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The age of consent is the age at which a person is considered to be
legally competent
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Comp ...
to
consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
to
sexual acts
Human sexual activity, human sexual practice or human sexual behaviour is the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts, ranging from activities done alone (e.g., masturbation) t ...
. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity may be considered
child sexual abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whet ...
or
statutory rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual ...
. The person below the minimum age is considered the victim, and their sex partner the offender, although some jurisdictions provide exceptions through "
Romeo and Juliet laws" if one or both participants are underage, and are close in age.
The term ''age of consent'' typically does not appear in legal
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
s.
Generally, a law will establish the age below which it is illegal to engage in sexual activity with that person. It has sometimes been used with other meanings, such as the age at which a person becomes competent to consent to
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
, but consent to sexual activity is the meaning now generally understood. It should not be confused with other laws regarding age minimums including, but not limited to, the
age of majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...
,
age of criminal responsibility
The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so tha ...
,
voting age
A voting age is a minimum age established by law that a person must attain before they become eligible to vote in a public election. The most common voting age is 18 years; however, voting ages as low as 16 and as high as 25 currently exist
(s ...
,
drinking age
The legal drinking age is the minimum age at which a person can legally consume alcoholic beverages. The minimum age alcohol can be legally consumed can be different from the age when it can be purchased in some countries. These laws vary betwee ...
, and
driving age
The minimum driving age is the minimum age at which a person may obtain a driver's license to lawfully drive a motor vehicle on public roads. That age is determined by and for each jurisdiction and is most commonly set at 18 years of age, but lea ...
.
Age of consent laws vary widely from jurisdiction to jurisdiction,
though most jurisdictions set the age of consent in the range 14 to 18. The laws may also vary by the type of sexual act, the gender of the participants or other considerations, such as involving a
position of trust
A position of trust is any position that requires its holder to enjoy the trust of those who elected or chose the holder. It is often used in a more restricted sense defined by an organization or by legislation.
One possible legal summary of a Pos ...
; some jurisdictions may also make allowances for minors engaged in sexual acts with each other, rather than a single age. Charges and penalties resulting from a breach of these laws may range from a
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
, such as ''corruption of a minor'', to what is popularly called ''statutory rape''.
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
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
and
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
laws. These factors all make age of consent an often confusing subject and a topic of highly charged debates.
By continent
Africa
*
Ages of consent in Africa
The age of consent in Africa for sexual activity varies by jurisdiction across the continent. The specific activity engaged in or the gender of its participants can also affect this age and the legality of sexual activity. The highlighted age re ...
Americas
*
Ages of consent in North America
In North America, the legal age of consent relating to sexual activity varies by jurisdiction.
The age of consent in Canada is 16. As of August 2018, each U.S. state has set its age of consent at age 16, age 17, or age 18.
The age of conse ...
**
Ages of consent in the United States
In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the l ...
*
Ages of consent in South America
Asia
*
Ages of consent in Asia
The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. T ...
Europe
*
Ages of consent in Europe
The ages of consent vary by jurisdiction across Europe. The ages of consent are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18) and Vatican C ...
Oceania
*
Ages of consent in Oceania
History and social attitudes
Traditional attitudes
In traditional societies, the age of consent for a sexual union was a matter for the family to decide, or a tribal custom. In most cases, this coincided with signs of
puberty
Puberty is the process of physical changes through which a child's body matures into an adult body capable of sexual reproduction. It is initiated by hormonal signals from the brain to the gonads: the ovaries in a girl, the testes in a boy. ...
,
menstruation
Menstruation (also known as a period, among other colloquial terms) is the regular discharge of blood and mucosal tissue from the inner lining of the uterus through the vagina. The menstrual cycle is characterized by the rise and fall of hor ...
for a woman, and pubic hair for a man.
Reliable data for ages at marriage is scarce. In England, for example, the only reliable data in the early modern period comes from property records made after death. Not only were the records relatively rare, but not all bothered to record the participants' ages, and it seems that the more complete the records are, the more likely they are to reveal young marriages. Modern historians have sometimes shown reluctance to accept evidence of young ages of marriage, dismissing it as a 'misreading' by a later copier of the records.
In the 12th century,
Gratian
Gratian (; la, Gratianus; 18 April 359 – 25 August 383) was emperor of the Western Roman Empire from 367 to 383. The eldest son of Valentinian I, Gratian accompanied his father on several campaigns along the Rhine and Danube frontiers and wa ...
, the influential compiler of
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
in
medieval
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the Post-classical, post-classical period of World history (field), global history. It began with t ...
