Age of consent: Encyclopedia - Age of consent

Age of consent

In criminal law, the age of consent (AOC) is the age at which a person is considered to be capable of legally giving informed consent to sexual acts with another person. In most jurisdictions, the Age of Consent is violated when an adult has intercourse with an individual who has not reached that jurisdiction's AOC. In other jurisdictions, the AOC is a minimum age for any type of sexual conduct, and two minor participants can violate a jurisdiction's AOC. The crime and penalties for an AOC violation varies based on jurisdiction, the age of the older actor and the difference between the two actors. Charges may range from a relatively low level misdemeanor such as "corruption of a minor" to statutory rape (which is considered equivalent to rape, both in severity and sentencing.) Some jurisdictions have a second age of consent that is relevant in situations when the adult actor is in a position of authority over the minor (affecting teachers, coaches, principals, health professionals, police officers, family members.)

The age of consent should not be confused with the age of majority or age of criminal responsibility, and in some jurisdictions, the marriageable age differs from the age of consent.

The age of consent varies widely from jurisdiction to jurisdiction, though most jurisdictions in the world today have an age of consent between 14 to 18 years, but ages as young as 12 and as old as 21 also occur. The relevant age may also vary by the type of sexual act or the gender of the people concerned.

Age of consent - Social and legal attitudes

Social and legal attitudes towards the appropriate age of consent have drifted upwards in modern times; while ages from ten through to thirteen were typically acceptable in the mid 19th century, fifteen through eighteen had become the norm in many countries by the end of the 20th century. Calls for the age of consent for heterosexual sex to be lowered are largely unheard of outside of US, with a typical age of 14 to 18.

Sexual relations with a person under the age of consent is in general a criminal offense, with punishments ranging from token fines to life imprisonment. In the United States this offence is frequently called statutory rape, though outside the United States other names are more commonly used (e.g. "carnal knowledge of a person under sixteen years").

The enforcement practices of age of consent laws tend to vary depending on the social sensibilities of the particular culture. Often enforcement is not exercised to the letter of the law, with legal action being taken only when a sufficiently socially-unacceptable age gap exists between the two individuals, or if the perpetrator is in a position of authority over the minor (e.g. a teacher, priest or doctor). The sex of each participant also influences perceptions of an individual's guilt and therefore enforcement. Not only is enforcement more likely in the case of a larger age gap, but in the US at least, laws are becoming more explicit about prohibiting sex between youngsters and authority figures, even when sex would otherwise be legal.

That the relationship was consensual is not in general a defence to having sexual relations with a person under the age of consent; however, there are some defences: common examples include a limited mistake of age defence and a defence of similarity of age. A mistake of age defence is that the accused mistakenly believed the victim was not under the age of consent; however, where such a defence is provided, it is normally limited to apply only when the victim is above a certain age. Such a defence becomes stronger if the accused can show due diligence in determining the age of the victim.

A defence of similarity of age is that the difference in age between the accused and the victim was fewer than a certain number of years. Another defence is often marriage, for those jurisdictions where the marriageable age is less than the age of consent.

Age of consent - Extraterrioriality

Increasingly the age of consent laws of a state apply not only to acts committed on its own territory, but also acts committed by its nationals and/or inhabitants on foreign territory. Such provisions have been frequently adopted to help reduce the incidence of child sex tourism.

• In the United States the PROTECT Act of 2003 (signed into law on April 30, 2003) authorizes fines and/or imprisonment for up to 30 years for US citizens or residents who engage in illicit sexual conduct abroad. For the purposes of this law illicit sexual conduct includes commercial sex with anyone under 18, and all sex with anyone under 16. Previous US law was less strict, only punishing those having sex either in contravention of local laws OR in commerce (prostitution); but did not prohibit non-commercial sex with, say, a 14 year-old if such sex is legal in the foreign territory.

• France allows the prosecution of its own citizens on rape charges for sex with minors under 15 abroad even if it was legal with respect to the local jurisdiction. The same applies to Germany if the minor is under 14.

