Only only men of 18 or older could be offenders and courts could refrain from punishment if the offender was not yet In East Germany, the criminal code was supplemented in by a provision that allowed the waiving of prosecution if no harm had been done to socialist society by the unlawful act. In the GDR supreme court ruled homosexuality was a variant of sexual behaviour just as heterosexuality.
West German law makers also saw the need for gender- and sexual-orientation-neutrality, and for rebalancing sexual self-determination with the protection of minors. In general, the need for a complaint from the former West German law was kept, but in the case of special public interest, the offence was made prosecutable ex officio, as had been the case in East German law. The age of consent in Greece is The general provision for age of consent in Greece is 15 as specified by Article , as well as Articles , B of the Greek Penal Code.
In , along with the legalization of same-sex civil unions , Article which provided a further prohibition of seducing a male under 17 if the actor is a male adult was repealed , therefore equalising age of consent for homosexual acts.
There are also several other prohibitions regarding positions of authority and acts of lewdness, as specified by Articles and Furthermore, there is a close-in-age exemption of 3 years age difference for indecent acts between persons younger than The age of consent in Hungary is A close-in-age exemption allows sexual acts from age 12 if the older party is under The new criminal code in force since 1 July reads: Until homosexual acts were illegal. After decriminalisation the age of consent for homosexual acts was 20 and remained so until From then until the age of consent for such acts was 18, as specified by Section In the Hungarian Constitutional Court repealed Section and the age of consent for homosexual acts was lowered to 14 in line with heterosexual acts.
The age of consent in Iceland is 15 , as specified by Section of the Icelandic Penal Code, which reads: The age of consent was raised from 14 to 15 in The age of consent in Ireland is 17 ,  in relation to vaginal, oral, or anal sex, and vaginal or anal penetration. In the case of offenses with children aged 15 and 16, the relevant statute, Sexual act with child under 17 years of age , provides that "8 Where, in proceedings for an offence under this section against a child who at the time of the alleged commission of the offence had attained the age of 15 years but was under the age of 17 years, it shall be a defence that the child consented to the sexual act of which the offence consisted where the defendant— a is younger or less than 2 years older than the child, b was not, at the time of the alleged commission of the offence, a person in authority in respect of the child, and c was not, at the time of the alleged commission of the offence, in a relationship with the child that was intimidatory or exploitative of the child.
Anal sex was illegal under the Offences against the Person Act , while the Criminal Law Amendment Act criminalised "Defilement of girl between thirteen and sixteen years of age", with more severe penalties for "Defilement of girl under thirteen years of age". The Carrigan Report into child sex abuse and underage prostitution recommended raising the age of consent to 18 years. The Criminal Law Sexual Offences Act decriminalised male homosexual acts and created offences of " Buggery of persons under 17 years of age" and " Gross indecency with males under 17 years of age". It advised that close-in-age cases should remain criminalised, but with more lenient guidelines for sentencing.
It also recommended wider publicity of the age limits. The age of consent in Italy is 14 years, with a close-in-age exception that allows those aged 13 to engage in sexual activity with partners who are under the age of 18, provided that the age gap between them is less than 3 years. The age of consent rises to 16 if one of the participants has some kind of influence on the other e. Not knowing that the victim is underage is not a legal defense, except when it was unavoidable ignorance. If the minor involved is under the age of 11, the crime can be punished even without a complaint and the punishment is aggravated.
It is also illegal to perform sexual acts in the presence of a minor aged less than 14 with the intent of allowing the minor to witness the acts, even if they do not take an active part. See also more related articles from Interpol. The age of consent in Kazakhstan is 16 , according to article of the Crime Criminal Code. Sexual Intercourse and Other Actions of a Sexual Character with a Person Under Sixteen Years of Age Sexual intercourse, sodomy, or lesbianism or other acts of sexual nature, with a person who did not reach sixteen years of age , the guilty party being aware of that fact, shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period up to six months, or deprivation of freedom for a period up to five years.
The age of consent in Kosovo is Article of the Penal Penalty Code states that "Term 'Consent' means the voluntary agreement of a person who has reached the age of sixteen years to engage in the sexual act in question", and Article states that, 1. Whoever subjects another person to a sexual act without such person's consent shall be punished by imprisonment of two 2 to ten 10 years". Sections and provide harsher penalties for rape and forcible sexual assault of juveniles.
Until , male homosexual acts were illegal under Section This provision was repealed by the Latvian Parliament in and the age of consent for male homosexual acts was set at In , the Latvian Parliament adopted a new Criminal Code that contained a complex system of sexual offences: In , the law was amended to clarify the situation and confirm that the age of consent was 16 for all acts only a person aged 18 or older can be punished for having sex with a 14—15 year old.
The age of consent in Liechtenstein is Sexual activity with 14—15 year olds is generally legal, but it can still be punished if sexual access to these children has been obtained by exploiting their lack of sexual self-determination. The age of consent 14 was not set directly in this article of the Lithuanian criminal code, though. It has been established by the Lithuanian case law.
This meant that both heterosexual and homosexual acts were allowed once a child had reached the age of 14 [ citation needed ]. There was and remains an exception to this rule: Until , male homosexual acts were prohibited under the Lithuanian Criminal Code, Article , which was repealed in that year. The new law set an age of consent of 17 for male oral and anal intercourse, 16 for other male homosexual acts, and 14 for lesbian and heterosexual acts. In , the law was amended to equalise the age of consent at 14 for all sexual acts; the age of consent was raised to 16 in , regardless of gender and sexual orientation.
