Age of consent: Difference between revisions

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	==Ages of consent in various countries==		==Ages of consent in various countries==
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	Specific jurisdictions' laws relating to age of Consent can be found on the following pages:		Specific jurisdictions' laws relating to age of Consent can be found on the following pages:

Revision as of 19:07, 31 May 2007

For other uses, see the legal concept regarding sexual activity.

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

The age of consent varies widely from jurisdiction to jurisdiction. The median seems to range from 14 to 16 years, but laws stating ages ranging from 12 to 21 do exist. 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.

Social attitudes

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

In the United States, this upward trend reflects changes in national economy, increasing lifespans, and improvements in medical care. Prior to the Twentieth Century, the bulk of America's economy was agriculture, with family-owned farms being typical. These farms needed a sizeable workforce to operate; farmers often "grew" their farm hands in the form of large families.

Because medical services and prenatal care were expensive, difficult to reach, or non-existent, women had to begin birthing their offspring at 15 or 16 years old, the peak of their physical health. In the 1800s, women typically stopped giving birth by their mid-20s. Women who birthed in later years risked death from the stress of childbirth. Many age-of-consent laws come from this era, granting persons 15 or 16 years old the right of sexual activity.

Moral philosophy

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

Religious basis

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

Law

Sexual relations with a person under the age of consent is in general a criminal offence, with punishments ranging from token fines to life imprisonment. Many different terms exist for the charges laid and include statutory rape, illegal carnal knowledge, or corruption of a minor.

The enforcement practises of age of consent laws tend to vary depending on the social sensibilities of the particular culture (see above). Often enforcement is not exercised to the letter of the law, with legal action being taken only when a sufficiently socially-unacceptable age gap exists between the two individuals, or if the perpetrator is in a position of authority over the minor. For example; a teacher, priest or doctor. The gender of each actor can also influence perceptions of an individual's guilt and therefore enforcement.

Close in age exceptions

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

Defences

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

Limited mistake of age - Where the accused can show mistaken belief that the victim was not under the age of consent. However, where such a defence is provided, it normally applies only when the victim is close to the age of consent or the accused can show due diligence in determining the age of the victim. (ex: A 16 year old who used a fake ID to get into a bar for people 21 & older.)
Marriage - In those jurisdictions where the marriageable age is less than the age of consent.

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

Extraterritoriality

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

Homosexual and heterosexual age discrepancies in law

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

Other concerns

Marriage

Main article: Marriageable age

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

Pornography

Main article: Child pornography

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

Prostitution

Main article: Prostitution of children

The age at which a person can engage in prostitution is often set at the age of majority rather than at the age of consent. Laws vary by jurisdiction, with some prohibiting prostitution altogether.

Statutory rape

Main article: Statutory rape

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

Initiatives to change the age of consent

Main article: Age of consent reform

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

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

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

Ages of consent in various countries

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

Listed by geographic region

__ Africa

__ Asia

__ Australia and Pacific Region

__ Europe

__ North America

__ South America

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

Notes and references

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

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