Europe, accepted the age of puberty for marriage to be around twelve for girls and around fourteen for boys but acknowledged consent to be meaningful if both children were older than seven years of age. There were authorities that said that such consent for entering marriage could take place earlier. Marriage would then be valid as long as neither of the two parties annulled the marital agreement before reaching puberty, or if they had already consummated the marriage. Judges sometimes honored marriages based on mutual consent at ages younger than seven: in contrast to established canon, there are recorded marriages of two- and three-year-olds.
The first ''recorded'' age-of-consent law dates from 1275 in England; as part of its provisions on rape, the
Statute of Westminster 1275
The Statute of Westminster of 1275 (3 Edw. I), also known as the Statute of Westminster I, codified the existing law in England, into 51 chapters. Only Chapter 5 (which mandates free elections) is still in force in the United Kingdom, whilst par ...
made it a misdemeanor to "ravish" a "maiden within age," whether with or without her consent. The phrase "within age" was later interpreted by jurist Sir
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”.
History
The name Edward was very popular in Anglo-Sa ...
(England, 17th century) as meaning the age of marriage, which at the time was twelve years of age.
The American colonies followed the English tradition, and the law was more of a guide. For example, Mary Hathaway (Virginia, 1689) was only nine when she was married to William Williams. Sir Edward Coke "made it clear that the marriage of girls under 12 was normal, and the age at which a girl who was a wife was eligible for a
dower
Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law.
...
from her husband's estate was 9 even though her husband be only four years old."
In 17th-century Spain an official legal document of the central council of the Inquisition of Madrid (
The Suprema) written in 1614 stated that "adults" were then considered to be "women over twelve and men over fourteen".
In the 16th century, a small number of Italian and German states set the minimum age for sexual intercourse for girls, setting it at twelve years. Towards the end of the 18th century, other European countries also began to enact similar laws. The first French Constitution of 1791 established the minimum age at eleven years. Portugal, Spain, Denmark and the Swiss cantons initially set the minimum age at ten to twelve years.
Age of consent laws were historically difficult to follow and enforce. Legal norms based on ''age'' were not, in general, common until the 19th century, because clear proof of exact age and precise date of birth were often unavailable.
In 18th century Australia it was thought that children were inherently sinful and vulnerable to sexual temptations. Punishment for "giving in" to these temptations was generally left to parents and was not seen as a government matter, except in the case of rape.
Australian children had few rights and were legally considered the
chattel of their parents.
From the late 18th century, and especially in the 19th century, attitudes started to change. By the mid-19th century there was increased concern over child sexual abuse.
Reforms in the 19th and 20th century
A general shift in social and legal attitudes toward issues of sex occurred during the modern era. Attitudes on the appropriate age of permission for females to engage in sexual activity drifted toward adulthood. While ages from ten to thirteen years were typically regarded as acceptable ages for sexual consent in
Western countries
The Western world, also known as the West, primarily refers to the various nations and states in the regions of Europe, North America, and Oceania. during the mid-19th century,
by the end of the 19th century changing attitudes towards sexuality and childhood resulted in the raising of the age of consent.
English
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
had traditionally set the age of consent within the range of ten to twelve years old, but the
Offences Against the Person Act 1875 raised this to thirteen in Great Britain and Ireland. Early feminists of the
Social Purity movement
The social purity movement was a late 19th-century social movement that sought to abolish prostitution and other sexual activities that were considered immoral according to Christian morality. The movement was active in English-speaking nations fr ...
, such as
Josephine Butler
Josephine Elizabeth Butler (' Grey; 13 April 1828 – 30 December 1906) was an English feminist and social reformer in the Victorian era. She campaigned for women's suffrage, the right of women to better education, the end of coverture ...
and others, instrumental in securing the repeal of the
Contagious Diseases Acts
The Contagious Diseases Acts (CD Acts) were originally passed by the Parliament of the United Kingdom in 1864 (27 & 28 Vict. c. 85), with alterations and additions made in 1866 (29 & 30 Vict. c. 35) and 1869 (32 & 33 Vict. c. 96). In 1862, a com ...
, began to turn towards the problem of
child prostitution
Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent.
In most jurisdictions, child ...
by the end of the 1870s. Sensational media revelations about the scourge of child prostitution in London in the 1880s then caused outrage among the respectable middle-classes, leading to pressure for the age of consent to be raised again.
The investigative journalist
William Thomas Stead
William Thomas Stead (5 July 184915 April 1912) was a British newspaper editor who, as a pioneer of investigative journalism, became a controversial figure of the Victorian era. Stead published a series of hugely influential campaigns whilst ed ...
of the ''
Pall Mall Gazette
''The Pall Mall Gazette'' was an evening newspaper founded in London on 7 February 1865 by George Murray Smith; its first editor was Frederick Greenwood. In 1921, '' The Globe'' merged into ''The Pall Mall Gazette'', which itself was absorbed int ...