The age of consent in Luxembourg is 16 , as specified by the Luxembourgish Penal Code, Article , which reads: The penalty will be imprisonment of five to ten years if the child was less than eleven years old. Article 1 of the Criminal Code of Macedonia prohibits sexual conduct with a "child" and a "child" is defined by Article 71 as a person under However, Article prohibits an adult living in an extra-marital community with a Juvenile under The age of consent in Malta is Art of Chapter 9 of the Laws of Malta Presumption of violence in cases of carnal knowledge and indecent assault states:.
The punishment is imprisonment from three to nine years, with or without solitary confinement, as described in Art. The punishment can be increased in certain cases described in Art. A number of aggravating circumstances exist to this blanket provision including: Abuse of parental authority or tutorship, where the victim is under the age of 12 and if the offence is committed by means of threats or deceit. There is no definition of how old the offender must be: Even another minor can be guilty of this crime,  although there is no evidence that any such case has ever been prosecuted.
The interpretation of the law is situational and at the discretion of the prosecution and the courts, based on relevant factors that may be taken into account to decide whether the minor was actually "defiled". For example, in two brothers, aged 19 and 20, were found not guilty of defiling a girl, then aged 16 until the age of consent was Their sexual encounters were consensual, and it was clear that the girl had had several previous sexual adventures with several youths.
He had set up a situation in which the boy came to his apartment; as a result of both childish curiosity and what the court deemed to be the guile of the adult man, the boy remained in the apartment even while man first showered and then committed the lewd acts. In the wording of the law there is no discrimination on the basis of sexual orientation. However, discrimination can result from selective enforcement with regard to individual cases.
Marriage is allowed as early as the age of 16, which until May theoretically would have allowed a case to arise in which a spouse press charges under this article. In practice, this problem has never arisen. The concept of age-banding employed in for example Canada is not present in the Maltese legal system and sexual activity between one partner who is 15 years old and another who is 16 years old can constitute defilement of minors, depending on the circumstances, with no exception being allowed purely on the basis of the proximity of their ages.
The primary objective of the Act is to transpose the Council of Europe Convention on prevention and combating of violence against women and domestic violence, and it also includes amendments that lowered the age of consent to The age of consent in Moldova is 16 , per Article " Sexual intercourse with a person under 16 ", and Article " Perverted Actions ".
Articles and provide harsher penalties for Rape and Violent Sexual Actions including physical or mental coercion against juveniles. The age of consent in Monaco is The age of consent in Montenegro is 14 , as set out in Article of the Criminal Code.posiciones para sexo
Age of consent
Article makes it illegal for a teacher, instructor, guardian, adoptive parent, stepfather, stepmother or other person with a similar position to abuse one's position or authority in order to perform sexual intercourse or an equal act with a minor under 18 entrusted for teaching, education, custody and care. Article 2 makes it illegal for a person to "provide for performing debauchery, an act equal to it or some other sexual act to a minor". Article prohibits "Extramarital community with a minor" Article reads: The age of consent in the Netherlands is 16 , as specified by the Dutch Criminal Code at Article ,  and Article  which read:.
Close-in-age exceptions for consensual acts between adolescents close in age, within "social-ethical norms" are at the discretion of the prosecution. In the s, the Netherlands gained international attention due to its policies regarding the age of consent. Between and  the Netherlands operated what was in effect an age of consent of 12, subject to qualifications.
The relevant law, passed in November, , permitted sexual intercourse for young people between 12 and 16 in most circumstances, but allowed a challenge by parents or by the Child Protection Agency if there was evidence of exploitation. The Netherlands has gained an international reputation of being extremely liberal on sexual issues, with some of this due to exaggerated reports in foreign media and claims by foreign politicians, rather than based on reality.
For instance, during the s, some conservative campaigners in the US claimed that children were sold into sexual slavery at "auctions" held in Amsterdam , but did not produce any evidence to support their claims. Prior to , sodomy was illegal, the age of consent only applied to females and sexual contact with a female between the ages of 13 and 16 was a misdemeanor. As of , the age of consent is set at 16 for both males and females, sexual contact with any child under 16 regardless of gender is a felony and the ban on sodomy is lifted, thereby legalizing homosexual sex.
Even though one may be found guilty of violating the age of consent code, if those involved are "about equal as regards age and development", the court can exercise its own discretion to suspend passing a sentence. Sexual relations between two women was never explicitly criminalized, but have been prosecuted under the general indecency law of the Civil Penal Code of The ban on sex between men, which also outlawed cohabitation  as well as sex with animals, was repealed in   bestiality having been recriminalized in . According to the Svalbard Treaty, Norwegian law is applied as the minimum standard.
