Information about age of consent

This article is about the legal concept regarding sexual activity. For other uses, see Age of consent (disambiguation).

While the phrase age of consent typically does not appear in legal statutes,^[1] when used with reference to criminal law the age of consent is the minimum age at which a person is considered to be capable of legally giving informed consent to any contract or behaviour regulated by law with another person. This article refers specifically to those laws regulating sexual acts. This should not be confused with the age of majority, age of criminal responsibility, or the marriageable age.

The age of consent varies widely from jurisdiction to jurisdiction.<ref name="waites" /> The median seems to range from 16 to 18 years, but laws stating ages ranging from 12 to 21 do exist. In many jurisdictions, age of consent is interpreted to mean mental or functional age.[1][2][3][4][5] As a result, victims can be of any chronological age if their mental age is below the age of consent.[6][7][8][9][10] Some jurisdictions forbid sexual activity outside of legal marriage completely. The relevant age may also vary by the type of sexual act, the sex of the actors, or other restrictions such as abuse of a position of trust. Some jurisdictions may also make allowances for minors engaged in sexual acts with each other, rather than a hard and fast single age. Charges resulting from a breach of these laws 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).

There are many grey areas in this area of law, some regarding unspecific and untried legislation, others brought about by debates regarding changing societal attitudes, and others due to conflicts between federal and state laws. These factors all make age of consent an often confusing subject, and a topic of highly charged debates.<ref name="waites" />

Social attitudes

Social (and the resulting legal) attitudes toward the appropriate age of consent have drifted upwards in modern times; while ages from 10 through to 13 were typically acceptable in the mid-Nineteenth Century<ref name="waites" /> , 15 through to 18 had become the norm in many countries by the end of the Twentieth Century.

Moral philosophy

The general moral philosophy behind age of consent laws is the assumed need for the protection of minors. It is a common belief in many societies that minors below a certain age lack the maturity and/or life experience to fully understand the ramifications of engaging in sexual acts. These fears may include but are not limited to resulting pregnancies and psychological or physical damage. There is an ongoing debate in many cultures regarding child sexuality as it relates to age and an appropriate age of consent.<ref name="waites" /> It is these debates that have informed the various laws in different jurisdictions and account for their disparity. Different cultures regard minors engaging in sexual activity as anything from normal to deviant behavior in need of correction.

Religious basis

Many legal systems refer to or are informed by the moral viewpoint of lawmakers, or refer to or appeal to cultural and religious norms. For example the Common law systems practised in the United Kingdom and its former colonies were developed in the context of Christian values. Similarly the Laws in many Muslim based countries are based on the Qur'an and the resulting Sharia. In some legal systems secular philosophies form part of the culture and likewise are part of the context in which the laws are formed, sometimes leading to changes in the law of previous periods. Difference in opinion between various religious and secular groups forms a part of the cultural context of age of consent.

Law

Sexual relations with a person under the age of consent is in general a criminal offence, with punishments ranging from token fines to life imprisonment. Many different terms exist for the charges laid and include child sexual abuse, statutory rape, illegal carnal knowledge, or corruption of a minor.<ref name="waites" />

The enforcement practices of age of consent laws tend to vary depending on the social sensibilities of the particular culture (see above). 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. For example; a teacher, priest or doctor. The gender of each actor can also influence perceptions of an individual's guilt and therefore enforcement.<ref name="waites" />

In many jurisdictions, age of consent is interpreted to mean mental or functional age.[11][12][13][14][15] As a result, victims can be of any chronological age if their mental age is below the age of consent.[16][17][18][19][20]

Close in age exceptions

While some legislation dealing with age of consent sets a hard and fast age under which sexual relations are prohibited, some jurisdictions have included exceptions to this. The exception can take the form of a defense at trial on the grounds of the close age of the participants, or can be an actual close in age exemption in the law negating any charges. The latter details acceptable age ranges for consensual sex between peers that otherwise would not be legal because one or both of the participants would be below the age of consent. The age differences of these two types of legislation vary by jurisdiction, from as low as one year (as in South Australia) to as high as ten years (as in Colorado).