• For inhabitants of the Netherlands it is a severe crime to have sex with a prostitute under the age of 18, or any person below 16, anywhere in the world. If a foreigner has had sex with someone under the age of 16 or a prostitute below 18—even if this was legal—and if this was done at a time that it was already illegal in the Netherlands, he or she becomes a criminal when immigrating to the Netherlands.

(See also Universal jurisdiction; the effective age of consent may be the highest of those corresponding to the list in Applicable jurisdictions.)

Age of consent - Age of consent for homosexual and heterosexual sex

Frequently, jurisdictions provide differing ages of consent for heterosexual and homosexual intercourse. Most often, the age of consent for heterosexual and female homosexual intercourse is lower than the age of consent for male homosexual intercourse. The gay rights movement has been attempting in many places to establish an equal age of consent regardless of the sex of the partners; this has resulted in many jurisdictions adopting a common age of consent, though conservatives have frequently and successfully opposed this (see Sodomy law). However, the United States Supreme Court decision in Lawrence v. Texas in 2003 effectively invalidated the disparity between heterosexual and homosexual ages of consent within the US.

Age of consent - Ages of consent in various countries

The following is a list of ages of consent in various countries and states by region.

Age of consent - Africa

• Algeria: 16; same sex relationships are illegal
• Egypt: 18, homosexual sex is not mentioned in the law but homosexuals are prosecuted under various moral statutes
• Madagascar: quite possibly 21 (heterosexual and homosexual)
• Morocco: 15, homosexual sex is illegal
• South Africa: homosexual 19, heterosexual 16
• Swaziland: heterosexual 13, unknown for homosexual
• Tanzania: 18, homosexual sex is illegal
• Tunisia: 20, anal intercourse between men is illegal

Age of consent - North America

• Antigua: 16; 18 for homosexual males
• Canada: 14 (18 for anal sex in all provinces except Ontario and Quebec; 18 for anyone in a position of "trust or authority")
  • Courts in Ontario (1995) and Quebec (1998) independently declared Section 159 of the Criminal Code of Canada (Anal Intercourse) unconstitutional. Although not binding in other provinces, these rulings have set a precedent that would make successful prosecution elsewhere in Canada unlikely.
  • Persons under 18 are still deemed unable to consent to sexual activity in certain contexts, such as prostitution or pornography; or with certain persons in a position of authority.
• Mexico: 12, but 18 under some circumstances
• Panamá:
  • 12 if female.
  • 14 if male.
• Puerto Rico: 16
• United States:
  • Varies from state to state, usually 16; some states formerly forbade homosexual acts entirely, however such laws have been declared unconstitutional in 2003 (Lawrence v. Texas). Lawrence also had the effect of invalidating the differences between heterosexual and homosexual age of consent laws; the general, albeit untested, consensus is that the youngest age of consent law on the books in any given state now applies regardless of sexuality. Federal law forbids crossing state lines or international borders with a person who is under 18 (in an attempt to escape the state's AOC or without permission from the minor's legal guardian), or any sex with a person who is under 16 and at least 4 years younger than the perpetrator (18 U.S.C. 2243, 18 U.S.C. 2423). In the US it is illegal to produce pornography featuring those under 18 and prosecutions have been commenced for cases where both partners are over the age of consent and under 18 years old, where they were making material solely for their own consumption or that of their lawful partner. The constitutionality of these cases is uncertain. Some laws are standing in some states such as California that age of consent to marry is not limited by age but requires parents consent. This means consent to have sex and consent to marry are not equal in the USA. In Alabama, recently, a 12 year old girl was married, but records show the youngest man to be married that same year was 15. It is not known who or how old the partner was.
  • Iowa law now imposes a mandatory lifetime banishment from most Iowa cities for a person who violates any state's age of consent law. Although Iowa's age of consent is 16 (and decriminalizes consenting sex with someone just under 16 if the age difference between the two partners is only a few years), some states are much stricter. If an 18 year old is convicted of having consenting sex with a 17 year old in a state where this is illegal, Iowa's lifetime banishment still applies to that person. This person would not be allowed to legally live in most Iowa cities, he or she would generally be restricted to rural areas. Federal courts have actually upheld this law, and the US Supreme Court has refused to review it. Other cities and states are considering similar laws.
  • Alaska, Arkansas, Connecticut, District of Columbia, Delaware, Georgia, Hawaii, Indiana, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Vermont, West Virginia, Alabama: 16
  • Illinois, Louisiana, New York: 17
  • Arizona, California, North Dakota, Oregon, Tennessee, Utah, Wisconsin: 18
  • Virginia: 18, 15-17 falls under 18.2-371 contributing to the delinquency of a minor if partner is over 18, 13-14 falls under 18.2-63
  • Colorado: 15 (17 if partner 10 years older and not spouse)
  • Florida: 16 (If partner under 24), 18 (all other adult partners)
  • Idaho: 16 or 17 (if partner less than 5 years older), 18 (all other adult partners)
  • Iowa: 14 or 15 (if partner less than 5 years older), 16 (all other adult partners)
  • Kentucky: 16 (If under 21, a person's partner can legally be no more than 5 years of age younger; i.e. 20 and 15 or 18 and 13)
  • Missouri: 14 (if partner under 21), 17 (all other adults)
  • New Hampshire: 16, 18 (person in position of authority, see NH RSA 632-A:4 III. and NH RSA 632-A:2 I.k.)
  • New Mexico: 16 (18 if partner at least 4 or more years older than minor)
  • South Carolina: 14 (Under state constitution)/16 (Under state law - appears to conflict with state constitution).
  • Texas: 17 in most cases. Generally legal if partners are within 3 years in age.
  • Washington: 16 (18 if partner is at least 60 months older, in a significant supervisory relationship, and uses that relationship to engage in sex with the minor).
  • Wyoming: 16/18 (conflicting laws appear to set two different ages of consent)
  • Military: equal to the state the base is located in if the state law is 16yrs or greater else 16 if the state law is less that 16yrs; homosexuality grounds for dismissal