'' was pivotal in exposing the problem of child prostitution in the London underworld through a publicity stunt. In 1885 he "purchased" one victim,
Eliza Armstrong
The Eliza Armstrong case was a major scandal in the United Kingdom involving a child supposedly bought for prostitution for the purpose of exposing the evils of white slavery. While it achieved its purpose of helping to enable the passage of the ...
, the thirteen-year-old daughter of a
chimney sweep
A chimney sweep is a person who clears soot and creosote from chimneys. The chimney uses the pressure difference caused by a hot column of gas to create a draught and draw air over the hot coals or wood enabling continued combustion. Chimneys ...
, for five pounds and took her to a brothel where she was drugged. He then published a series of four exposés entitled ''
The Maiden Tribute of Modern Babylon
"The Maiden Tribute of Modern Babylon" was a series of newspaper articles on child prostitution that appeared in ''The Pall Mall Gazette'' in July 1885. Written by the paper's crusading editor W. T. Stead, the series was a ''tour de force'' of ...
'', which shocked its readers with tales of child prostitution and the abduction, procurement, and sale of young English virgins to Continental "pleasure palaces". The "Maiden Tribute" was an instant sensation with the reading public, and Victorian society was thrown into an uproar about prostitution. Fearing riots on a national scale, the
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
,
Sir William Harcourt, pleaded in vain with Stead to cease publication of the articles. A wide variety of reform groups held protest meetings and marched together to
Hyde Park
Hyde Park may refer to:
Places
England
* Hyde Park, London, a Royal Park in Central London
* Hyde Park, Leeds, an inner-city area of north-west Leeds
* Hyde Park, Sheffield, district of Sheffield
* Hyde Park, in Hyde, Greater Manchester
Austra ...
demanding that the age of consent be raised. The government was forced to propose the
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 ( 48 & 49 Vict. c.69), or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes," was an Act of the Parliament of the United Kingdom, the lat ...
, which raised the age of consent from thirteen to sixteen and clamped down on prostitution.
In the United States, as late as the 1880s most states set the minimum age at ten to twelve (in Delaware, it was seven in 1895). Inspired by the "Maiden Tribute" articles, female reformers in the U.S. initiated their own campaign, which petitioned legislators to raise the legal minimum age to at least sixteen, with the ultimate goal to raise the age to eighteen. The campaign was successful, with almost all states raising the minimum age to sixteen to eighteen years by 1920.
In
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, Portugal, Denmark, the
Swiss canton
The 26 cantons of Switzerland (german: Kanton; french: canton ; it, cantone; Sursilvan and Surmiran: ; Vallader and Puter: ; Sutsilvan: ; Rumantsch Grischun: ) are the member states of the Swiss Confederation. The nucleus of the Swiss Co ...
s and other countries, the minimum age was raised to between thirteen and sixteen years in the following decades.
Though the original arguments for raising the age of consent were based on morality, since then the ''raison d'être'' of the laws has changed to
child welfare
Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home. One of the ways to e ...
and a so-called right to childhood or innocence.
In France, under the
Napoleonic Code, the age of consent was set in 1832 at eleven, and was raised to thirteen in 1863. It was increased to fifteen in 1945. In the 1970s,
a group of prominent French intellectuals advocated for the repeal of the age of consent laws, but did not succeed.
In
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
, it was set in 1822 at "puberty age", and changed to twelve in 1870, which was kept until 1999, when it became 13; and in 2015 it was raised to 16.
21st century
In the 21st century, concerns about
child sex tourism
Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of '' child'' in the United Nations Convention on the Rights of the Child is "ev ...
and
commercial sexual exploitation
Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appea ...
of children gained prominence, resulting in legislative changes in multiple jurisdictions, as well as the adoption of international laws.
The
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
(
Lanzarote
Lanzarote (, , ) is a Spanish island, the easternmost of the Canary Islands in the Atlantic Ocean. It is located approximately off the north coast of Africa and from the Iberian Peninsula. Covering , Lanzarote is the fourth-largest of the i ...
, 25 October 2007), and the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
's ''Directive 2011/92/EU of the European Parliament and of the Council'' of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography were adopted.
The
came into force in 2002.
The
{{R from mov ...
, which came into force in 2003, prohibits commercial sexual exploitation of children.
The
(which came into force in 2008) also deals with commercial sexual exploitation of children.
Several Western countries have raised their ages of consent in recent decades. These include
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
(in 2008—from 14 to 16); and in Europe,
Iceland
Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...
(in 2007—from 14 to 15),
Lithuania
Lithuania (; lt, Lietuva ), officially the Republic of Lithuania ( lt, Lietuvos Respublika, links=no ), is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea. Lithuania ...