Defenses

The age of consent is a legal barrier to the minor being able to give consent and as such obtaining consent is not in general a defence to having sexual relations with a person under the prescribed age. However, there are some defences in some jurisdictions; common examples include;

Limited mistake of age - Where the accused can show mistaken belief that the victim was not under the age of consent. However, where such a defense is provided, it normally applies only when the victim is close to the age of consent or the accused can show due diligence in determining the age of the victim. (ex: A 17 year old who used a fake ID to get into a bar for people 21 & older.)
Marriage - In those jurisdictions where the marriageable age is less than the age of consent.

These different defenses can change dramatically from jurisdiction to jurisdiction, even between neighbouring states of the same union with the same age of consent.

Extraterritoriality

Increasingly the age of consent laws of a state are applied not only to acts committed on its own territory, but also acts committed by its nationals or inhabitants on foreign territory<ref name="waites" />. This is of questionable legality under international law but such questions are often ignored or neglected, for the most part for social and/or religious reasons. Such provisions have been frequently adopted to help reduce the incidence of child sex tourism. See the relevant sections below for discussion of laws in specific jurisdictions. See also Universal jurisdiction; the effective age of consent may be the highest of those corresponding to the list in Applicable jurisdictions.

Homosexual and heterosexual age discrepancies in law

Due to homosexuality laws, some jurisdictions have different ages of consent for heterosexual and homosexual intercourse, while some jurisdictions outlaw homosexual intercourse altogether. These disparities are increasingly being challenged. Cases such as Lawrence v. Texas in the Supreme Court of the United States and Morris v. The United Kingdom in the European Court of Human Rights have set precedents for international law.^[2] For specific examples see the articles listed under Ages of consent in various countries below.

Other concerns

Marriage

Main article: Marriageable age

The age at which a person can be legally married can also differ from the age of consent. In some jurisdictions this can negate the age of consent laws where the marriageable age is lower than the age of consent, but in others it does not. Further still, some jurisdictions have no actual age of consent but require persons to be married before they can legally engage in sexual activity.

Pornography

Main article: Child pornography

Discrepancies also exist in some areas between the age of consent and the legal barrier at which an individual can appear in pornographic images and films. In many jurisdictions, the minimum age for legal participation and even viewing of such productions is 18. Films and images showing individuals under the age of 18 (or who appear to be under in some jurisdictions) in applicable jurisdictions are classified as child pornography, even though the legal age of consent in those same jurisdictions is lower than 18.

Prostitution

Main article: Prostitution of children

While the legality of adult prostitution varies between different parts of the world, the prostitution of minors is illegal in most countries. Furthermore, some countries enforce worldwide jurisdiction over any involvement in child prostitution by their nationals.

The most common definition of a 'child' in this context is a person that is under the age of 18, although the laws of some countries distinguish between teenage prostitutes and the prostitution of younger children. For example, the Thai government defines a teenage prostitute as being between 15 and 18 years old, while the Japanese government defines one as being between 13 and 18. The age boundary for teenage prostitution is generally not the same as the age of consent in those countries.

Statutory rape

Main article: Statutory rape

Where a jurisdiction's age of consent laws for sexual activity treat those convicted of those laws with the same severity as criminal rape the law is often referred to as statutory rape. This is an emotive title to some who view the age of consent laws as lesser crimes or as no crime at all. The different titles of age of consent laws include statutory rape, rape of a child, corruption of a minor, carnal knowledge of a minor and so on. However, in the vernacular many of these terms are interchangeable and little differentiation is made.

Initiatives to change the age of consent

Main article: Age of consent reform

Age of consent reform refers to the efforts of some individuals or groups, for different reasons and with varying arguments, to raise, lower, abolish or otherwise alter age of consent laws. These efforts advocate five main positions:

An introduction of close-in-age exemptions.
A change in the way age of consent laws are examined in court.
An increase in the ages of consent, more severe penalties for violation of these laws or both.
A decrease in the ages of consent, less severe penalties for violation of these laws or both.
To abolish the age of consent laws altogether or as a temporary practical expedient.

There is an ongoing debate over these laws. However, critics on both sides of these arguments are often arguing at cross purposes due to their differences in defining what exactly the age of consent laws are to achieve and who they are intended to protect. For example those advocating close in age exceptions may be held up by their opponents as contradicting the protective nature of the age of consent law.

