Age of consent reform
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Age of consent reform is an effort to change
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
laws. Proposed reforms typically include raising, lowering, or abolishing the age of consent, applying (or not applying) close-in-age exemptions, changing penalties, or changing how cases are examined in court. A related issue is whether or not to enforce ages of consent on
homosexual Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
relationships that are different from those enforced on
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 ...
relationships. Organized efforts have ranged from academic discussions to political petitions.


Initiatives to change the age of consent

There have been many initiatives to raise and lower the age of consent.
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 ...
, a
canon lawyer 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 the 12th century, stated that females and males could not consent to betrothal before 7 years of age and consent could not take place for marriage (sexual intercourse) before 12 years of age for females and 14 years of age for males. At that time, the age of consent for marriage (sexual intercourse) was about 12 years old for females and about 14 years old for males, in most European countries. Today age of consent for sexual intercourse is usually set between 14 years old and 18 years old, in Western countries.


Western Europe


United Kingdom

In 1275, the English government set the age of consent at 12 years old for females as part of a rape law and a 1576 law was created with more severe punishments for which the age of consent was set at 10 years old for females. Jurist Sir Matthew Hale stated that both rape laws were valid at the same time. Age of consent for marriage (sexual intercourse) was set at 12 years old for maidens (girls) and 14 years old for youths (boys), under
English common law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, bee ...
. Age of majority was set at 21 years old, adolescent males and adolescent females needed parental consent to marry. In 1875 the Offence Against the Persons Act raised it to 13 in Great Britain and Ireland. The
Criminal Law Amendment Act of 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 ...
raised it to 16. In 1917, a bill raising the age of consent in Great Britain and Ireland from 16 to 17 was defeated by only one vote. In Northern Ireland in 1950 the legislature of Northern Ireland passed a law called Children and Young Persons Act in 1950 that raised the age of consent from 16 to 17. In 1929, age of consent for marriage (sexual intercourse) was raised to 16 years old for both, females and males. In 1970, the age of majority was lowered from 21 years old to 18 years old, making it legal for males and females 18 years old and older to marry without parental consent.


France

In 1977 while a reform in the French penal code was under discussion in the parliament, a petition to decriminalize all consensual relations between adults and children/teenagers below the age of fifteen was sent to Parliament but did not succeed in changing the law. In 1978 the petition was discussed in a broadcast by radio
France Culture France Culture is a French public radio channel and part of Radio France. Its programming encompasses a wide variety of features on historical, philosophical, sociopolitical, and scientific themes (including debates, discussions, and documentari ...
in the program "Dialogues", with the transcript later published under the title Sexual Morality and the Law in a book by
Michel Foucault Paul-Michel Foucault (, ; ; 15 October 192625 June 1984) was a French philosopher, historian of ideas, writer, political activist, and literary critic. Foucault's theories primarily address the relationship between power and knowledge, and how ...
, later published again under the title The Danger of Child Sexuality. The participants, including Foucault, play-writer/actor
Jean Danet Jean Danet (14 January 1924 – 15 October 2001) was a French actor. He appeared in 27 films between 1942 and 1983. Danet was born in Auray, Brittany, France. Following World War II, he began work in films. He founded Tréteaux de France in ...
and novelist/gay activist Guy Hocquenghem had all signed the petition.


Netherlands

Between 1990 and 2002, the Netherlands operated what was in effect an age of consent of 12, subject to qualifications. The relevant law, passed in November 1990, permitted sexual intercourse for young people between 12 and 16, but allowed a challenge by parents based on erosion of parental authority or child exploitation, which would be heard by a Council for the Protection of Children. In 1979, the Dutch
Pacifist Socialist Party The Pacifist Socialist Party ( nl, Pacifistisch Socialistische Partij, PSP) was a democratic socialist Dutch socialist political party. The PSP played a small role in Dutch politics. It is one of the predecessors of the GreenLeft. Party histor ...
supported an unsuccessful petition to lower the age of consent to 12.


Eastern Europe


Russia


=Before 1922

= Before 1830 the age of consent for marriage (sexual intercourse) was 15 years old for males and 13 years old for females (though 15 years old was preferred for females, so much so that it was written into the Law Code of 1649). Teenage marriage was practised for
chastity Chastity, also known as purity, is a virtue related to temperance. Someone who is ''chaste'' refrains either from sexual activity considered immoral or any sexual activity, according to their state of life. In some contexts, for example when mak ...
. Both the female and the male teenager needed consent of their parents to marry because they were under 20 years old, the age of majority. In 1830, the age of consent for marriage (sexual intercourse) was raised to 18 years old for males and 16 years old for females (though 18 years old was preferred for females). The average age of marriage (sexual intercourse) for females was around 19 years old.


=After 1991

=
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
in 1998 lowered the age of consent from 16 to 14, but in 2002 raised the age of consent from 14 back to 16. Since then penalties have also generally increased.
Vladimir Putin Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
said that a party advocating lowering the age of consent cannot be legally registered (hence, be a legal party) in Russia.


North America


Canada

In June 2006, the Canadian government proposed a bill to raise the age of consent from 14 to 16 (in 1890, it was raised from 12 to 14), while creating a near-age exemption for sex between 14- to 15-year-olds and partners less than 5 years older, and keeping an existing near-age clause for sex between 12 and 13 year olds and partners less than 2 years older. The initiative also maintains a temporary exception for already existing marriages of minors 14 and 15 years old to adults, but forbids new marriages like these in the future. The law took effect May 1, 2008.


United States


=18th century

= The age of consent in question has to do with the law of rape and not the law of marriage (sexual intercourse) as sometimes misunderstood. Under
English common law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, bee ...
the age of consent, a part of the law of rape, was 10 or 12 years old and rape was defined as forceful sexual intercourse with a woman against her will. To convict a man of rape, both force and lack of consent had to be proved, except in the case of a girl who is under the age of consent.
English common law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, bee ...
existed in the British colonies of America and was adopted by Delaware and other states in 1776.


=19th and 20th centuries

= In Delaware, the age of consent was 10 years old until 1871 when it was lowered to 7 years old. Under the 1871 law, a man was given the death penalty for sex with a girl below the age of consent. In 1880, 37 states had an age of consent of 10 years, 10 states had an age of consent at 12 years, and Delaware had an age of consent of 7 years. In the late-19th century, a "
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 ...
" composed of Christian feminist reform groups began advocating a raise in the age of consent to 16, with the goal of raising it ultimately to 18. By 1920, 26 states had an age of consent at 16, 21 states had an age of consent at 18, and one state (Georgia) had an age of consent at 14. Alaska was bought from the Russians and became the 49th state of U.S. in 1959. The age of consent was 16 years old. Hawaii became the 50th state of U.S. in 1959. The age of consent was 14 years old. Two final states legislating their ages of consent into the 15–18 range were Georgia and Hawaii, from 14 to 16, raised in 1995 and 2001, respectively. One state (Colorado) had the age of consent at 15, having been lowered from 18 years old because age of majority was lowered from 21 years old to 18 in 1970.


=Present

= As of October 16, 2020, the age of consent in each state in the United States was either 16 years of age, 17 years of age, or 18 years of age.


=Alabama

= In 2012, Alabama State Representative Mac McCutcheon sponsored a bill to raise the age of consent from 16 to 18. As of August 2018, the age of consent in Alabama remains 16.


=Hawaii

= In 2001, the legislature in Hawaii voted to raise the age of consent from 14 to 16.


=Georgia

= In June 2005, a bill was proposed before the General Assembly of Georgia (USA) to raise the age of consent from 16 to 18. The bill failed, however. Georgia was the most resistant state to raising its age of consent in the early 1900s. Georgia's age of consent was 10 years old until 1918, at which time the age of consent was raised to 14. After raising the age of consent in 1918, Georgia was the only state in the United States to have an age of consent lower than 16. Georgia's age of consent remained at 14 until 1995, when a bill proposed by senator Steve Langford to make the age of consent 16 passed. In 2006, following the case of Genarlow Wilson ( Wilson v. State), aggravated child molestation was reduced to a misdemeanor with a maximum of one year in prison if the offender was under 19, the victim was either 14 or 15 years old, and the offender is no more than 48 months older than the victim. (Georgia penal code, 16-6-4). Previously aggravated child molestation (at any age) carried 5–20 years imprisonment regardless of the age difference between the victim and offender.


=Kentucky

= Under Kentucky law, a person who is sixteen years of age or older may consent to a sexual act with a person not more than ten years older than the minor, but otherwise below the age of eighteen is presumed to be incapable of consent to a sexual act. However, where a person is in a position of authority over the minor such as a teacher, coach or relative, whatever the age difference, a minor below the age of eighteen is deemed incapable of consent.


=Missouri

= In 2008 a bill was introduced in the Missouri legislature to raise the age of consent from 17 to 18. The bill was sponsored by Representative Stanley Cox. The bill did not become law.


=South Carolina

= In South Carolina in 2007 a bill was proposed before the legislature to raise the age of consent from 16 to 18. It did not succeed.


=Wisconsin

= Prior to 1981 Wisconsin had an exception to the law that allowed adults who were guilty of sex with minors 15 or older to use as a defense that the victim understood the nature of the sexual act, but there was a rebuttable presumption in Wisconsin that minors under the age of 18 were not capable of informed consent to sex, but as stated, this could be argued against by the defendant in the court of law if the minor was 15 years of age or older. In 1981 the age of consent was lowered from 18 to 16 in Wisconsin, but at the same time it was made an automatic felony to have sex with anyone under 16, informed consent for a 15-year-old was no longer a defense an adult defendant could use in court. In 1983 the age of consent in Wisconsin was raised from 16 to 18, under the new law sex with a minor 16 or older carried the lesser penalty of a Class A Misdemeanor. A marital exemption was included in the law for an adult who was married to a minor 16 or older, but no close-in-age exception was.


South America


Peru

The age of consent in
Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = Seal (emblem), National seal , national_motto = "Fi ...
was increased from 14 to 18 in 2006 as elections approached, but in 2007, Peru's new Congress voted to return the age to 14 regardless of gender and/or sexual orientation. However, after strong public opposition, the law was raised back to 18 on June 27, 2007, by a vote of 74 to zero (22 abstentions). It was returned to 14 in December 2012.


Asia


India

In January 2004, a
Division bench A Division Bench is a term in judicial system in India in which a case is heard and judged by ''at least'' 2 judges. However, if the bench during the hearing of any matter feels that the matter needs to be considered by a larger bench, such a ...
of the
Kerala Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South ...
's High Court in Southern
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
suggested that the age of consent should be raised from 16 to 18 in that state. Justice R. Basant said he considered "illogic(al)" that a legal system in which an age of 18 is used for other purposes – like the Indian Majority Act, the Contract Act, the Juvenile Justice Act, the
Child Marriage Restraint Act The Child Marriage Restraint Act, 1929, passed on 28 September 1929, in the Imperial Legislative Council of India, fixed the age of marriage for girls at 14 years and boys at 18 years. In 1949, after India's independence, it was amended to 15 for ...
and the Representation of People Act – has a different approach in the case of sexual consent. The age of consent in India was raised from 16 to 18 in 2012.


In the West


Male homosexuality


=United Kingdom

= The male homosexual age of consent in the United Kingdom was set at 21 in the Sexual Offences Act of 1967, lowered to 18 in the
Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed ...
, and then finally lowered equally to 16 in England and Wales and Scotland in the Sexual Offences (Amendment) Act of 2000. In 1970, the age of majority was lowered from 21 years old to 18 years old.


=United States

=
Philip Jenkins Philip Jenkins (born April 3, 1952) is a professor of history at Baylor University in the United States, and co-director for Baylor's Program on Historical Studies of Religion in the Institute for Studies of Religion. He is also the Edwin Erle Sp ...
said in the mid-1970s, there was widespread sympathy among homosexual activist groups for lowering the age of consent for all sexual activities with many gay publications discussing lowering it for boys. These tensions and antagonisms continued among activist circles until the 1980s; however, since the 1970s,
gay liberation The gay liberation movement was a social and political movement of the late 1960s through the mid-1980s that urged lesbians and gay men to engage in radical direct action, and to counter societal shame with gay pride.Hoffman, 2007, pp.xi-xiii. ...
ist groups promoting frontline advocacy against the age of consent were falling into decline. In 1971, the age of majority was lowered from 21 years old to 18 years old, except in Mississippi (21), Alabama (19), and Nebraska (19).


Close-in-age exemptions

In the United States, many states have adopted close-in-age exemptions. These laws, known as "Romeo and Juliet laws" provide that a person can legally have consensual sex with a minor provided that he or she is not more than a given number of years older, generally four years or less. Some Romeo and Juliet laws (such as the law in Michigan) do not make it legal for a person below the age of consent to have sex with a slightly older person, but may exempt the older partner from
sex offender registration A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions, registration i ...
. Romeo and Juliet laws were passed in 2007 in Connecticut and Indiana. In Indiana, a change in the law decriminalizes consensual sex between adolescents if they are found by a court to be in a "dating relationship" with an age difference of four years or less and other states have adopted other reforms. Michigan passed a Romeo and Juliet Law in 2011. These reforms have been controversial. In Texas, Governor
Rick Perry James Richard Perry (born March 4, 1950) is an American politician who served as the 14th United States secretary of energy from 2017 to 2019 and as the 47th governor of Texas from 2000 to 2015. Perry also ran unsuccessfully for the Republica ...
vetoed Romeo and Juliet laws that had been passed by the legislature in 2009, but signed one in 2011 to go into effect in September of that year. A 2011 Romeo and Juliet bill failed to pass in the Illinois legislature. In the
State v. Limon ''State v. Limon'', 280 Kan. 275, 122 P.3d 22 (2005), is a Kansas Supreme Court case in which a state law allowing for lesser punishment for statutory rape convictions if the partners were of different sexes than if they were of the same sex was ...
case, Kansas's Romeo and Juliet law was found to be unconstitutional because it excluded same-sex sexual conduct. Some countries other than the United States also have Romeo and Juliet laws. Ireland's 2006 law has been contested because it treats girls differently from boys.


Advocacy for child-adult relationships

Some have called to abolish the age of consent to allow children and adults to have relationships. Past groups advocating for this include
NAMBLA Nambla is a census village in Baramula district, Jammu & Kashmir, India. As per the 2011 Census of India The 2011 Census of India or the 15th Indian Census was conducted in two phases, house listing and population enumeration. The House ...
in the United States and
Vereniging Martijn Vereniging Martijn (; "Martijn Association"; stylized as MARTIJN) was a Dutch association that advocated the societal acceptance of pedophilia and legalization of sexual relationships between adults and children. Establishment The organization ...
in the Netherlands.


See also

*
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 ...
*
Age of consent reform in the United Kingdom 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 consent reform in Canada Age of consent law in Canada refers to cultural and legal discussions in Canada regarding the age of consent, which was raised in May 2008 as part of the ''Tackling Violent Crime Act''. This applies to all forms of sexual activity. In May 2008, t ...
*
Age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
** List of countries by age of consent **
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 ...
**
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 ...
**
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 ...
** Ages of consent in Oceania **
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 *** Age of consent in Brazil * Half your age plus seven *
Sex education Sex education, also known as sexual education, sexuality education or sex ed, is the instruction of issues relating to human sexuality, including emotional relations and responsibilities, human sexual anatomy, Human sexual activity, sexual acti ...
*
Sexual consent in law Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable o ...
*
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 ...


References

{{DEFAULTSORT:Age Of Consent Reform
Reform Reform ( lat, reformo) means the improvement or amendment of what is wrong, corrupt, unsatisfactory, etc. The use of the word in this way emerges in the late 18th century and is believed to originate from Christopher Wyvill#The Yorkshire Associati ...
Reform Pedophile advocacy