The same punishment shall be imposed on anyone, who records pornographic material with the participation of such a person. Poland never imposed laws against homosexuality. However, in homosexuality was criminalised by the laws of occupying countries see Partitions of Poland. In the first Polish Criminal Code after regaining independence was introduced, making the age of consent of 15 for all sexual acts, regardless of sexual orientation. Since September , the age of consent laws of Portugal states 14 , regardless of sexual behaviour, gender or sexual orientation, as a result of the constitutional court of Portugal ruling on constitutional protection that explicitly includes " sexual orientation ", formally into the Constitution of Portugal back in Since September , the age of consent was formally equalised as part of the Penal Code of September Although the age of consent is stipulated at 14 in Portugal, the legality of sexual acts with a minor between 14 and 16 is open to legal interpretation since the law states that it is illegal to perform a sexual act with an adolescent between 14 and 16 years old "by taking advantage of their inexperience".
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Homosexual acts were legalised for the first time in Portugal in , with an equal age of consent at that time - although homosexuality was again re-criminalised in They were decriminalised a second time in and an age of consent was set at 16, in line with heterosexual activities. In , a new Penal Code was introduced with "different circumstances" for different sexual behaviours. Since September , the age of consent, regardless of sexual behaviour, gender or sexual orientation, is 14 [ citation needed ].
The new Romanian Criminal Code,  which came into force on 1 February , sets a general age of consent of However, sexual acts that do not include penetration may be performed from age There is also a close-in-age exemption: The law sets several other restrictions in regard to children under In addition, it is illegal for an adult to engage in acts of sexual penetration with an adolescent under 18, if the adult abuses the authority or influence they have over the minor in order to gain the sexual access.
The relevant articles of the Criminal Code are Art. All these laws are gender neutral and apply regardless of the sexual orientation of those involved. For a very long time, the age of consent in Romania was The Penal Code of , which followed shortly after the union of the Principalities of Moldavia and Wallachia , and was in force between and , set an age of consent of Under this code, Article read: With regard to rape article the victim being under 14 constituted an aggravating factor. Nevertheless, the age of consent of 14 was maintained.
Article of the code read: The late s and the early 21st century saw major modifications to the criminal code, in an effort to modify what was seen as outdated provisions, especially as Romania prepared to enter the EU.
As such, homosexuality was decriminalized, the text of several criminal offences was modified by making it gender-neutral, the age of consent was lifted to 15 applicable to both girls and boys , punishments for several sexual crimes were increased, and the stipulation that a rapist could avoid punishment after rape if he married his victim was abolished. Changes were made through Law no. Nevertheless, the rapid adoption of numerous laws led to poorly drafted and contradictory texts, which have caused difficulty among the jurisprudence and doctrine, and several cases ended to the High Court of Cassation and Justice in order to clarify the interpretation of the law.
The age of consent in Russia is The age of consent changed several times in Russian history: Law of early tightened the consent laws in Articles and considerably. However, only a person over 18 can be charged. Charges are relatively low up to 4 years of prison - regardless of gender - and "obscene actions" have even less charges. If the victim is not understanding the nature and consequences of the act due to their age being under 12 or mental abilities , it will be considered rape and charged much more severely up to 15 years of prison, or up to 20 if the victim is under Sexual intercourse committed by a person who has reached the age of eighteen years with a person who has not reached the age of sixteen years - shall be punishable by obligatory labour for a term of up to hours, or by restriction of liberty for a term of up to four years, or by compulsory labour for a term of up to four years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to three years, or by deprivation of liberty for a term of up to four years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to ten years.
Pederasty or lesbianism in respect of a person who has not reached sixteen years of age effected by a person who has reached eighteen years of age - shall be punishable by compulsory labour for a term of up to five years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to three years, or by deprivation of liberty for a term of up to six years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to ten years.
The deeds stipulated by Part One and Two of this Article committed to a person who has reached twelve years of age but has not reached fourteen years of age - shall be punishable with deprivation of freedom for a term of three to ten years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to fifteen years and with restriction of liberty for a term of up to two years or without such. The deeds stipulated by Parts One, Two or Three of this Article committed in respect of two or more persons - shall be punishable by deprivation of freedom for a term of eight to fifteen years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to twenty years.
The deeds provided for by Parts One, Two, Three or Four of this article made by a group of persons, by a group of persons by previous concert or by an organised group - shall be punishable by deprivation of freedom for a term of twelve to twenty years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to twenty years and with restriction of liberty for a term of up to two years or without such.
The deeds provided for by Part Three of this article made by a person with a previous conviction for having committed an offence against sexual integrity of a minor - shall be punishable by deprivation of freedom for a term of fifteen to twenty years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to twenty years or by life imprisonment.
Where the age difference between the victim and the accused person is less than four years, the latter shall not be punishable by deprivation of liberty for the committed deed provided for by Part One of this article or by Part One of Article of this Code.
The commission of lecherous actions without using violence by a person who has reached eighteen years of age in respect of a person who has not reached sixteen years of age - shall be punishable by obligatory labour for a term of up to hours, or by restriction of liberty for a term of up to three years, or by compulsory labour for a term of up to five years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to three years, or by deprivation of liberty for a term of up to three years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to ten years.
The same deed committed in respect of the person who has reached twelve years of age but has not reached fourteen years of age - shall be punishable with deprivation of freedom for a term of three to eight years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to fifteen years and with restriction of liberty for a term of up to two years or without such.
The deeds provided for by Parts One or Two of this article made in respect of two or more persons - shall be punishable by deprivation of liberty for a term of five to twelve years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to twenty years.
The acts stipulated by Parts one, two or three of this Article committed by a group of persons in preliminary collusion or by an organised group - shall be punishable by deprivation of freedom for a term of seven to fifteen years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to twenty years and with restriction of liberty for a term of up to two years or without such.
