult fantasies about adolescent equality.


Ethical Architecture


Autonomy isn’t a mood or a vibe. It’s a developmental achievement — the slow process of learning to inhabit your own body without needing permission, without coercion, without fear. Emotional regulation, impulse control, identity formation, consequence mapping — none of that arrives early.

I learned that early with food. When I was fourteen, I wanted to become a vegetarian. My mother didn’t approve, and at one point tried to enlist a doctor to shut it down. Decades later, it’s still not funny to me. It was my first glimpse of how threatened adults can feel by a young person’s bodily autonomy — even when the stakes are seemingly mild.

If this is true about diet, something reversible and lower-stakes, it is infinitely truer about sex, where the stakes shape a lifetime. This is why age-of-consent laws exist: not to police sexuality, but to protect the dignity of someone whose selfhood is still under construction.

Psychological Layer

Adults love to project adulthood backward — to imagine that adolescents are simply smaller, louder grown-ups. But when an adult looks at a teenager and sees “maturity,” they are seeing their own desire reflected back at them. It’s projection disguised as equality.
And that’s the shadow: the part of the adult that refuses responsibility.
When an adult insists “adolescents know what they want,” what they’re really saying is:
“I want them to know what I want.”
Desire is real.
But consent requires architecture.
Adolescents feel everything — intensity, longing, hunger, embarrassment — but they don’t yet have the scaffolding that turns feelings into sustainable decisions. They’re still learning how to hold their boundary, which means adults must hold it for them.
Layer on top of that the baked-in authority of adults — teachers, coaches, mentors, older partners — and it becomes obvious that any adolescent “yes” is distorted by fear, approval-seeking, and conditioning. That’s not consent. It’s compliance.
The danger is never the adolescent’s feelings.
The danger is the adult’s refusal to be an adult.

Policy Layer
I’m not talking about university students and professors. That’s not my area. I work in a high school; I work with adolescents. My authority such as it is is rooted in those spaces.

And there are practical reasons for setting the line at 18 that have nothing to do with purity politics. Eighteen is already the age of legal majority — the moment a person can sign contracts, make medical decisions, join the military, lease an apartment, and carry full responsibility for their choices. Consent belongs in the same category: it requires structural independence, not just emotion.

Before 18, almost every part of life is mediated by adult authority; after 18, the power balance shifts. A federal standard removes the patchwork of loopholes and state-by-state inconsistencies that predators rely on. And for the record, I support lowering the federal drinking age to 18. I’m not arguing for innocence. I’m arguing for dignity — and dignity requires autonomy, not surveillance, and certainly not adult desire dressed up as philosophy.

Close-in-age exceptions protect real relationships. They do not protect adults who want to pretend a teenager is their peer.

Why It Matters Now

Silence used to feel like neutrality. It doesn’t anymore. I’ve been in and out of high schools around the world — Tokyo, Kyoto, Singapore, China, Southeast Asia, North America — and I’ve seen enough to know that adolescents today are more exposed than ever. More pressure, more surveillance, more chaos, more online distortion.

Adults can either disappear into clever hypotheticals, or they can show up. The world is louder now than it was in 1997. More invasive. More demanding. Adolescents have less room to breathe, to fail safely, to grow without an adult’s shadow pressing against their outline.

That’s why I’m saying this aloud.
Not because I enjoy the argument.
Because silence, at this point, feels like complicity.

Closing

At some point adulthood has to mean something. Not moralism — responsibility. Adults hold the boundary. We don’t collapse it when it’s inconvenient or reinterpret it because we prefer a clever argument. Adulthood is the willingness to carry the weight of our power without pretending it isn’t there.

Which is why Dershowitz’s old argument still bothers me. It treats adolescents like abstractions in a constitutional seminar instead of actual forming selves. And you don’t need to mention Epstein or anything else to see the flaw — you only have to hear the tone. A man brilliant enough to win a debate in his sleep, is nonetheless a little off-the-hook. Dershowitz is strangely pre-occupied with farmer’s market battles, and often more enchanted by the elegance of the puzzle than the dignity of the child.

But here’s the thing:
I’m not coming for art.
I like Loudon Wainwright. I love “White Winos.” I like “Motel Blues,” even with its sideways energy. Songs are allowed to be messy. Human desire is allowed to be messy. And if the girl in the song is legal and in the club, then that’s that. Adults can make mistakes, write about them, sing about them, and turn them into something worth listening to. That’s art’s job.
But real life is different.
Real life has a boundary.
The line between adolescence and adulthood isn’t drawn to stifle desire.
It’s drawn to protect dignity — the child’s dignity, yes, but also the adult’s. A clean boundary keeps everyone honest. It keeps projection from rewriting the story. It keeps the shadow in check. It keeps the music in the music, not in the courtroom.
A federal age of consent at 18 is not about purity or panic.
It’s about clarity.
And clarity is what lets adulthood do its actual work.
Because the truth is simple:
I can enjoy Loudon’s songs, raise an eyebrow at his more questionable moments, and still believe absolutely in a boundary that protects adolescents until they’re ready to stand on the same ground as the adults around them.
Art can be blurry.
Ethics can’t.
And adulthood — the real kind — knows the difference.