(in 2010—from 14 to 16),
Croatia
, image_flag = Flag of Croatia.svg
, image_coat = Coat of arms of Croatia.svg
, anthem = "Lijepa naša domovino"("Our Beautiful Homeland")
, image_map =
, map_caption =
, capit ...
(in 2013—from 14 to 15), and
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
(in 2015—from 13 to 16).
The
International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
Statute does not provide a specific age of consent in its rape/sexual violence statute, but makes reference to sexual acts committed against persons "''incapable of giving genuine consent''"; and the explicative footnote states, "It is understood that a person may be incapable of giving genuine consent if affected by natural, induced or ''age-related incapacity''." (see note 51)
Law
Sexual relations with a person under the age of consent is a crime in most countries; Jurisdictions use a variety of terms for the offense, including ''
child sexual abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whet ...
'', ''
statutory rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual ...
'', ''illegal
carnal knowledge
Carnal knowledge is an archaic or legal euphemism for sexual intercourse. In modern statutes, the term "sexual penetration" is widely used, though with various definitions.
Biblical source
The term derives from ''carnal'', meaning "of the flesh ...
'', ''corruption of a minor'',
besides others.
The enforcement practices of age-of-consent laws 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 power over the minor (e.g. a teacher, minister, or doctor). The
sex
Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones (ova, oft ...
of each participant can also influence perceptions of an individual's guilt and therefore enforcement.
Age
The threshold age for engaging in sexual activity varies between jurisdictions. Most jurisdictions have set a fixed age of consent.
However, some jurisdictions permit sex with a person after the onset of their
puberty
Puberty is the process of physical changes through which a child's body matures into an adult body capable of sexual reproduction. It is initiated by hormonal signals from the brain to the gonads: the ovaries in a girl, the testes in a boy. ...
, such as
Yemen
Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
, but only in marriage. Ages can also vary based on the type of calendar used, such as the
Lunar calendar
A lunar calendar is a calendar based on the monthly cycles of the Moon's phases (synodic months, lunations), in contrast to solar calendars, whose annual cycles are based only directly on the solar year. The most commonly used calendar, the Gre ...
,
how birth dates in leap years are handled, or even the method by which birth date is calculated.
Defenses and exceptions
The age of consent is a legal barrier to the minor's ability to consent and therefore obtaining consent is not in general a defense to having sexual relations with a person under the prescribed age, for example:
; Reasonable belief that the victim is over the age of consent: In some jurisdictions it is a defense if the accused can show that he or she reasonably believed the victim was over 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
Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care.
It can be a l ...
in determining the age of the victim (e.g. an underage person who used a fake identification document claiming to be of legal age).
; Marriage: In various jurisdictions, age of consent laws do not apply if the parties are legally married to each other.
Ruhollah Khomeini
Ruhollah Khomeini, Ayatollah Khomeini, Imam Khomeini ( , ; ; 17 May 1900 – 3 June 1989) was an Iranian political and religious leader who served as the first supreme leader of Iran from 1979 until his death in 1989. He was the founder of ...
, First
Supreme Leader of Iran
The Supreme Leader of Iran ( fa, رهبر ایران, rahbar-e irān) is the List of heads of state of Iran, head of state of the Iran, Islamic Republic of Iran. The Supreme Leader directs the Government of the Islamic Republic of Iran, executiv ...
, in
Tahrir al-Wasilah
Tahrir al-Wasilah ( ar, تحرير الوسيلة; ''Exegesis of the Means of Salvation'' or ''Commentaries on the Liberation of the Intercession''; in fa, تحریر الوسیله ''Tahrir al-Vasileh'') is a book by Ayatollah Khomeini as a co ...
apart from
sexual penetration
Sexual penetration is the insertion of a body part or other object into a body orifice, such as the mouth, vagina or anus, as part of human sexual activity or animal sexual behavior.
The term is most commonly used in statute law in the context ...
, which he said a girl must be at least 9 years old to do it; he considered other sexual pleasures to be unobjection, whether after 9 years old or before 9 years old, even if those sexual acts done with an suckling infant.
;
:; Similar age
:: Some jurisdictions have laws explicitly allowing sexual acts with minors under the age of consent if their partner is close in age. In
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, the age of consent is 16, but there are three close-in-age exemptions: sex with minors aged 14–15 is permitted if the partner is less than five years older, sex with minors aged 12–13 is permitted if the partner is less than two years older, and sex with minors aged 0–11 is permitted if the partner is 12 or 13 years of age, as long as the partner is not in a position of trust over the other minor.