The deed provided for by Part Two of this article which is made by the person who has a previous conviction for having committed an offence against sexual integrity of a minor -. Illicit Sexual Relations or Other Sexual Actions with a Person Who Has Not Reached 16 Years of Age Illicit sexual relations, pederasty, or lesbianism, committed by a person who has reached 18 years of age with a person who obviously has not reached 16 years of age, shall be punishable by restraint of liberty for a term of up to three years or by deprivation of liberty for a term of up to four years.
Depraved Actions Commission of depraved actions without the use of violence by the person who has reached the age of 18 years in relations to a person who obviously has not reached 16 years of age, shall be punishable by a fine in the amount up to thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to two years, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for a term of up to three years. Illicit Sexual Relations or Other Sexual Actions with a Person Who Has Not Attained 14 Years of Age Illicit sexual relations, pederasty, or lesbianism, committed by a person who has attained 18 years of age with a person who obviously has not attained 14 years of age, shall be punishable by restraint of liberty for a term of up to three years or by deprivation of liberty for a term of up to four years.
Depraved Actions Commission of depraved actions without the use of violence, in relations to a person who obviously has not attained 14 years of age, shall be punishable by a fine in the amount of to minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of three to five months, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for a term of up to three years.
The penalty for having sex with a minor is not always applied. For example, in , Valentina Isaeva gave birth to a girl in Moscow, Russia at the age of 11 years, 10 months. The child's father was sentenced conditionally for child abuse but was not jailed because he was willing to support Valentina and their daughter. The age of consent in San Marino is 14 , per Article The age of consent in Serbia is 14 , regardless of sexual orientation or gender. This is regulated by Chapter 18 Sexual Offences of the Penal Code of the Republic of Serbia and especially Article prohibiting sexual intercourse with a child.
Article defines a child as a person under 14 years of age. Article prohibits sexual intercourse with a juvenile defined in Article as a person under 18 if the juvenile is entrusted for learning, tutoring, guardianship or care. Article furthermore forbids cohabitation with a minor person under 18 unless a marriage is conducted. From to , sexual acts between men of any age was a criminal offence in Serbia, although the law has never been applied. Then in , the age of consent was 18 just for anal sex between males; any male performing anal sexual conduct with another male, is punishable by up to 1 year in prison , 16 for all other sexual conduct.
Since , an equal age of consent came into force, regardless of sexual orientation or gender - This is regulated by the section of the Penal Code of the Republic of Serbia stating that "lewd acts" between a male adult and a male under the age of 16 is punishable by imprisonment from 1 to 8 years. There is no specific reference to "lewd acts" between two females of the same offence.
The province of Vojvodina , a northern province of Serbia, had decriminalized homosexuality in [ citation needed ] , thus effectively making an equal age of consent for any sexual practice regardless of sex or gender. This lasted until Vojvodina lost its law-making power in The age limit of sexual acts in Slovakia is 15 , as specified by the Slovak Criminal Code, Section Any person, who has sexual intercourse with a person less than fifteen years of age or who subjects such person to other sexual abuse, shall be liable to a term of imprisonment of three to ten years.
The history before within Czechoslovakia is commons with the Czech Republic. Until , homosexual acts were prohibited, however the Criminal Code of that year decriminalised such behaviour partially. However, under Paragraph , the age limit of restriction for homosexual acts was set at 18, besides the general limit 15 years. In , the whole Paragraph was repealed and the age limit became 15 for all. Until , male homosexual acts were prohibited, as was the case in all of former Yugoslavia.
A new Penal Code was introduced in , which decriminalised homosexual acts and all discriminatory provisions were removed. In , the age of consent was set at 14 for all acts. In , the code was amended to raise the age of consent to 15 years and added the condition for " a marked discrepancy between the maturity of the perpetrator and that of the victim'".
The age of consent in Spain is 16 , under a new law which came into effect on 1 July There is a close-in-age exemption: The age of consent rises to 18 if there is deception or abuse of a recognized position of trust, authority or influence over the minor. Historically, the age of consent was usually twelve in the Christian kingdoms of Iberia. A new Penal Code was introduced in Spain in which specified an age of consent of 12 for all sexual acts, but this was raised to 13 in and to 16 in Same-sex sexual acts were lawful in Spain from to , with the exception of the offence of "unusual or outrageous indecent acts with same-sex persons" between the years and In Adolfo Suarez 's government reversed the prohibition of homosexual acts in that law.
The age of fifteen is referred to several times, for example in Section 4, which reads: There is a position of trust rule in which the age of consent is raised to The section mentioned above continues: It is not legal to have sexual intercourse with related adults either, but the sentences for that up to two years are considerably milder than those for rape of a child two to six years, four to ten years if aggravated.
There is also a close in age exception Chapter 6, Section 14 " Case B . The Swedish age of consent also applies if the act takes place outside Sweden but the elder person later goes to Sweden. The elder person doesn't have to be a Swedish citizen or resident, but could be a tourist on a temporary visit. This is regardless of the age of consent in the country where the act took place.
Homosexual acts, both between men and between women, were prohibited in Sweden since , then in homosexual acts became legal - but with a higher age of consent of 18 21 if the younger part was in a situation of dependency than for heterosexual acts, which was always set at The age of consent was finally equalized to 15 regardless of sexual orientation in Pornography laws were softened in the s. However, there exists a close-in-age exception if the difference between the ages of the participants is three years or less Article 2.