Dedication
For the forming selves,
and for the adults who finally decided to act like adults.

Why It Is So Hard to Get Breakfast in Japan (with a dream cameo from the Gemini Donald Trump)

New Note (2025): Since this piece was first published, Japanese Breakfast the band has gotten even bigger, Michelle Zauner wrote another book, and the cultural universe has shifted enough times that some aspects of this essay may be outdated. I’ve kept the original text intact because the dream-logic and breakfast-logic still stand.

I live in Kyoto, Japan, and after many years here I’ve traveled pretty widely—especially in the greater Tokyo area. Traveling in Japan is pretty easy as long as you can manage a little spoken Japanese and read a train map. The trains are famously efficient and connect most of the country, including every major city.

I haven’t driven a car here in more than fifteen years and don’t miss it at all. Trains and taxis get the job done just fine. Overall, I love traveling in Japan and I love exploring Tokyo, a city that contains worlds within worlds. I have almost no complaints about Japanese travel.

Except for one.

It is nearly impossible to get a good breakfast—or really any breakfast—when you’re on the road.

Now, it’s not that Japanese people don’t eat breakfast. They do. The archetypal morning meal—rice, miso soup, maybe a little fish—is as recognizable in its way as the “full English” of sausages and beans. But the Japanese breakfast is overwhelmingly a home operation. Once you’re traveling, the options narrow to two—two and a half, if we’re being generous.

I. The Hotel Breakfast

Mid-price and nicer hotels usually offer a breakfast buffet with “Japanese” (rice, miso, maybe grilled fish) and “Western” (toast, jam, and some ambivalent eggs) selections. Except at the truly top-tier hotels, these buffets manage to be both overpriced and bad. A traveler is lucky to escape for ¥1,500–¥1,800 (about fifteen dollars before the yen weakened), and more commonly pays north of ¥2,000 for a pretty uninspired spread.

Budget hotels often don’t offer breakfast at all.

In my experience, Japanese hotel breakfasts are among the weakest anywhere in the world. I take this as symptomatic of a broader truth: Japanese people simply don’t care about breakfast when they’re on the road—and maybe not all that much at home either.

II. The Convenience Store (“Combini”) Breakfast

When I have raised the issue of the lack of decent breakfast in Japan, Japanese people usually point me to the convenience store. And it’s true: you can purchase food and coffee at any of the ubiquitous combinis—Family Mart, 7/11, Daily, Lawson, and the rest. They’re open 24 hours, and they stock a range of items that theoretically qualify as breakfast. Hard-boiled eggs, yogurt, rice balls, steamed buns, fried chicken, sometimes bananas, and of course hot and cold coffee.

I’ve certainly been in situations where I had no choice but to fall back on the combini for breakfast while traveling. And this is…fine, to an extent. But most combinis have nowhere to actually sit and eat, and in any case you can’t really call a combini breakfast nice.

Most Japanese folks seem to regard a combini breakfast as perfectly acceptable—desirable even. And while one can admire the low expectations, or the cultural pragmatism behind them, it’s possible to admire those qualities and still wish for more.

III. Starbucks or a Local Coffee Shop

Starbucks are fairly common in major cities and usually open at 7 a.m. (if you’re lucky) or, more commonly, 8 a.m. They should really open at 6. The food offerings are overpriced, and Starbucks has never truly figured out its food—which remains baffling. Still, one can grab a few combini items and smuggle them in, or settle for a four-dollar fragment of quiche with your Americano. I would not classify Starbucks as having breakfast, per se, but they are pleasant enough to sit in, and one can create a simulacrum of breakfast there.

Then there are the local coffee shops. These, fortunately, often open at 7 a.m. or even earlier, and serve strong coffee—often brewed by hand at the counter with a drip filter—and a breakfast that nearly always consists of a single piece of white toast and an egg. White toast, egg, and handmade coffee with old guys reading the paper around you is, I admit, at least an approximation of breakfast, and I have certainly relied on this setup while on the road.

But it’s still not quite what we are looking for if we want a hearty, balanced breakfast. There is no French toast, no fruit bowl, no omelette, and only very occasionally a strip of bacon. None of the staples one might reasonably expect from a decent, full breakfast.

And that’s more or less the list. You can also find 24-hour beef-bowl restaurants, but they are cheap as and not exactly the sort of thing you look forward to when greeting the day. Beyond that, most restaurants simply don’t open until 11:00 or 11:30 for lunch. The concept of brunch—dicey even under ideal circumstances—barely exists outside the swankiest of upmarket hotels.

It is, put bluntly, really hard to find a proper breakfast in Japan unless you make it yourself. And that fact continues to puzzle me. I understand that most people here eat rice and miso at home, or grab something at the convenience store. Fine. But metropolitan Tokyo has roughly 30 million people. None of these 30 million want a real breakfast at 7:00 or 7:30 a.m.? Not even a few hundred thousand?