Ages of consent in various countries

Specific jurisdictions' laws relating to age of Consent can be found on the following pages:

Listed by region

__ Africa

__ Asia

__ Australia and Pacific Region

__ Europe

__ North America

__ South America

__ While there are no specific age of consent laws in the Antarctic, in the unlikely event of a minor engaging in sexual activity, under the Antarctic Treaty, scientists and support staff stationed there may be subject to the laws of the party of which they are nationals. Other visitors to the continent may need to follow the laws of the country in which their expedition is organised, or the country from which it departs.^[3]

Notes and references

1. ^ Waites, Matthew (2005). The Age of Consent: Young People, Sexuality and Citizenship. Palgrave Macmillan. ISBN 1-4039-2173-3.
2. ^ Legal wrap up survey. www.ilga.org (2006-07-20). Retrieved on 2006-10-21.
3. ^ What is the treaty?. Australian Antarctic Division (2006-03-23). Retrieved on 2006-07-18.

Africa

Algeria: 21 for males and 18 for females, scope for judicial discretion if necessity or benefit is established for marriage below

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Position of trust is a legal term that is commonly used in the United Kingdom, the United States, and Canada. It refers to a position of authority over another person or within an organization.
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worldwide view.

Statutory rape (sometimes called "rape of a child", "corruption of a minor", "carnal knowledge of a minor" and so on) is the crime of sex with a minor under the age of consent (AOC), the age at which individuals are considered competent to give consent
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grey area is a term for a border in-between two or more things that is unclearly defined, a border that is hard to define or even impossible to define, or a definition where the distinction border tends to move.
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For the periodical, see .

The 19th Century (also written XIX century) lasted from 1801 through 1900 in the Gregorian calendar. It is often referred to as the "1800s.
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twentieth century of the Common Era began on January 1, 1901 and ended on December 31, 2000, according to the Gregorian calendar. Some historians consider the era from about 1914 to 1991 to be the Short Twentieth Century.
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worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.

In many countries such as India, the UK, Australia, Canada and New Zealand a minor is presently defined as a person under the age of 18.
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Maturity may refer to:

Sexual maturity
Mature technology, a term indicating that a technology has been in use and development for long enough that most of its initial problems have been overcome

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Deviant behavior is behavior that is a recognized violation of social norms. Formal and informal social controls attempt to prevent or minimize deviance. One such control is through the medicalization of deviance.
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moral is a message conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader or viewer to determine for themselves, or may be explicitly encapsulated in a maxim.
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In common law legal systems, the law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases.
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Motto
"Dieu et mon droit" ^[2] (French)
"God and my right"
Anthem
"God Save the Queen" ^[3]
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The term Christian values usually refers to the values the speaker feels represent those found in the teachings of Christ as described in parts of the United States.

The biblical teachings of Christ include

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Muslim (Arabic: مسلم) is an adherent of the religion of Islam. The feminine form of 'Muslim' is Muslimah (Arabic: مسلمة).
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The Qur’ān ^[1] (Arabic: القرآن
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Sharia (Arabic: شريعة transliteration: Šarī‘ah
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Secularism is generally the assertion that certain practices or institutions should exist separately from religion or religious belief. Alternatively, it is a principle of promoting secular ideas or values in either public or private settings.
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The word crime comes from the Latin crimen (genitive criminis), from the Latin root cernō and Greek κρινω = "I judge". Originally it meant "charge (in law), guilt, accusation.
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Child sexual abuse is an umbrella term describing criminal and civil offenses in which an adult engages in sexual activity with a minor or exploits a minor for the purpose of sexual gratification.
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worldwide view.

Due diligence is a term used for a number of concepts involving either the performance of an investigation of a business or person, or the performance of an act with a certain standard of care.
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ages at which people are allowed to marry in various countries. This list is current, and does not treat the topic in history.

Africa

Algeria: 21 for males and 18 for females, scope for judicial discretion if necessity or benefit is established for marriage below

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Age Of Consent

Social attitudes

Moral philosophy

Religious basis

Law

Close in age exceptions

Defenses

Extraterritoriality

Homosexual and heterosexual age discrepancies in law

Other concerns

Marriage

Pornography

Prostitution

Statutory rape

Initiatives to change the age of consent

Ages of consent in various countries

Listed by region

Notes and references

Further reading

See also

Africa

Africa