The age of consent in Turkey is the age of majority set at 18 as per Article 11 of the Turkish Civil Code. However, if the offender is a person who is forbidden to marry the child by law or is a person who is obliged to take care of the child due to adoption or foster care, then the prosecution doesn't require a complaint and the punishment is aggravated. Article regulates any kind of sexual activity with minors under 15 or minors under 18 who lack the ability to understand the legal meanings and consequences of such actions as child sexual abuse.
The Ottoman Empire , a predecessor state to the Republic of Turkey , decriminalized sodomy in The age of consent in Turkey was set at 15 for both heterosexual and homosexual sex in the penal code, but this was raised to 18 in The new penal code of also set the age of consent for both heterosexual and homosexual sex at 18, with some differences, such as the act of having sexual intercourse with a minor over 15 being punishable upon a complaint.
The age of consent in Ukraine appears to be 16 , although it is not specifically set in any one statute. Article states that sexual intercourse with a sexually immature person shall be punishable. Those under 14 are considered children in Ukrainian law, additionally those under 16 are considered minors generally read from all articles and court rulings.
However, sexual acts with those under 16 that are considered debauchery can also be prosecuted under Article Sexual intercourse with a sexually immature person , shall be punishable by restraint of liberty for a term up to five years or imprisonment for the same term. The same actions committed by a parent, step parent, foster parent or guardian, or any person imposed by a duty of upbringing or taking care of a sexually immature person, or where they caused sterility or other grave consequences, shall be punishable by imprisonment for a term of five to eight years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Debauched actions committed in regard of a person under 16 years of age , shall be punishable restraint of liberty for a term up to five years, or imprisonment for the same term. The same actions committed in regard of a young child, or by a parent or surrogate parent, step parent, foster parent or guardian, or any person imposed by a duty of upbringing or taking care of a sexually immature person, shall be punishable imprisonment for a term or five to eight years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Ages of consent in the United States
UK national age of consent legislation does not apply to its dependencies, but they all have it set as The age of consent in England and Wales is 16  regardless of sexual orientation or gender, as specified by the Sexual Offences Act The vast majority of law relating to sexual offences in the England and Wales is laid out in legislation under the Sexual Offences Act , of which contains upwards of sections, of which around 70 of those sections relate directly to sexual offences. The main sections of the act that relate to sexual offences regarding children are sections The main 3 sections that relate to sexual activity with persons under 16 or under 13 are,.
Any person who engages in sexual intercourse with a person under the age 16 could be prosecuted. However this therefore means that even sexual intercourse between willing people of a similar age i. A 16 year old and a 15 year old could result in the older person being liable for prosecution for committing a sexual offence. Because of this, when the Sexual Offences Act was created, separate sections of the act were put in place to be used on how to appropriately prosecute a person who had sexual intercourse with a person under the age of 16, depending on exactly how young a person under the age of 16 was at time the sexual intercourse took place.
This therefore maintained a "two-tier" cut off age system regarding sexual intercourse when it involved a person under the age of Currently this depends on whether a younger person was Under 16 or Under 13 at the time of the sexual intercourse taking place, with the latter being automatically overall illegal, and the former still being illegal, but with defences due to the younger person's older age, more flexibility in sentencing and flexibility overall whether to prosecute or not based on individual case.
The age of a younger person matters substantially as under the Sexual Offences Act any sexual intercourse or any type of sexual activity with a person under the age of 13 is strictly illegal, with rape, assault by penetration and incitement offences carrying a maximum sentence of life imprisonment, and other non-penetration offences carrying a maximum sentence of 14 years depending on case.
However, if person A is over the age of 18 and is in a position of trust to person B who is under the age of 18, it is illegal for A to engage in sexual activity with B. The age of consent for heterosexual acts in England was set at 12 in during the reign of Edward I. The wording was along the lines of [ vague ] "It shall be deemed illegal to ravage a maiden who is not of age" - at the time "of age" being Therefore, there was technically no age of consent for the male participant.
In medieval Welsh law there was no actual equivalent of the concept of the age of consent as such, but a girl was marriageable at 12—14 the onset of puberty and a fine was payable for the taking of a girl's maidenhood by force; the rules varied according to status and may not have been applied rigidly to commoners. A concern that young girls were being sold into brothels led Parliament to raise the age of consent to 13 in under the Offences against the Person Act Anal intercourse, both male-male and male-female, had been illegal and punishable by death since the Buggery Act In , parliament passed the Offences against the Person Act , which abolished the death penalty for anal intercourse.
The Criminal Law Amendment Act extended buggery laws to outlaw any kind of sexual activity between males. Statutory rape or sexual offense of person who is 13, 14, or 15 years old. North Carolina General Statutes Chapter A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if The age of consent in Ohio is 16 as specified by Section However, there exists a close-in-age exception where a minor 13 or older can consent to sex as long as their partner is less than 18 years old.
It is illegal for a person of any age to have sex with a child beneath 13 years of age who they are not married to. However, the preceding statute, Section Ohio law also contains a rule against importuning, which means a perpetrator of any age sexually soliciting a minor over the internet if the minor is under the age of 13, or in the case of a perpetrator 18 years of age or older, sexually soliciting any minor who is under the age of These two crimes are not considered to be sexual offenses.
