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The moral minefield of a boy's dying wish
www.dailytelegraph.news.com.au ^ | 21dec01 | LUCY CLARK

Posted on 12/21/2001 11:46:28 AM PST by LiveFree2000

The moral minefield of a boy's dying wish

21dec01
Is it right or wrong to grant a dying teenaged boy his wish to have sex? LUCY CLARK examines a modern ethical dilemma:

A 15 YEAR-OLD boy is terminally ill with cancer. He knows he doesn't have very long to live, and he has a dying wish. It is not to go to Disneyland or to meet his favourite actor, rock or sports star but it is this: he wants to make love to a woman.

But there's a problem – he's in hospital, he doesn't want to talk to his mum and dad about it, and having been sick and in and out of hospital since the age of 12, he has formed no friendships or relationships with girls from his peer group.

The boy, let's call him Jack, simply wants to experience what every testosterone-driven heterosexual teenage boy thinks about, allegedly, every 17 seconds. Sex.

So what does he do?

It sounds like a hypothetical situation, but this story is true and Jack is real. His heartbreaking story about death and desire came to light last month when the child psychologist dealing with Jack wrote a letter to the Radio National program, Life Matters, in which moral dilemmas are discussed by academics.

It's a fascinating topic for academic discussion: how does a minor and the people who care for him tread though the ethical and practical minefield to see that he gets such a wish?

And firstly, should he even be granted his wish?

While many of us might scream reflexively "Yes! Of course!", cautious ethicists may ask questions.

Is a 15 year-old, officially a child, intellectually and emotionally competent to make such a mature decision? Do the parents have a right to know? Should the woman involved be charged with the criminal offence of having sex with a minor? Should a prostitute be involved? Should the hospital staff help to organise something?

All valid questions ripe for discussion, but forget the academic debate. What happened to Jack himself?

Yesterday, the child psychologist – who wishes to remain anonymous – told The Daily Telegraph the rest of the dying boy's story.

He had become involved after a nurse tending Jack – the only person Jack took into his confidence – urged the boy to talk to him.

So Jack spoke to the child psychologist, who specifically deals with children dying of terminal diseases, and this was not the first time the psychologist had heard of such a wish from a teenage boy.

"He had been sick for quite a long period and his schooling was very disrupted, so he hadn't had many opportunities to acquire and retain friends, and his access to young women was pretty poor," said the psychologist.

"But he was very interested in young women and was experiencing that surge of testosterone that teenage boys have."

So Jack and the psychologist had a series of thorough discussions in which they went through every possible permutation of what might happen to him physically and emotionally so that he was "completely prepared" for the prospect of living out his final dream.

Jack's state of mind, he said, was sensible and mature and psychologically, totally competent. As he said: "Terminally ill kids get very wise, very quickly" and Jack had been sick for a long time.

The hospital staff who knew about Jack's wish at first wanted to help, their first reaction being "let's do a whip around and pay for a prostitute" but of course ethical and legal considerations stopped them in their tracks.

The psychologist also had canvassed members of the clergy, and found an interesting response: "It really polarised them, about half said what's your problem? And the other half said [the idea] demeans women and reduces the sexual act to being just a physical one.

"I just saw it as a legitimate request of a young man who wants to experience something that can do no harm."

The psychologist said that with Jack, he rigorously questioned what damage might be done to him as a result of fulfilling his wish, and the answer came up every time: none.

"Everyone's uncomfortable with teenage sex, period," said the psychologist. "Adolescents becoming sexual is enormously confronting, and a lot of people believe that kids shouldn't be sexual. But we are sexual from the womb to the tomb – that's my view.

"But ethics and morals aside, in children dying over a long period of time, there is often a condition we call 'skin hunger'."

This happens when a child, seriously ill and in and out of hospital and receiving medical treatment over a long period, yearns for non-clinical contact because "mostly when people touch them, it's to do something unpleasant, something that might hurt".

"So you ask," said the psychologist, "what was this young man wanting?

"Was he wanting a cuddle?"