:; Age under threshold
:: Another approach takes the form of a stipulation that sexual intercourse between a minor and an older partner is legal under the condition that the latter does not exceed a certain age. For example, the age of consent in the US state of
Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
is 18, but it is allowed for teenagers aged 16 and 17 to engage in sexual intercourse as long as the older partner is younger than 30. The law in Canada for sex between minors aged 0–11 with a partner younger than 14 also takes this form.
:; Similar maturity
:: Other countries state that the sexual conduct with the minor is not to be punished if the partners are of a similar age and development: for instance, the age of consent in
Finland
Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of B ...
is 16, but the law states that the act will not be punished if "there is no great difference in the ages or the mental and physical maturity of the persons involved". In
Slovenia
Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, an ...
, the age of consent is 15, but the activity is only deemed criminal if there is "a marked discrepancy between the maturity of the perpetrator and that of the victim".
; Homosexual and heterosexual age discrepancies: Some jurisdictions, such as
the Bahamas
The Bahamas (), officially the Commonwealth of The Bahamas, is an island country within the Lucayan Archipelago of the West Indies in the Atlantic Ocean, North Atlantic. It takes up 97% of the Lucayan Archipelago's land area and is home to ...
, UK overseas territory of the
Cayman Islands
The Cayman Islands () is a self-governing British Overseas Territory—the largest by population in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac and Little Cayman, which are located to the ...
,
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
,
Paraguay
Paraguay (; ), officially the Republic of Paraguay ( es, República del Paraguay, links=no; gn, Tavakuairetã Paraguái, links=si), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to th ...
and
Suriname
Suriname (; srn, Sranankondre or ), officially the Republic of Suriname ( nl, Republiek Suriname , srn, Ripolik fu Sranan), is a country on the northeastern Atlantic coast of South America. It is bordered by the Atlantic Ocean to the north ...
have a higher age of consent for
same-sex sexual activity. However, such discrepancies are increasingly being challenged. Within
Bermuda
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for example (since 1 November 2019 under section 177 of the Criminal Code Act 1907) the age of consent for vaginal and oral sex is 16, but for anal sex it is 18. In Canada, the United Kingdom and Western Australia, for example, the age of consent was formerly 21 for same-sex sexual activity between males (with no laws regarding
lesbian
A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate n ...
sexual activities), while it was 16 for
heterosexual
Heterosexuality is romantic attraction, sexual attraction or sexual behavior between people of the opposite sex or gender. As a sexual orientation, heterosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to ...
sexual activity; this is no longer the case and the age of consent for all sexual activity is 16. In June 2019, the Canadian Government repealed the section of the Criminal Code that set a higher age of consent for anal intercourse.
; Gender-age differentials: In some jurisdictions (such as
Indonesia
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
), there are different ages of consent for heterosexual sexual activity that are based on the gender of each person. In countries where there are gender-age differentials, the age of consent may be higher for girls—for example in
Papua New Guinea
Papua New Guinea (abbreviated PNG; , ; tpi, Papua Niugini; ho, Papua Niu Gini), officially the Independent State of Papua New Guinea ( tpi, Independen Stet bilong Papua Niugini; ho, Independen Stet bilong Papua Niu Gini), is a country i ...
, where the age of consent for heterosexual sex is 16 for girls and 14 for boys, or they may be higher for males, such as in Indonesia, where males must be 19 years old and females must be 16 years old.
There are also numerous jurisdictions—such as Kuwait
and
the Palestinian Territories
The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The In ...
—in which
marriage laws
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act.
Summary table
Rights and obligations
A marriage, by definition, bestows ...
govern the gender-age differential. In these jurisdictions, it is illegal to have sexual intercourse outside of marriage, so the ''de facto'' age of consent is the marriageable age. In Kuwait, this means that boys must be at least 17 and girls at least 15 years old.
; Position of authority/trust: In most jurisdictions where the age of consent is below 18 (such as England and Wales),
in cases where a person aged 18 or older is in a position of trust over a person under 18, the age of consent usually rises to 18 or higher. Examples of such positions of trust include relationships between teachers and students. For example, in England and Wales the age of consent is 16, but if the person is a student of the older person it becomes 18.
; Circumstances of the relationship: In several jurisdictions, it is illegal to engage in sexual activity with a person under a certain age under certain circumstances regarding the relationship in question, such as if it involves taking advantage of or corrupting the morals of the young person. For example, while the age of consent is 14 in Germany and 16 in Canada, it is illegal in both countries to engage in sexual activity with a person under 18 if the activity exploits the younger person. Another example is in Mexico, where there is a crime called "estupro" defined as sexual activity with a person over the age of consent but under a certain age limit (generally 18) in which consent of the younger person was obtained through seduction and/or deceit. In Pennsylvania, the age of consent is officially 16, but if the older partner is 18 or older, he/she may still be prosecuted for corruption of minors if he/she corrupts or tends to corrupt the morals of the younger person.