The age of consent in Oklahoma is An employee of a school system who has sexual conduct with a student of that school system aged between 16 and 18 may face criminal charges in Oklahoma. The age of consent in Oregon is Sexual offenses are defined under the Oregon Revised Statutes Chapter With regards to age only, the following offenses are defined. Consent for all laws. Additionally, Oregon has a three-year rule defined under ORS However, this does not apply to Rape 1, or Sodomy 1, effectively limiting the age to The age of consent in Pennsylvania is 16 years of age for sexual consent.
Teenagers aged 13, 14 and 15 may or may not be able to legally engage in sexual activity with partners who are less than 4 years older. Such partners could not be prosecuted under statutory rape laws, but may be liable for other offenses, even when the sexual activity is consensual. In December the Pennsylvania Legislature passed an amendment stating that an employee of a school who engages in sexual relations with any student or athletic player under the age of 18 may receive a third-degree felony charge. In Governor of Pennsylvania Tom Corbett signed into law an amendment making this law apply to athletic coaches who work outside of an educational setting.
Historically Pennsylvania prosecutors were only allowed to issue misdemeanor charges such as corruption of minors against teachers and coaches who had sex with 16 and year-old students. Under Pennsylvania law, a defendant is strictly liable for the offense of rape, a felony of the first degree, when the complainant is 12 or younger. Pennsylvania has enacted several other strict liability sexual offenses when the complainant is under 16, but 13 years old or older.
Except as provided in section relating to rape , a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.
When the alleged victim is 16 or older and less than 18 years of age, and the alleged offender is over the age of 18, the Commonwealth may charge the offense of corruption of minors or unlawful contact with a minor, even if the activity was consensual:. The crime of corruption of minors is usually a crime that accompanies another "more serious" crime such as statutory rape or involuntary deviate sexual intercourse or accompanies some drug or alcohol use, possession or sale.
Tending to corrupt like contributing to delinquency is a broad term involving conduct toward a child in an unlimited variety of ways which tends to produce or to encourage or to continue conduct of the child which would amount to delinquent conduct. The question of whether consensual intercourse with a minor 16 years or older tends to corrupt the morals of that minor is a jury question to be decided by the "common sense of the community".
There is also a corruption of minors statute against adults corrupting the morals of minors under 18 years of age. In JoAnne Epps, a former prosecutor and Temple University Beasley School of Law dean of academic affairs, stated that the corruption of minors charge is considered to be a separate crime from that of statutory rape; she stated that the consideration of whether a minor is consenting to sexual activity is a separate issue from whether someone is corrupting the minor's morals. The age of consent in Rhode Island is Sexual intercourse with a minor aged 14—15 by an actor 18 or older is third degree sexual assault, sexual intercourse with a minor under the age of 14 by an actor of any age is child molestation.
However, there is a close-in-age exception that allows people aged 16—17 to have sex with a minor aged 14 or 15, but not younger. The age of consent in South Carolina is However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in consensual sexual conduct with another person who is at least fourteen years of age. C A person is guilty of criminal sexual conduct with a minor in the third degree if the actor is over fourteen years of age and the actor wilfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body, or its parts, of a child under sixteen years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or the child.
However, a person may not be convicted of a violation of the provisions of this subsection if the person is eighteen years of age or less when the person engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age. The age of consent in South Dakota is 16 and there is no close-in-age exemption, although if the perpetrator is within three years of age of the victim or is under 18 the penalties are reduced. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances: Sexual contact with child under sixteen—Felony or misdemeanor.
Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony.
If the actor is less than three years older than the other person, the actor is guilty of a Class 1 misdemeanor. If an adult has a previous conviction for a felony violation of this section, any subsequent felony conviction for a violation under this section, is a Class 2 felony. Sexual contact with child under sixteen years of age—Violation as misdemeanor. Any person, younger than sixteen years of age, who knowingly engages in sexual contact with another person, other than his or her spouse, if such other person is younger than sixteen years of age, is guilty of a Class 1 misdemeanor.
The age of consent in Tennessee is A close-in-age exemption allows minors aged 13—17 to engage in sexual acts with partners less than 4 years older. Penalties differ depending on the age of the minor, as well as the age difference between the minor and the offender. There are two laws concerning age of consent in Texas: The Texas Department of Public Safety , the state law enforcement agency, considers the age of consent as Texas age of consent is 17 years in regards to sexual activity alone.
If the victim is under the age of 17 subject to a three-year close-in-age exception , then underage sexual conduct can also be prosecuted without requiring proof of inducement under section The age of consent in Texas involving visual representation such as a part in a play or movie or employment involving sex is 18 under section This crime requires proof of inducement.
Online Solicitation of a Minor is a criminal offense in the state of Texas that makes it illegal for someone 17 years and older to intentionally or knowingly communicate certain sexual content or try to induce or solicit a minor under 17 years of age, or any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section Some confusion arises regarding the applicability of section State , CR, S.
No age is specified by the statute thus, even if the student has reached the age of consent, it is still a violation , and violations are a second degree felony. People convicted under The law exists to prevent scenarios where a teacher or employee coerces a student into a sexual relationship in exchange for higher grades or other favors. In Helen Giddings , a Democratic member of the Texas House of Representatives , first authored the anti student-teacher sex bill but only intended for it to take effect if the student is 17 or younger.