Probably yes, but as his illness and its treatment hadn't obliterated his normal teenage urges, he also really wanted that consummate experience.

So without his parents knowing, and completely without the involvement of the hospital staff, and not – it must be stressed – on the hospital's premises, Jack "did engage in the act and it was everything he wished it to be".

"He was very, very happy and only slightly disappointed that it was over quickly."

"The act", his dying wish, was with a sex worker who was "organised by friends who thought it was the right thing to do". All precautions were taken, and the friends made sure the act was fully consensual and involved no abuse or exploitation.

As for the legal ramifications of such a case, "quite clearly the law was broken, but of the people involved, most didn't give a toss," the psychologist said.

And what of the parent's right to know about their son?

Jack simply didn't want to talk to them about it.

He loved them, but they are religious and he didn't want them to know. Anyway, what 15-year-old boy does want to talk to his parents about sex, even under normal circumstances?

There is also legal precedence for a minor of sufficient maturity and intelligence to be given confidential medical treatment but does sex with a prostitute count as treatment?

"Absolutely. It is absolutely part of therapy," said the psychologist, "Because it was what he wanted. People talk about a trip to Disneyland being therapeutic what's the difference? It was what he wanted."

So Jack got what he wanted, and last week, he finally lost his fight with the cancer.

 


TOPICS: Culture/Society; Editorial
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To: Jefferson Adams
So that's what I think :)

Thanks for sharing your thoughts. I was asking OWK's opinion, though, because of the comments by libertarians on this thread that they saw nothing wrong with this. This surprises me, because I thought that libertarians understood that minors are minors.

141 posted on 12/21/2001 12:41:17 PM PST by malakhi
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To: ConsistentLibertarian
What if he specifically said he wanted a depraved hooker?

I still don't think I could condone it. I've got some libertarian leanings, but this pushes the "ick" buttons for me. I'm going to have to keep thinking about this one...

142 posted on 12/21/2001 12:41:34 PM PST by NittanyLion
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To: NC_Libertarian
this has got to be among the least immoral instances of fornication I've ever heard of

Hell, I wish I coulda pitched some $$$ in...

143 posted on 12/21/2001 12:41:38 PM PST by gdani
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To: angelo
Is it 'consistent' with your 'libertarian' principles that minors can consent to sexual acts?

See my earlier post to you.

144 posted on 12/21/2001 12:41:43 PM PST by OWK
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To: ConsistentLibertarian
Who was abused and exploited?

Why, the terminally righteous, of course.

145 posted on 12/21/2001 12:41:48 PM PST by Publius6961
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To: right_to_defend
If he were my son, I'd fulfill his wish as many times as he wanted.
146 posted on 12/21/2001 12:42:44 PM PST by Savage Beast
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To: angelo
Are you asking me a legal question or a moral one? If it's a legal question, in many jurisdictions it's illegal to have sex with someone who's 15. Personally, I still wouldn't prosecute a 16 year old girl who manually gratitifed a 15 year old boyfriend the night before his 16th birthday, but people differ over how to excercise prosecutorial discretion.
147 posted on 12/21/2001 12:42:53 PM PST by ConsistentLibertarian
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To: backup
Give me the provision of the Law that prohibits "pre-marital" sex.

*sigh* Ok, but first, answer this: Do you view the New Testament as the Fulfillment of the Law, or do you not recognize the New Testament writings as scriptural (in other words, "Are You A Jew?" - in which case we could be dealing with the same issue from two completely different aspects...)

:) ttt

148 posted on 12/21/2001 12:43:44 PM PST by detsaoT
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To: NittanyLion
"I'm going to have to keep thinking about this one..." Dude, you rock. Amid all the cacophony you say you want to think? You got major mojo.
149 posted on 12/21/2001 12:44:22 PM PST by ConsistentLibertarian
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To: OWK
Thanks for a reasoned response.
150 posted on 12/21/2001 12:45:43 PM PST by malakhi
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To: Chipper
Seems to me that not wanting his parents know is hugely unlawful in the OT.

Seems to me that has nothing to do with what this thread is about...