It seems incomprehensible. And yet, incomprehensible or not, this is simply the reality. There is no broad Japanese market for breakfast. I mean, I’m in the market—but apparently one man does not a demographic make.

Go figure.

Now, I’ve covered the issue of Japanese breakfast—its scarcity, its odd cultural positioning—to the best of my ability. But before we move on, I want to add a few details that may seem unrelated. Let’s see if we can get them to connect.

Because the truth is, I dream about getting breakfast in Japan. And in a surprising number of these dreams, the Trumpster shows up.

More precisely: the dreams focus on the fact that the Trumpster and I share a birthday (June 14th), which makes us both late Geminis. Late Geminis, I have good reason to believe, are uniquely dangerous and slippery. But in my dreams the Trumpster isn’t dangerous at all. He shows up as basically an empty suit.

Trump/ Breakfast Dream I:

I am at a breakfast buffet in Japan. This is at a hotel that I am not staying at, and I may indeed be attempting to crash the buffet while masquerading as a hotel guest. Trump is there with an entourage, and he sees me staking out the buffet. I make a comment to him that we are both late Gemini, and he nods, curtly but with some minimal consideration. He sees me trying to steal the breakfast, does not care, and would probably provide cover if it came to that. He and I are not aligned, but nor are we enemies.

Trump/ Breakfast Dream II:

I am outside in the morning, standing on a dock or something of that nature. I am looking for breakfast, and not finding it. There is a commotion above me to the east, and I realize that Trump is being rolled out, literally on like coaster wheels, for a speech. He is on some kind of sliding seat and when this seat hits the balcony he stands up and postures about like Mussolini. I am watching and he sees me watching, but continues with his Mussolini act. I realize quickly that this is a total act and that he doesn’t even want to be there. He is not dangerous in this moment or in this speech, just faintly ridiculous. Still, no breakfast.

=====

What do Trump and breakfast have to do with one another? I’m not sure yet. But I do know that Trump, although maligned by nearly everyone I know (I know a bunch of liberals), and apart from being an egotistical, mafia-adjacent, easily flattered, shape-shifting sociopath, is also pretty funny. Before I lose half of my readership, I’ll just nod to the comedian Shane Gillis, who made this point several months after Trump left office.

Has enough time passed that we can admit Trump was funny? Can we finally admit that he was funny? (…) He was funny (…) I saw it. I’d show my friends I’d say look at that. They’d be like “what?”

“It’s funny.”

“There’s nothing funny about Donald Trump.”

I don’t know, during Hurricane Dorian he was like “maybe we should nuke it” (…) Like that was a real suggestion from the President (…) “Hey we got a big storm coming, you want me to blow it up?”

They were like “no, what the fuck are you talking about?”

“I don’t know, I fuck around dude. It’s what I do.”

“I fuck around, it’s what I do,” is a great summary of Trump’s whole approach to governing. Now, is there anything funny about his terrible immigration policies, his attempted pressure of the Georgia secretary of state to “find” 1800 votes, his total disregard of democratic norms? No, not really. But is there anything funny about his speculation that maybe a little light and a little bleach could cure COVID? Why yes, there is. Is there anything funny about his noting that Frederick Douglas is getting bigger and bigger these days? Yes indeed. Is the way he pronounces “huge” funny? It’s funny to me anyway. And in my dreams, the two above being part of a series of about four or five total Trump breakfast dreams, he always shows up as semi-defanged, basically neutered, and non-dangerous. I think this is because, as a fellow late Gemini, I kind of have Trump’s number. It takes a late Gemini to know one, and I know this guy. In fact, I see right through him, to the extent that I know he’s not even there.

One other salient piece of data, there is an indie rock band called Japanese Breakfast that is getting bigger and bigger these days (they tell me “sir, this Japanese Breakfast is getting bigger and bigger these days, and I say look at that, wow, this Japanese Breakfast is really getting huge”). I don’t know them that well, but they sound like the kind of band I would like. I do wonder though if their name is not an ironic nod to the fact that Japanese breakfast is not a thing. Is the band name self-effacing, or even self-erasing? Does Japanese Breakfast the band exist at all? Does Trump? There is a way in which the Trump presidential term has come to feel like a fever dream or collective delusion, a set of events that cannot really have occurred as we recall them. In this sense, the Trump presidency may in the future be subject to Phantom Time Hypothesis speculation. And he and his handlers have already played right into this speculation what with their first lady doubles, the totally unhinged press conferences with the ubiquitous helicopter waiting in the wings, and the classic Trumpism, “we’ll see what happens.”

Here is what I think. Japanese Breakfast as a band exists. The Trumpster exists, but his wife spent most of her time in the White House being doubled. Trump and I are dream doubles, and I have his number. Japanese people don’t care about breakfast. And I am always starving at around 9 AM when on the road in Japan. Someone should look into the matter. I hear the Trumpster is free these days, maybe he’s the guy for the job.

Note: If you enjoyed this piece, you may also like the pieces below which also deal with American politics, albeit from a slightly different angle.

https://thekyotokibbitzer.wordpress.com/2025/11/25/on-the-federal-age-of-consent-a-reply-to-alan-dershowitz/