Warren Chisum of Pampa removed the maximum age from the bill. Shortly after the law passed, a teacher engaged in sexual intercourse with her year-old student, and a Texas court refused to indict her. Afterwards criminal prosecutions of teachers in relationships with students going to other schools in the same school district, including teachers of other educational levels, began occurring. In response to this law, Houston lawyer Dick DeGuerin stated "Unless there's real strong evidence of a teacher trading sex for grades or using improper influence, then it's a statute that is really open to abuse.
The age of consent in Utah is However, it is legal for minors aged 16 and 17 to engage in sexual activity with partners less than 7 years older, and between 7 and 10 years older if the partner reasonably didn't know the minor's age. Unlawful sexual activity with a minor—Elements—Penalties—Evidence of age raised by defendant. However it rises to 18 if the person is related to the minor or in a position of authority over him. The age of consent in Virginia is 18,   with a close-in-age exception that allows teenagers aged 15 to 17 to engage in sexual acts but only with a partner younger than The state code defines felony statutory rape as crimes against those under 15, while adults who have sex minors over 15 can be prosecuted for a misdemeanor offense,  "contributing to the delinquency of a minor.
If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of For the purposes of this section, i a child under the age of thirteen years shall not be considered a consenting child and ii "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse, and animate and inanimate object sexual penetration.
Consensual sex where one partner is 15, 16 or 17 and the other is over 18 is a class 1 misdemeanor. Causing or encouraging acts rendering children delinquent, abused, etc. As of the state was attempting to prosecute a year-old man who had oral sex with a year-old girl with a "crimes against nature" law, an anti-sodomy which forbids people from engaging in anal and oral sex and makes these acts a felony offense.
The 47 year-old had been convicted under a misdemeanor offense and his lawyers did not challenge that conviction. In March the U. Court of Appeals overturned the sodomy conviction, saying it was unconstitutional according to the Lawrence v. Supreme Court to do a rehearing, arguing that the state's sodomy laws may still constitutionally apply to 16 and 17 year olds. Dalia Lithwick of Slate stated that this scenario would cause problems for homosexual teenagers. The age of consent in Washington is It is also illegal to engage in sexual acts with someone younger than 18 under three different sets of circumstances, enumerated in RCW 9A.
Foster parents with their foster children; school teachers and school administration employees over their students including, as interpreted by the Washington State Supreme Court , students up to age 21  ; The third set of circumstances require all of the following situations occur in tandem: The older person is 60 months or more older than the or year-old, the person is in a significant relationship as defined by RCW 9A. Several have reported that the immoral communication with a minor statute exists and places the age of consent at 18 due to the inability to "communicate" to and year-olds about sexual activity.
These reports are incorrect. Danforth , 56 Wn. Danforth's conviction was overturned by that ruling. However, the Washington Supreme Court in the case of State v. McNallie , Wn. A state statute makes it illegal for a teacher and a "minor" student defined as "at least sixteen years old". The Washington State Supreme Court ruled that this policy affects all high school students up to 21 years of age, which under state law is the age cap for enrollment in high school. The age of consent in West Virginia is The age of consent in Wisconsin is 18 and there is no close-in-age exception.
There is, however, a marital exception which allows a person to have sex with a minor 16 or older if they are married to the minor. If the minor is below 16 both sexual intercourse and any sexual contact are a felony; sexual intercourse with a minor by a perpetrator who is not married to the minor is a Class A misdemeanor.
However, Wisconsin has a child enticement law that prohibits people of any age from taking people under 18 to a private area such as a room and exposing a sex organ to them or having the minor expose their sex organ to them. This is a Class B or C felony.
Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony.
If the minor is below 16 marriage to the minor by the accused is not a defense. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant. Sexual intercourse with a child younger than 13 carries the highest penalties, it is a Class B felony. Wisconsin law contains an unusual provision making it a Class F felony for a person responsible for a child under the age of 16 years such as a parent to not prevent their child from having sexual contact with another person if it was realistically possible for them to do so and they were aware that the other person intended to have sex with their child.
A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.
Sexual assault in the third degree. However, in the cases of Pierson v. State and Moore v. State , the Wyoming Supreme Court held that sexual activity with minors aged 16 or 17 could be charged under Section of Wyoming Statutes. That statute was repealed in and re-codified as Section , which provides, in pertinent part as follows:.
Sexual abuse of a minor in the third degree. It is an offense in American Samoa to engage in sexual acts with a person under the age of Third Degree Criminal Sexual Conduct. Under the same provisions, it is also illegal for any person aged 16 or older to aid, encourage, induce or causes minors under 13 to engage in any sexual activity with anyone else, or minors aged 13—15 to engage in sexual activity with people older than them by three years or more.
The age of consent rises to 18 when the older partner — being age 18 or older — is the parent, stepparent, adopted parent, or legal guardian of the younger person, or when the older partner has or occupies a position of authority over the younger person. This does not apply for minors aged 16 or 17 as long as the older partner is less than three years older and is not the younger person's parent, stepparent, adopted parent or legal guardian.
According to section , a position of authority "means an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control" over a person under According to Section , affirmative defenses for the crimes outlined in Sections — exists for consensual activity between legal spouses and for cases where the defendant reasonably believed that a minor age 13 or older was of legal age.