Age of consent - South America

• Argentina:
  • 15;
  • 16 if abusing sexual immaturity or in some other cases.
  • No "corruption" of minors (below 18).
• Brazil:
  • 18;
  • 13 or younger consists in 'presumed violence' categorizing rape;
  • 14-17 is labeled "corruption of minors" and there is jurisprudence that consent may be considered, upon analysis of the minor;
• Chile: 14
• Colombia: 14
• Ecuador:
  • 14;
  • 18 if woman is "honest" and "seduction" or deceit is used.
• Guyana: 13 (legislation to raise the age to 16 is under discussion)
• Paraguay:
  • 14;
  • 16 if one of them is married to another person;
  • 16 if homosexual
• Peru: 14
• Uruguay:
  • 15, though can be 12 in certain special cases.
  • No "corruption" of minors (below 18).
• Venezuela: 16

Age of consent - Asia

• China: 14
  • Hong Kong: male homosexual 21 (and both the older AND younger partners can be prosecuted and liable to imprisonment for life) [gay sex laws recently overturned by court], lesbian 16, heterosexual 16.
• India: heterosexual 16 (below that is regarded as rape), homosexual illegal (deemed sodomy)
• Indonesia: 17 (homosexual legal status unsure)
• Iran: extramarital sex is illegal (see: Marriageable age), note that homosexual sex may be punishable by death
• Israel: 14, but if the female is under 16 and she is younger than her partner, the age difference should not be greater than 3 years. 18 if dependency relationships (teacher/student etc.)
• Japan: 13 (18 if "insincere" relation or prostitution); age of marriage for a female with parental approval is 16.
• Kazakhstan: 18
• Malaysia:
  • 16, but Muslims must also be married
  • homosexual sex is illegal (maximum 20 years' jail)
• Pakistan: 18
• South Korea: 13 (19 if prostitution)
• Philippines: 12 (restrictions on partners under 18 such as prostitution)
• Saudi Arabia: heterosexual must be married, homosexual illegal
  • heterosexual sex outside marriage is punishable by flogging
  • male and female homosexual sex is illegal by virtue of being outside marriage
  • homosexual sex is punishable by death
  • See: Human rights in Saudi Arabia
• Singapore: 16
  • engaging sexual intercourse with a female aged under 14 is considered Statutory Rape
  • engaging sexual intercourse with a female aged under 16 is considered an offense of "carnal intercourse with an underage female" (less severe than rape but still a punishable offense)
  • homosexual sex is illegal and punishable by imprisonment, possibly for 10 years or even life
• Taiwan: 16, including heterosexual and homosexual relationships
• Thailand: 15
• Turkey: 18; including heterosexual and homosexual relationship
• Vietnam: 18 according to most sources