Extraterritoriality
A growing number of countries have specific
extraterritorial legislation that prosecutes their citizens in their homeland should they engage in illicit sexual conduct in a foreign country with children. In 2008,
ECPAT
ECPAT International is a global network of civil society organisations that works to end the sexual exploitation of children. It focuses on ending the online sexual exploitation of children, the trafficking of children for sexual purposes, the se ...
reported that 44 countries had extraterritorial child sex legislation. For example,
PROTECT Act of 2003
The PROTECT Act of 2003 (, 117 Stat. 650, S. 151, enacted April 30, 2003) is a United States law with the stated intent of preventing child abuse as well as investigating and prosecuting violent crimes against children. "PROTECT" is a contrived ...
, a federal United States law bans sexual activity by its citizens with foreigners or with U.S. citizens from another state, if the partner is under 18 and the activity is illegal under the federal, state, or local law. This applies in cases where any of the partners travels into or out of the United States, or from one state into another, for the purpose of an illegal sexual encounter.
Other issues
Gender of participants
There is debate as to whether the gender of those involved should lead to different treatment of the sexual encounter, in law or in practice. Traditionally, age of consent laws regarding vaginal intercourse were often meant to protect the chastity of unmarried girls.
Many feminists and social campaigners in the 1970s have objected to the social importance of virginity, and have also attempted to change the stereotypes of female passivity and male aggression; demanding that the law protect children from exploitation regardless of their gender, rather than dealing with concerns of chastity. This has led to gender-neutral laws in many jurisdictions.
On the other hand, there is an opposing view which argues that the act of vaginal intercourse is an "unequal act" for males and females, due to issues such as pregnancy, increased risk of STDs, and risk of physical injury if the girl is too young and not physically ready. In the US, in ''
Michael M. v. Superior Ct.450 U.S. 464 (1981)'' it was ruled that the double standard of offering more legal protection to girls is valid because "the Equal Protection Clause does not mean that the physiological differences between men and women must be disregarded".
Traditionally, many age of consent laws dealt primarily with men engaging in sexual acts with underage girls and boys (the latter acts often falling under
sodomy
Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...
and
buggery laws). This means that in some legal systems, issues of women having sexual contact with underage partners were rarely acknowledged. For example, until 2000, in the UK, before the
Sexual Offences (Amendment) Act 2000
The Sexual Offences (Amendment) Act 2000 (c.44) is an Act of Parliament, Act of the Parliament of the United Kingdom. It changed the age of consent for male homosexual sexual activities (including anal sex) from 18 (or for some activities, 21) ...
, there was no statutory age of consent for
lesbian
A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate n ...
sex. In
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, before 2005, there were no age of consent laws dealing with women having sex with underage boys. Previously, in Fiji, male offenders of child sexual abuse could receive up to life imprisonment, whilst female offenders would receive up to seven years. Situations like these have been attributed to societal views on traditional
gender roles
A gender role, also known as a sex role, is a social role encompassing a range of behaviors and attitudes that are generally considered acceptable, appropriate, or desirable for a person based on that person's sex. Gender roles are usually cent ...
, and to constructs of
male sexuality
Human male sexuality encompasses a wide variety of feelings and behaviors. Men's feelings of attraction may be caused by various physical and social traits of their potential partner. Men's sexual behavior can be affected by many factors, incl ...
and
female sexuality
Human female sexuality encompasses a broad range of behaviors and processes, including female sexual identity and sexual behavior, the physiological, psychological, social, cultural, political, and spiritual or religious aspects of sexual ac ...
; according to E Martellozzo, "
ewing females as perpetrators of sexual abuse goes against every stereotype that society has of women: women as mothers and caregivers and not as people who abuse and harm".
Alissa Nutting
Alissa Nutting (born 1980 or 1981) is an American author and creative writing professor. Her writing has appeared in ''Tin House'', ''Fence'', ''BOMB'' and the fairy tale anthology ''My Mother She Killed Me, My Father He Ate Me''. She is an assoc ...
argues that women are not acknowledged as perpetrators of sex crimes because society does not accept that women have an autonomous sexuality of their own.
Marriage and the age of consent
The age at which a person can be legally married can differ from the age of consent. In jurisdictions where the marriageable age is lower than the age of consent, those laws usually override the age of consent laws in the case of a married couple where one or both partners are below the age of consent. Some jurisdictions prohibit all sex outside of marriage irrespective of age, as in the case of
Yemen
Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
.
Prostitution
In many countries, there are specific laws dealing with child prostitution.