Even if the parent's had known, you would still be claiming he "fornicated" -- that is, had "unlawful sex."

I'm still waiting for the provision of the law that made his tryst with his concubine unlawful.

151 posted on 12/21/2001 12:45:44 PM PST by backup
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To: gdani
If it's his only time, you'd want to make sure they could afford someone _really_ good. Clearly, given his low latency, they should have contracted for a set period of time rather than by the deed.
152 posted on 12/21/2001 12:45:50 PM PST by ConsistentLibertarian
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To: NittanyLion
Then I imagined being the prostitute in that room, about to have sex with a 15 year old, terminally ill kid. I can't imagine that person as anything other than depraved.

Well, I can't imagine anything directly related to the story, since I'm the wrong sex, but I can imagine the opposite.
Somewhere there is a prostitute who might remember forever something she did in her life that was actually rewarding.
And yes, I expect to see a movie about this.

153 posted on 12/21/2001 12:47:03 PM PST by Publius6961
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To: Publius6961
"Somewhere there is a prostitute who might remember forever something she did in her life that was actually rewarding." I think she should be encouraged to keep on giving.
154 posted on 12/21/2001 12:48:11 PM PST by ConsistentLibertarian
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To: Jack Barbara
I wonder if the FR reactions would change were the request for homosexual sex.

Or bestiality, or S&M, or necrophilia. What if his last wish was to rape a woman? Or murder someone? Where would they be willing to draw the line?

155 posted on 12/21/2001 12:49:24 PM PST by malakhi
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To: FormerLib
He said that he wanted to experience sex. He did. He was happy with the results. You could not possibly know that he really wanted to experience something else. His wish was for sex, and they were wise to provide it for him.
156 posted on 12/21/2001 12:50:36 PM PST by Savage Beast
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To: backup
Give me the provision of the Law that prohibits "pre-marital" sex.

(btw, Exodus 20:14 is rather explicit on the issue. Now, give me the Talmudic/Mosaic definition of "adultery," and we'll see where that goes...)

:) ttt

157 posted on 12/21/2001 12:51:24 PM PST by detsaoT
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To: detsaoT
*sigh* Ok, but first, answer this: Do you view the New Testament as the Fulfillment of the Law, or do you not recognize the New Testament writings as scriptural (in other words, "Are You A Jew?" - in which case we could be dealing with the same issue from two completely different aspects...)

Yes to your first question.

No to your second.

Not that it makes any difference insofar as this inquiry is concerned...

The N.T. prohibits "unlawful sex." Once must look to the Law to determine the kinds of sex that are unlawful.

I see prostitution, adultery, sodomy, and intercourse during menstruation.

Nothing about concubines. (Which should be obvious in light of the fact that nearly every notable character in the O.T. had some.)

(Also, nothing about lesbianism -- but that is a seperate issue.)

If you want to make some convoluted argument based on analogy and extrapolation -- pieced together from Paul's letters, Proverbs, and other sundry sources -- go for it.

However, it will be only an argument; in no way comparable to the black and white letter of the law which, to save you some searching, never condemns this boy's actions.

In light of the fact that no black&white rule exists in the bible on this subject, I am shocked to see that allend and others are so confident in their condemnation of the kid.

158 posted on 12/21/2001 12:53:14 PM PST by backup
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To: allend
wow, one sin and it's off to hell with him? Good grief!

Can't say for sure, but I wouldn't rule it out.

I would far rather go to hell than bend the knee to a God that despicable.
Lucifer's rebellion is certainly reasonable when confronted with such a pile of primordial scum.

So9

159 posted on 12/21/2001 12:53:29 PM PST by Servant of the Nine
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To: OWK
See my earlier post to you.

I did see it, thanks. Now I'm waiting for ConsistentLibertarian to respond. You gave a thoughtful answer, and recognized that there were potential problems with a 15 year old consenting to this. The other libertarians have mostly been whooping it up and saying what a beautiful thing this is.

160 posted on 12/21/2001 12:54:41 PM PST by malakhi
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