Sections and of the Commonwealth Code also criminalize sexual activity with people aged 18 or 19, if they are "committed to the custody of the Department of Public Health and Environmental Services under the Commonwealth's civil or criminal laws, and the offender is the legal guardian of the person". The age of consent in Puerto Rico is Paraphrasing Virgin Islands Code: The age of consent is There is however a close-in-age exemption that allows minors 16 and 17 years old to consent with someone no more than five years older than themselves and minors 13 to 15 years old to consent with one another, but not with anyone 16 or over.
Aggravated rape in the first degree bans sexual intercourse or sodomy with a child under Sexual acts with minors are aggravated by the use of force, intimidation, or the perpetrator's position of authority, and by the fact that the minor, being under 16 and not the perpetrator's spouse, is residing in the same household as the perpetrator.
Any person under 18 years of age but over 16 years of age who perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is under 16 years of age but over 13 years of age, under circumstances not amounting to rape in the first degree, is guilty of rape in the third degree and shall be subject to the jurisdiction of the Family Division of the Superior Court. A person who engages in sexual contact with a person not the perpetrator's spouse—..
A person over eighteen years of age who engages in sexual contact with a person not the perpetrator's spouse who is over thirteen but under sixteen years of age is guilty of unlawful sexual contact in the second degree and shall be imprisoned not more than 1 year. As such, all US Federal laws regarding age of consent would be applicable. From Wikipedia, the free encyclopedia.
The distinction is that a rape involves vaginal intercourse.
United States portal Sexuality portal Law portal. Retrieved 4 October Retrieved on September 11, The New York Times. Retrieved on September 13, Limon — Luckert — Kansas Supreme Court". Retrieved 16 February Dhingra , which discusses the fact of incorporation of state criminal law into violation of b , specifically California statute, where Dhingra resided and committed the acts.
A Guide to America's Sex Laws. The University of Chicago Press. The case cited is Michael M. Superior Court , U. Retrieved 10 August Child Exploitation and Obscenity Section". Retrieved 4 July Experts say the issues are not clear-cut. Retrieved on August 4, Sex with a minor younger than 16 is considered statutory rape. Retrieved on September 18, Summary of Current State Laws. Department of Health and Human Services , December 15, Retrieved on May 15, Only 12 states have a single age of consent, below which an individual cannot consent to sexual intercourse under any circumstances, and above which it is legal to engage in sexual intercourse with another person above the age of consent.
For example, in Massachusetts, the age of consent is In the remaining 39 states, other factors come into play: Each is described below. Retrieved on February 19, Associated Press at Huffington Post. Lawmakers kill bill to make student-teacher trysts a felony — sacbee. Archived from the original on Monday July 16, Retrieved on September 19, Retrieved on November 4, Associated Press at Tampa Bay Online.
Saturday June 13, Retrieved 18 July Archived from the original on August 4, Archived from the original on July 22, Friday, August 25, State of Hawaii Department of the Attorney General. Archived from the original on 30 July Retrieved 28 July Archived from the original on 26 July Archived from the original on 31 July Don't prosecute teens for consensual sex". Keep juvenile sex offenders off registries". Archived from the original on September 18, Retrieved 9 June Retrieved September 10, Retrieved 11 August Retrieved on August 8, Statutory rape; enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances".
Retrieved 18 February Statutes of New Jersey. Friday June 15, Retrieved on May 18, Ohio Alliance to End Sexual Violence. Retrieved on August 29, Saturday May 27, Retrieved from Google News. Retrieved on May 16, Lukens, 66 Ohio App. Court of Appeals ". Available at Google Scholar. Age limitation on conviction for rape".
New York Daily News.
- online dating platforms?
- Ages of consent in Europe - Wikipedia.
- top internet dating websites.
Sunday March 29, Retrieved on October 5, But because Queen was the teenager's teacher, different rules apply. According to state laws, a sexual act is considered rape if the victim is a student between 16 and 18 years of age and the suspect is an employee of the student's school system.
Coming forward on abuse helps the community " Archive. Prosecutors said four women's privacy rights must be protected. Retrieved on August 6, The age of consent in Pennsylvania for sex is Saturday May 31, Retrieved on September 15, Archived from the original on September 19, Retrieved June 24, Pennsylvania law sets the age of consent for sex at 16, although prosecutors in some counties have brought child endangerment and corruption-of-minors charges against teachers who have had relationships with and year-old students.
Decker , 26 Pa. Retrieved 13 September Tennessee Code Research Tool". Garcia, WL , at 8 Tex. Rehearing Overruled March 24, Also, as an educator at her high school, Dornbusch was in a position of authority over V. The statute forbids inducement of sexual conduct by a child under eighteen years of age, and according to the State's evidence, Dornbusch did exactly that: Retrieved on September 14, Sunday March 20, Retrieved on September 17, Thursday April 4, When is it OK?
Retrieved on December 25, Sexual Abuse of a Minor in the Third Degree. Sexual Abuse of a Minor in the Fourth Degree. Archived from the original PDF on Archived copy as title link. Outline of human sexuality. Gender binary Gender identity Men who have sex with men Sexual identity Sexual orientation Women who have sex with women. Sex portal Biology portal. Child marriage Child pornography law Child prostitution Child sex tourism.
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