Pornography and "jailbait" images
In some countries, states, or other jurisdictions, the age of consent may be lower than the age at which a person can appear in
pornographic
Pornography (often shortened to porn or porno) is the portrayal of Human sexual activity, sexual subject matter for the exclusive purpose of sexual arousal. Primarily intended for adults, images and films. In many jurisdictions, the minimum age for participation and even viewing such material is 18. As such, in some jurisdictions, films and images showing individuals under the age of 18, but above the age of consent, that meet the legal definition of
child pornography
Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a chi ...
are prohibited despite the fact that the sexual acts depicted are legal to engage in otherwise under that jurisdiction's age of consent laws. In those cases, it is only the filming of the sex act that is the crime as the act itself would not be considered a sex crime. For example, in the United States under federal law it is a crime to film minors below 18 in sexual acts, even in states where the age of consent is below 18.
In those states, charges such as child pornography can be used to prosecute someone having sex with a minor, who could not otherwise be prosecuted for statutory rape, provided they filmed or photographed the act.
Jailbait images
Jailbait images are sexualized images of minors who are perceived to meet the definition of jailbait. Jailbait images can be differentiated from child pornography as jailbait images do not usually contain nudity. Jailbait depicts tween or young ...
can be differentiated from child pornography, as they do not feature minors before the onset of puberty, nor do they contain nudity.
The images are, however, usually sexualized,
often featuring
tween
Preadolescence is a stage of human development following middle childhood and preceding adolescence.New Oxford American Dictionary. 2nd Edition. 2005. Oxford University Press. It commonly ends with the beginning of puberty. Preadolescence is ...
or young teenagers in bikinis, skirts,
underwear or lingerie.
Whether or not these images are legal is debated. When questioned regarding their legality legal analyst
Jeffrey Toobin
Jeffrey Ross Toobin (; born May 21, 1960) is an American lawyer, author, blogger, and longtime legal analyst for CNN. He left CNN on September 4, 2022.
During the Iran–Contra affair, Toobin served as an associate counsel on this investigation ...
stated he thought it was not illegal, though legal expert
Sunny Hostin
Asunción "Sunny" Cummings Hostin (; born October 20, 1968) is an American lawyer, journalist, and television host. Hostin is co-host on ABC's morning talk show '' The View'' as well as the Senior Legal Correspondent and Analyst for ABC News. ...
was more skeptical, describing jailbait images as "borderline" child pornography which may be illegal.
Health
The human
immune system
The immune system is a network of biological processes that protects an organism from diseases. It detects and responds to a wide variety of pathogens, from viruses to parasitic worms, as well as cancer cells and objects such as wood splinte ...
continues to develop after puberty.
The age of exposure has an influence upon if the immune system can fend off infections in general, and this is also true in the case of some
sexually transmitted diseases
Sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs) and the older term venereal diseases, are infections that are spread by sexual activity, especially vaginal intercourse, anal sex, and oral sex ...
. For example, a risk factor for
HPV
Human papillomavirus infection (HPV infection) is caused by a DNA virus from the '' Papillomaviridae'' family. Many HPV infections cause no symptoms and 90% resolve spontaneously within two years. In some cases, an HPV infection persists and re ...
strains causing
genital wart
Genital warts are a sexually transmitted infection caused by certain types of human papillomavirus (HPV). They are generally pink in color and project out from the surface of the skin. Usually they cause few symptoms, but can occasionally be pai ...
s is sexual debut at a young age;
if this extends to the cancer causing strains, then sexual debut at a young age would potentially also increase risk of persistence of HPV infections that cause the very
HPV induced cancers that are being diagnosed in spiking numbers of relatively young people.
Initiatives to change the age of consent
Age-of-consent reform refers to the efforts of some individuals or groups, for different reasons, to alter or abolish age-of-consent laws. These efforts advocate positions such as:
* Introductions of close-in-age exceptions.
* Reducing the age-of-consent for homosexual activity to match that of heterosexual activity.
* A change in the way that age-of-consent laws are examined in court.
* Either increases in the ages of consent or more severe penalties or both.
* Either decreases in the ages of consent or less severe penalties or both.
* Abolition of the age-of-consent laws either permanently or as a temporary, practical expedient.
See also
*
Adult film industry regulations
*
Age disparity in sexual relationships
Concepts of age disparity in sexual relationships, including what defines an age disparity, have developed over time and vary among societies. Differences in age preferences for mates can stem from partner availability, gender roles, and evoluti ...
*
Age of accountability
Coming of age is a young person's transition from being a child to being an adult. The specific age at which this transition takes place varies between societies, as does the nature of the change. It can be a simple legal convention or can be ...
*
Age of candidacy
Age of candidacy is the minimum age at which a person can legally hold certain elected government offices. In many cases, it also determines the age at which a person may be eligible to stand for an election or be granted ballot access.