Age of consent - Europe

• Albania: 14
• Andorra: 16
• Austria: 14 (as of August 13, 2002)
• Belgium: 16 (possible restrictions apply under 18)
• Bulgaria: 14
• Croatia: 14 or 18
• Czech Republic: 15
• Denmark: 15 for full consent (in regard to age differences) to sexual relationships; no limits when ages are less than 1 year apart (Meaning, no criminal charges are brought) ; 18 for dependency relationships (teacher/student etc.) and professional sexual (Prostitution is decriminalized in Denmark, but one can consent only when 18 or older).
• Estonia: 14
• Finland: 16; 18 in dependency relationships (teacher/student etc.)and prostitution.
• France: 15; however sex with a minor under 18 in a dependency relationship may be criminalized.
• Germany:
  • 18 years in dependency relationships (teacher/student etc.)
  • 16 years if the older partner is over 18 and coerces the younger partner into sex other than by physical means, or if the older partner pays the younger partner to have sex (prostitution)
  • 16 years if the older partner is over 21 and exploits "lack of sexual self-determination" of the younger partner (only prosecuted after complaints or “public interest", in practice rarely prosecuted with little or no punishment)
  • 14 years for all other sexual relationships
• Greece: 15 (since 1987)
• Hungary:
  • Since the 2002 decision of the Constitutional Court 14 for both heterosexual and homosexual relationships
• Iceland: 14
• Ireland, Republic of: 17, 15 for lesbians and oral sex.
• Italy: 14
• Latvia: 16
• Lithuania: 14, for homosexual males, as of 2004, source LifeSiteNews.com
• Netherlands: 16 (18 if dependent relationship or prostitution)
• Norway: 16
• Poland: 15
• Portugal: heterosexual 14, homosexual 16
• Romania: 15; 18 in dependency relationships (teacher/student etc.)
• Russia: 16
• Serbia-Montenegro:
  • Serbia: heterosexual and female homosexual 14, male homosexual 18
  • Montenegro: 14 (for all three types)
• Slovakia: 15
• Slovenia: 15
• Spain: 13 (possible restrictions apply under 16)
• Sweden: 15; 18 in dependency relationships (teacher/student etc.)
• Switzerland: 16, under 16 legal if age difference is no more than 3 years
• Turkey: 18; including heterosexual and homosexual relationship
• Ukraine: 16
• United Kingdom: The Sexual Offences Act 2003 is the relevant law. Ages of consent are the same for heterosexuals and homosexuals, but legal treatment varies slightly between different areas of the UK.
  • England and Wales: heterosexual and homosexual 16 for women and for men
  • Scotland: heterosexual and male homosexual 16
  • Northern Ireland: heterosexual and male homosexual 17
  • 18 years for any sexual act if there is a relationship of trust (e.g. teacher/pupil), unless they are a married couple.
  • Until 2003, there was no specific law regarding the female homosexual, though in England and Wales this has now been set at 16 years old. Although no such legislation exists for Scotland and Northern Ireland, a female under 16 is deemed incapable of consenting to any type of sexual behaviour which could be classed as sexual assault and the courts have taken this to mean that the age of consent is the same as for male homosexual acts.
  • Jersey: 16 (18 homosexual)
  • Before 2001 the homosexual age of consent in England and Wales was 18, and before the early 1990s it was 21, the age it was set at when consensual buggery was decriminalised in the 1960s. The heterosexual age of consent was raised from 12 to 16 in the late 19th Century.

