ABSTRACT

This chapter explores contradictory legal consciousness around the phenomena of statutory rape and early marriage, which may or may not co-occur. An important conceptual distinction is that the law frames these phenomena as categorical harms. Consent is not possible under the age of 18, and the legally defined age of marriage is 18. By contrast, the population understands harm to be situationally defined. In other words, these acts are not inherently harmful but certainly can be and can be the source of disputes. This reflects the legal consciousness theme of disconnect in harm naming, where the law does not map onto worldviews and experiences but still becomes a part of legal consciousness. This in turn shapes the different logics of justice that people choose to engage with to address harms or disputes around adolescent marriage or sex with a minor when they arise. This in turn plays a role in the development of legality at the local level. Finally, this chapter also considers changing practices in these areas as stemming, not from top-down legal reform, but from emergent local dialogue around these practices.