The firs ...
*
Age of Consent Act, 1891
The Age of Consent Act, 1891, also known as Act X of 1891, was a legislation enacted in British India on 19 March 1891 which raised the age of consent for sexual intercourse for all girls, married or unmarried, from ten to twelve years in all ju ...
(British India)
*
Age of consent reform (UK)
Restrictions on sexual activity involving children in the United Kingdom and its predecessors have existed since medieval times. During the 1970s, there was some political advocacy in favour of significantly reducing the age of consent, support ...
*
Age of majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...
*
Age of reason (canon law)
In the canon law of the Catholic Church, a person is a subject of certain legal rights and obligations. Persons may be distinguished between physical and juridic persons. Juridic persons may be distinguished as collegial or non-collegial, and pub ...
*
Child sexual abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whet ...
*
Comprehensive sex education
Comprehensive sexuality education (CSE) is a sex education instruction method based on-curriculum that aims to give students the knowledge, attitudes, skills, and values to make appropriate and healthy choices in their sexual lives. The intention i ...
*
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
*
Emancipation of minors
Emancipation of minors is a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child. Minors are norm ...
*
Fitness to plead
In the law of England and Wales, fitness to plead is the capacity of a defendant in criminal proceedings to comprehend the course of those proceedings. The concept of fitness to plead also applies in Scots and Irish law."During the period 1946 to ...
, ''law of England and Wales''
*
French petition against age of consent laws
*
Gillick competence
Gillick competence is a term originating in England and Wales and is used in medical law to decide whether a child (a person under 16 years of age) is able to consent to their own medical treatment, without the need for parental permission or kn ...
*
Legal age Legal age or codified age refers to age at which a person may legally engage in a certain activity. Most frequently, this is the age of majority (also known as the "age of maturity"), the threshold of adulthood as recognized in law.
Other ages of l ...
*
Mature minor doctrine
The mature minor doctrine is a rule of law found in the United States and Canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or ...
*
Minors and abortion
Many jurisdictions have laws applying to minors and abortion. These parental involvement laws require that one or more parents consent or be informed before their minor daughter may legally have an abortion.
Minors and abortion in law Australia ...
*
Sex-positive movement
The sex-positive movement is a social and philosophical movement that seeks to change cultural attitudes and norms around sexuality, promoting the recognition of sexuality (in the countless forms of expression) as a natural and healthy part of th ...
*
Sodomy law
* ''
The Maiden Tribute of Modern Babylon
"The Maiden Tribute of Modern Babylon" was a series of newspaper articles on child prostitution that appeared in ''The Pall Mall Gazette'' in July 1885. Written by the paper's crusading editor W. T. Stead, the series was a ''tour de force'' of ...
''
*
Youth
Youth is the time of life when one is young. The word, youth, can also mean the time between childhood and adulthood ( maturity), but it can also refer to one's peak, in terms of health or the period of life known as being a young adult. You ...
*
Youth suffrage
Youth suffrage, or children's suffrage, is the right of youth to vote and forms part of the broader youth rights movement. Until recently Iran had a voting age of 15; Argentina, Austria, Brazil, Cuba, Ecuador and Nicaragua have a voting age of 16 ...
*
Youth rights
The youth rights movement (also known as youth liberation) seeks to grant the rights to young people that are traditionally reserved for adults, due to having reached a specific age or sufficient maturity. This is closely akin to the notion ...
References
Further reading
* Brewer, Holly
''By Birth or Consent: Children, Law, & the Anglo-American Revolution in Authority''; Univ. of North Carolina Press (Chapel Hill, 2005)
* Robertson, Stephen (
University of Sydney
The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
).
Age of Consent Laws" In: ''Children & Youth in History'', Roy Rosenzweig Center for History and New Media (CHNM) at
George Mason University
George Mason University (George Mason, Mason, or GMU) is a public research university in Fairfax County, Virginia with an independent City of Fairfax, Virginia postal address in the Washington, D.C. Metropolitan Area. The university was origin ...
and the
University of Missouri–Kansas City
The University of Missouri–Kansas City (UMKC) is a public research university in Kansas City, Missouri. UMKC is part of the University of Missouri System and one of only two member universities with a medical school. As of 2020, the university ...
.—Includes links to primary sources.
* Waites, Matthew (2005).
The Age of Consent: Young People, Sexuality and Citizenship', (New York
nited States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
and Houndmills, Basingstoke
nited Kingdom Palgrave Macmillan)
*
External links
* (Some information may be out of date)
*
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Adolescent sexuality
Age and society
Minimum ages
Sex laws
Sexuality and age
Statutory law