Age of consent - Australia

Australia is a Federation of States and Territories. Australia's Constitution protects and retains certain powers to the States and so The Australian Federal Government (The Commonwealth) has constitutional limitations on what it can legislate over the States. This means that each State has its own Law regarding AOC. However, it is worth mentioning that the 1997 Federal Government and the United Nations Human Rights Committee ruling caused each State to repeal any differences in homo/heterosexual AOC. This is due to International Affairs being a power of The Commonwealth.

• Federal Laws (Laws that apply to all Australians)

Child Sex Tourism: It is an offence for an Australian Citizen, Resident or Body Corporate {s50AD} while outside of Australia to have sexual intercourse with a child under the age of 16 {s50BA} or to induce a child under 16 to have sexual intercourse {s50BB}, or be somehow involved in a similar sexual act {s50BC}&{s50BD}

• Australian Capital Territory (ACT)

It is an offence to engage in sexual intercourse with a person under the age of 16 {s55(2)}. However the law in the ACT does permit as a defence if brought to court an age difference of 2 years for those older than 10 years {s55(3b)}.

• New South Wales

It is an offence to engage in sexual intercourse with a person under the age of 16 {s66C} or attempt such an offence {s66d}. Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender {s73} (Guardian, teacher and etcetera).

• Northern Territory

It is an offence to engage in sexual intercourse with a person under the age of 16 {s127} or attempt such an offence {s131}. Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender {s128} (Guardian, teacher and etcetera).

• Queensland (Qld.)

It is an offence to have carnal knowledge with a person under the age of 16 {s215}. Note that in Qld. “carnal knowledge” does not include “sodomy”. Sodomy (anal sex) is not permitted with any person under the age of 18, regardless of gender or what position is taken by which individual {s208}.

• South Australia

It is an offence to have sexual intercourse with a person under the age of 17 {s49(3)}. However it is a defence if both parties were 16 at the time of the offence {s49(4)} or if both parties are married to one another {s49(8)}. Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender {s49(5)} (Guardian, teacher and etcetera).

• Tasmania

It is an offence to have sexual intercourse with a person under the age of 17 {s13-124}. However it is a defence if no anal sex occurred and the younger person was of or above 12 years and the older was not more than 3 years their senior or; if no anal sex occured and the younger person was of or above 15 years and the older was not more than 5 years their senior {s13-124(3)}.

• Victoria

It is an offence to take part in sexual penetration with a person under the age of 16 {s45(1)}. However it is a defence if the younger party was aged 10 or more years and the older party was not more than 2 years older {s45(4)(b)}. Further it is an offence to take part in sexual penetration with a 16 or 17 year old person if that person is under the care of the offender {s48} (Guardian, teacher and etcetera).

• Western Australia

It is an offence to sexually penetrate a person under the age of 16 {s321}. Further it is an offence to sexually penetrate a person under the age of 18 if that person is under the care of the offender {s322} (Guardian, teacher and etcetera).

Age of consent - New Zealand

16 (18 if prostitution or some types of dependent relationships)

Although anti-pedophile laws in New Zealand (as with all other western countries) are currently severe, consensual relationship between adults and young teens are usually not prosecuted unless the parent or child complain about it.

Before 2005, there was never a law in New Zealand prohibiting any form of sexual relationship between women and boys. Until the Crimes Amendment Act (No.2) came into force in May 2005, the age of consent was 16 for older men and young girls, as well as for homosexual males (since legalization in 1986), but there was no age of consent where a woman was the older partner with a boy, and for Lesbian sex the age of consent was 12 if both partners were under 21 (16 if otherwise). This law was only amended recently after being in force for over 100 years.

The legal loophole was identified in 2003 when a 21-year-old man faced imprisonment for sex with a 14-year-old girl, while a 21-year-old woman at the same time made her relationship with a 13-year-old boy public with the media because she knew she couldn't be charged.

Also worth knowing: New Zealand legalized prostitution in 2003 with a legal age of 18.

See also

• Marriageable age
• Age disparity in sexual relationships
• Criminal law
• United Nations Convention on the Rights of the Child

Adapted from the Wikipedia article "Age of consent", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki