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08-SEPTEMBER-2008 07:42:01 - 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 in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent of consenting to 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 from jurisdiction to jurisdiction.1 The median seems to range from 16 to 18 years, but laws stating ages ranging from 9 to 21 do exist. In many jurisdictions, age of consent is interpreted to mean mental or functional age.2 As a result, victims can be of any chronological age if their mental age is below the age of consent.3 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.1 Age of consent laws for heterosexual sex Worldwide Age of consent laws for heterosexual sex Worldwide Contents 1 History 2 Social attitudes 2.1 Moral philosophy 2.2 Religious basis 3 Law 3.1 Close in age exceptions 3.2 Defenses 3.3 Extraterritoriality 3.4 Homosexual and heterosexual age discrepancies 4 Other concerns 4.1 Marriage 4.2 Pornography 4.3 Prostitution 4.4 Statutory rape 4.5 Initiatives to change the age of consent 5 Ages of consent in various countries 5.1 Listed by region 6 See also 7 References 7.1 Further reading 8 External links History Based on ancient Jewish law, Bar and Bat Mitzvah placed age of consent at 12 for girls and 13 for boys.4 Social attitudes Social and the resulting legal attitudes toward the appropriate age of consent have drifted upwards in modern times. For example, while ages from 10 to 13 were typically acceptable in western countries during the mid-19th century,1 15 to 18 had become the norm in many countries by the end of the 20th 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 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.1 It is these debates that have informed the various laws in different jurisdictions and account for their disparity. Religious basis It should be noted that no major religion actually says it is wrong for someone over 18 to have sex with someone under 18, although some say that it is wrong for a man to have sex with a child. The question then becomes what is a child and what is an adult. 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 practiced 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 community service up to and including the death penalty. Many different terms exist for the charges laid and include child sexual abuse, statutory rape, illegal carnal knowledge, or corruption of a minor.1 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 -- e.g., a teacher, priest or doctor. The gender of each actor can also influence perceptions of an individual's guilt and therefore enforcement.1 In many jurisdictions, age of consent is interpreted to mean mental or functional age.2 As a result, victims can be of any chronological age if their mental age is below the age of consent.3 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. 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. 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. e.g. A 17 year old who used a fake ID to get into a bar for people 21 older.5 Marriage - In those jurisdictions where the marriageable age is less than the age of consent.citation needed Rape - where someone under the age of consent detains and rapes someone over the age of consent.citation needed 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 territory1. 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; in principle the effective age of consent is the highest of all applicable ones. Homosexual and heterosexual age discrepancies Some jurisdictions such as Bahamas, Bermuda, Chile, Gibraltar, Guernsey, Suriname and Vanuatu have higher ages of consent for homosexual intercourse 6, while 70 out of 195 jurisdictions around the world 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 Crown United Kingdom in the European Court of Human Rights have set precedents for international law.7 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 Variations also exist in some countries between the age of consent and the age 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 can be classified as child pornography, even though the legal age of consent in those same jurisdictions is lower than 17. 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 who 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 other forms of rape the law is often referred to as statutory rape. 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 others. 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 owing 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 Listed by region Specific jurisdictions' laws relating to age of consent can be found on the following pages: Africa Asia Oceania Europe North America Central America South America Antarctica - 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 expion is organized, or the country from which it departs.8 See also Age disparity in sexual relationships British manifestations to lower the age of consent Child sexual abuse Convention on the Rights of the Child Emancipation of minors French petitions against age of consent laws The Maiden Tribute of Modern Babylon, a Victorian expose of child prostitution Minors and abortion Sexual Morality and the Law Sodomy law References The references used in this article may be clearer with a different or consistent style of citation, footnoting, or external linking. ^ a b c d e f g h Waites, Matthew 2005. The Age of Consent: Young People, Sexuality and Citizenship. Palgrave Macmillan. ISBN 1-4039-2173-3. ^ a b 1 2 3 4 5 ^ a b 6 7 8 9 10 ^ Niddah, 45b. ^ Larry W. Myers 1965. Reasonable Mistake of Age: A Needed Defense to Statutory Rape. Michigan Law Review 64 1: 105-136. 11. doi:10.2307/1287118. ^ A table of worldwide ages of consent, including US states ^ Legal wrap up survey. www.ilga.org 2006-07-20. Retrieved on 2006-10-21. ^ What is the treaty?. Australian Antarctic Division 2006-03-23. Retrieved on 2006-07-18. Further reading Published books on the subject: Waites, Matthew 2005 The Age of Consent: Young People, Sexuality and Citizenship, New York United States and Houndmills, Basingstoke United Kingdom: Palgrave Macmillan ISBN 1-4039-2173-3 External links Legislation of Interpol member states on sexual offenses against children Some information may be out of date Worldwide ages of consent v d e Sex History History of human sexuality · History of erotic depictions · Sexual revolution Sexual acts Sexual intercourse foreplay · positions · Oral sex · Anal sex · Anal-oral sex · Group sex · Sexual sublimation · Barebacking · Dirty talk · Facial · Fingering · Fisting · Masturbation · Handjob · Non-penetrative sex · Sumata · Quickie Physiological events Ejaculation · Erection · Insemination · Orgasm · Pregnancy · Sexual arousal Health and education Andrology · Birth control · Erectile dysfunction · Gynaecology · Hypersexuality · Safer sex · Sexual dysfunction · Sex education · Sexually transmitted disease · Urology Identity Sexual identity · Sexual orientation Law Age of consent · Obscenity · Public indecency · Rape · Sexual assault · Sexual abuse · Sexual harassment Relationships and society BDSM · Incest · Marriage · Paraphilia · Prostitution · Religion and sexuality · Romance · Sexual abstinence · Sexual attraction · Sexual ethics · Sexual objectification · Sex surrogate · Sex tourism · Abortion Sex industry Artificial vagina · Dildo · Erotica · Lubricant · Paddle · Pornography · Vibrator · Sex doll · Sex toys · Sex shop · Adult video game Human sexual behavior · Human sexuality · Sexology · Sexual slang · Animal sexual behavior v d e Sexual ethics List of topics in sexual ethics Age of consent Africa · Asia · Oceania · Europe · North America · Central America · South America Child sexuality Child pornography · Child prostitution · Child marriage Adolescent sexuality Teenage pregnancy · Virginity pledge · Adolescent sexual behavior United States · India Human sexuality Incest · Sex education · Sexual orientation · Adultery · Miscegenation interracial relations Sexual abuse Sexual harassment · Rape · Statutory rape · Child sexual abuse · Child-on-child sexual abuse Sex and the law Age of consent reform · Anti-pedophile activism · Pro-pedophile activism · Prostitution · Bestiality · Sodomy law Retrieved from http://en..org/wiki/Age_of_consent Categories: Statutory law | Legal fictions | Sex laws | Pedophilia | Sexuality and age | Youth rightsHidden categories: All articles with statements | Articles with statements since October 2007 | references cleanup Views Article Discussion this page History Personal tools Log in / create account Navigation Main page Contents Featured content Current events Random article Search Go Search Interaction Community portal Recent changes Contact Donate to Help Toolbox What links here Related changes Upload file Special pages Printable version Permanent link Cite this page Languages Dansk Deutsch Español Français Italiano עברית Magyar 日本語 ‪Norsk bokmÃ¥l‬ Polski Português РуÑ?Ñ?кий Simple English Suomi Svenska தமிழà¯? ไทย ä¸æ–‡ This page was last modified on 20 August 2008, at 09:5
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