While the phrase age of consent typically does not appear in legal statutes This word is used in contradistinction to the common law. Statutes acquire their force from the time of their passage unless otherwise provided. Statutes are of several kinds; namely, Public or private. Declaratory or remedial. Temporary or perpetual. 1. A temporary statute is one which is limited in its duration at the time of its enactment. It,[1] when used 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. The European Union The European Union is an economic and political union of 27 member states which are located primarily in Europe. Committed to regional integration, the EU was established by the Treaty of Maastricht in 1993 upon the foundations of the European Communities. With over 500 million citizens, the EU combined generated an estimated 28% share (US$ 16.5 calls it the legal age for sexual activities. It should not be confused with the age of majority The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when a minor ceases to legally be considered a child and assumes control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of their parents or guardian over and for them. The, age of criminal responsibility The defense of infancy is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility, the marriageable age Marriageable age is the age at which a person is allowed to marry, either as of right or subject to parental or other forms of consent. The age and other requirements vary between countries. The marriage age should not be confused with the age of majority or the age of consent. The marriage age in a country may be below the age of majority and the, the age at which one can purchase and consume alcoholic beverages, or drive a car.
The age of consent varies from jurisdiction to jurisdiction.[1] The relevant age may also vary by the type of sexual act, the gender of the actors, or other restrictions such as abuse of a position of trust Position of trust is a legal term that is commonly used in the United Kingdom, the United States, and Canada. It refers to a position of authority over another person or within an organization. Crimes committed by a person in a position of trust may be penalized more severely under the law, and those wishing to occupy positions of trust may be. Some jurisdictions may also make allowances for minors engaged in sexual acts with each other, rather than a single age. Charges resulting from a breach of these laws may range from a relatively low-level misdemeanor A misdemeanor, or a misdemeanour in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions . Many misdemeanors are punished with monetary fines 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 A grey area is a term for a border in-between two or more things that is unclearly defined, a border that is hard to define or even impossible to define, or a definition where the distinction border tends to move. There are several flavors of 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]
Contents |
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 The Western world, also known as the West and the Occident , is a term that can have multiple meanings depending on its context (e.g., the time period, the region or social situation). Accordingly, the basic definition of what constitutes "the West" varies, expanding and contracting over time, in relation to various historical during the mid-19th century,[1] 14 to 18 had become the norm in many countries by the end of the 20th century.[citation needed]
Law
Age of consent laws for sex WorldwideSexual relations with a person under the age of consent is in general a criminal offence Crime is the breach of rules or laws for which some governing authority may ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as ", with punishments ranging from community service Volunteers may provide community service, however, not everyone who provides community service is seen as a volunteer, because some people who provide community service are not doing it of their own free will; they are compelled to do so by: up to the death penalty Capital punishment, the death penalty, or execution is the killing of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from Latin capitalis, literally "regarding the head" . Hence, a capital crime was.[citation needed] Many different terms exist for the charges laid and include child sexual abuse, statutory rape, illegal carnal knowledge, and corruption of a minor.[1]
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 authority over the minor (e.g., a teacher, minister, or doctor). The sex of each actor can also influence perceptions of an individual's guilt and therefore enforcement.[1]
Defences and exceptions
The age of consent is a legal barrier to the minor ability to consent and therefore obtaining consent is not in general a defence to having sexual relations with a person under the prescribed age. Common examples:
- Reasonably believe that the victim is over the age of consent—in some jurisdictions, (such as England and Wales England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom. Unlike Scotland and Northern Ireland, England and Wales follow the legal system known as English law, and the two form the constitutional successor to the former Kingdom of England[2]), it is a defence if the accused can show that he or she reasonably believed the victim was over 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 Due Diligence is a term used for a number of concepts involving either the performance of an investigation of a business or person prior to signing of a contract, or the performance of an act with a certain standard of care. It can be a legal obligation, but the term will more commonly apply to voluntary investigations. A common example of due in determining the age of the victim (e.g., a 15-year-old who used a fake identification document to enter a bar for persons 18 and older).[3]
- Marriage—in those jurisdictions where the marriageable age Marriageable age is the age at which a person is allowed to marry, either as of right or subject to parental or other forms of consent. The age and other requirements vary between countries. The marriage age should not be confused with the age of majority or the age of consent. The marriage age in a country may be below the age of majority and the 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]
- Close-in-age—while most legislation dealing with age of consent sets a single age under which sexual relations are illegal, some jurisdictions (such as Canada The land occupied by Canada was inhabited for millennia by various groups of Aboriginal peoples. Beginning in the late 15th century, British and French expeditions explored, and later settled, along the Atlantic coast. France ceded nearly all of its colonies in North America in 1763 after the Seven Years' War. In 1867, with the union of three[4]), have adopted close-in-age exemptions. In Canada the age of consent is 16, but there are two close-in-age exemptions: teenagers who are 14 or 15 may have sex with a partner who is less than five years older, and children aged 12 and 13 may have sex with a partner who is less than two years older. In the United States, these exceptions are colloquially known as "Romeo and Juliet" laws.
These different defences can change dramatically from jurisdiction to jurisdiction, even between neighbouring states of the same union with the same age of consent.
Discrepancies and inconsistencies
The age of consent is not always constant even within the same jurisdiction, in many countries there are a number of discrepancies. Common examples include:
- Homosexual and heterosexual age discrepancies – some jurisdictions, such as The Bahamas The Bahamas (pronounced /ðə bəˈhɑːməz/ ), officially the Commonwealth of The Bahamas, is an English-speaking country consisting of 29 islands, 661 cays, and 2,387 islets (rocks). It is located in the Atlantic Ocean north of Cuba and Hispaniola (Dominican Republic and Haiti), northwest of the Turks and Caicos Islands, and southeast of the, Bermuda Bermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about 1,030 kilometres (640 mi) to the west-northwest. It is about 1,373 kilometres (853 mi) south of Halifax, Nova Scotia, Canada, and 1,770 kilometres (1,100 mi) northeast of, Chile Chile (traditional English pronunciation /ˈtʃɪli/, also pronounced /ˈtʃiːleɪ/ ), officially the Republic of Chile (Spanish: República de Chile [reˈpuβlika ðe ˈtʃile] ( listen)), is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders, Gibraltar Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean, overlooking the Strait of Gibraltar. The territory itself is a peninsula of 6.843 square kilometres (2.642 sq mi) whose isthmus connects to the north with Spain. The Rock of Gibraltar is the major landmark of the, Greece Greece (English: /ˈɡriːs/ ; Greek: Ελλάδα, Elláda, IPA: /eˈlaða/ ( listen); Ancient Greek: Ἑλλάς, Hellás, IPA: /helːás/), also known as Hellas and officially the Hellenic Republic (Ελληνική Δημοκρατία, Ellīnikī́ Dīmokratía, IPA: /eliniˈci ðimokraˈtia/), is a country in southeastern Europe, situated on, Paraguay Paraguay (pronounced /ˈpɛrəgweɪ/ ), officially the Republic of Paraguay (Spanish: República del Paraguay, pronounced [reˈpuβlika ðel paɾaˈɣwai]; Guaraní: Tetã Paraguái /teˈtã paɾaˈgʷaj/), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and and Suriname Suriname or Surinam (pronounced /ˈsʊɹɪnɑm/ , Dutch: Suriname; Sarnami: शर्नम् Sarnam, Sranan Tongo: Sranangron or Sranankondre), officially the Republic of Suriname, is a country in northern South America. Its geographical size is just under 165,000 km2 (64,000 sq mi), and it has an estimated population of approximately 470,000,, have a higher age of consent for homosexual Homosexuality is romantic or sexual attraction or behavior among members of the same sex/gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions primarily to" people of the same sex; "it also refers to an individual’s sense of intercourse. However, such disparities are increasingly being challenged. In Canada The land occupied by Canada was inhabited for millennia by various groups of Aboriginal peoples. Beginning in the late 15th century, British and French expeditions explored, and later settled, along the Atlantic coast. France ceded nearly all of its colonies in North America in 1763 after the Seven Years' War. In 1867, with the union of three, and the Australian For at least 40,000 years before European settlement in the late 18th century, Australia was inhabited by indigenous Australians, who belonged to one or more of the roughly 250 language groups. After sporadic visits by fishermen from the immediate north and discovery by Dutch explorers in 1606, Australia's eastern half was claimed by Britain in 177 state of Queensland Coordinates: 23°0′S 143°0′E / 23°S 143°E Queensland is a state of Australia that occupies the north-eastern section of the mainland continent. It is bordered by the Northern Territory to the west, South Australia to the south-west and New South Wales to the south. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean, the age of consent for anal sex is officially higher at 18, compared with 16 for vaginal and oral sex.[5][6] In Ontario Ontario is bordered by Manitoba on its west, Hudson Bay on its north, and Quebec on its east, and by five states of the United States to its south : Minnesota, Michigan, Ohio, Pennsylvania (Lake Erie) and New York. All but a small portion of Ontario's 2,700 km (1,677 mi) border with the United States follow inland waterways: from the west at Lake and Quebec Quebec is the second most populous province, after Ontario. Most inhabitants live in urban areas near the Saint Lawrence River between Montreal and Quebec City, the capital. English-speaking communities and English-language institutions are concentrated in the west of the island of Montreal but are also significantly present in the Outaouais, the provinces in Canada, this difference is declared unconstitutional by courts.[7][8]
- Gender age discrepancies – in some jurisdictions, (such as Indonesia Indonesia , officially the Republic of Indonesia (Indonesian: Republik Indonesia), is a country in Southeast Asia and Oceania. Indonesia comprises 17,508 islands. With a population of around 230 million people, it is the world's fourth most populous country, and has the world's largest population of Muslims. Indonesia is a republic, with an[9]), there are different ages of consent for heterosexual sexual activity based on the gender of each person. In countries where there is a gender different for heterosexual activity usually females are lower than male for example in Indonesia males have to be of 19 years old and females 16 years old.[9] There are also a number of jurisdictions which have this gender different generated due to the laws governing marriage, (such as Kuwait The State of Kuwait is a sovereign Arab emirate situated in the northeast of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south, and Iraq to the north and lies on the northwestern shore of the Persian Gulf. The name Kuwait is derived from the Arabic "akwat", the plural of "kout", meaning fortress[10] and Palestine The Palestinian National Authority is the administrative organization established to govern parts of the West Bank and Gaza Strip[11]), 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 therefore means that girls have to be at least 15 years old and boys 17 years old.
- Position of authority/trust – in some parts of the world, (such as England and Wales[12]), in cases where a person is in a position of trust over a child or young person the age of consent is set higher. Examples include a teacher and student.
Onset of puberty as the age of consent
In some countries there is no fixed age of consent. Instead, sex is allowed with people who are sexually mature (see: puberty Puberty is the process of physical changes by which a child's body becomes an adult body capable of reproduction. Puberty is initiated by hormone signals from the brain to the gonads . In response, the gonads produce a variety of hormones that stimulate the growth, function, or transformation of brain, bones, muscle, skin, breasts, and). In females it means passing menarche Menarche is the first menstrual cycle, or first menstrual bleeding, in female human beings. From both social and medical perspectives it is often considered the central event of female puberty, as it signals the possibility of fertility, the first menstrual bleeding.
- Yemen Yemen , officially the Republic of Yemen (Arabic: الجمهورية اليمنية al-Jumhuuriyya al-Yamaniyya) [[Media:Ar-al Gumhuriyah al Yamaniyyah.ogg|]] (help·info) is a country located on the Arabian Peninsula in Southwest Asia. It has an estimated population of more than 23 million people and is bordered by Saudi Arabia to the north, the, but only in marriage (more information The ages of consent for sexual activity vary by jurisdiction across Asia. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual)
- Nayarit Nayarit is one of Mexico’s 31 states and is located on the central west coast, bordering the Pacific Ocean. Nayarit is surrounded by the states of Sinaloa to the northwest, Durango to the north, Zacatecas to the northeast and Jalisco to the south with the Pacific Ocean bordering it to the west. Also in Nayarit are the cities and towns of Tepic, and Querétaro Querétaro is a state in central México. Its capital is the city of Santiago de Querétaro, although in general parlance the name "Querétaro" is used for both the city and the state. The name is thought to come from a phrase in the Otomi language meaning "place of the ball game", or from a phrase in the P'urhépecha language in Mexico In Pre-Columbian Mesoamerica many cultures matured into advanced civilizations such as the Olmec, the Toltec, the Teotihuacan, the Zapotec, the Maya and the Aztec before the first contact with Europeans. In 1521, Spain conquered and colonized the territory, which was administered as the viceroyalty of New Spain which would eventually become Mexico (more information The ages of consent in North America for sexual activity vary by jurisdiction)
- Bolivia Coordinates: 16°42′43″S 64°39′58″W / 16.712°S 64.666°W Bolivia (pronounced /bəˈlɪviə/ ), officially known as the Plurinational State of Bolivia, (Spanish: Estado Plurinacional de Bolivia, IPA: [esˈtaðo pluɾinasjoˈnal de βoˈliβja]) is a landlocked country in central South America. It is bordered by Brazil to the North (more information The ages of consent for sexual activity vary by jurisdiction across South America. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered)
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.[1] Such provisions have been frequently adopted to help reduce the incidence of child sex tourism.
Statutory rape
Main article: Statutory rapeWhere 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 A vernacular, mother tongue or mother language, and less frequently one sense of idiom and dialect, is the native language of a population located in a country or in a region defined on some other basis, such as a locality. For example, Navajo is a local language in the southwest of the United States, and English is the state language of a number many of these terms are interchangeable and little differentiation is made.
Other concerns
Marriage
Main article: Marriageable age Marriageable age is the age at which a person is allowed to marry, either as of right or subject to parental or other forms of consent. The age and other requirements vary between countries. The marriage age should not be confused with the age of majority or the age of consent. The marriage age in a country may be below the age of majority and theThe age at which a person can be legally married can also differ from the age of consent. In jurisdictions where the marriageable age is lower than the age of consent, those laws override the age of consent laws, at least as they apply to the spouse. Further still, some jurisdictions prohibit any sex outside of marriage, which can take place at any age, as in the case of Yemen Yemen , officially the Republic of Yemen (Arabic: الجمهورية اليمنية al-Jumhuuriyya al-Yamaniyya) [[Media:Ar-al Gumhuriyah al Yamaniyyah.ogg|]] (help·info) is a country located on the Arabian Peninsula in Southwest Asia. It has an estimated population of more than 23 million people and is bordered by Saudi Arabia to the north, the.
Pornography
Main article: Child pornographyVariations 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[citation needed]) 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 childrenWhile the legality of adult prostitution varies among different parts of the world, the prostitution of minors The term minor is used to refer to a person who is under the age in which one legally assumes adulthood and is legally granted rights afforded to adults in society. Depending on the jurisdiction and application, this age may vary, but is usually marked at either 12, 16, 18, 20, or 21. Specifically, the status of minor is defined by the age of is illegal in most countries. Furthermore, some countries enforce worldwide jurisdiction over any involvement in child prostitution by their nationals.
Initiatives to change the age of consent
Main article: Age of consent reform Age of consent reform refers to efforts to change age of consent laws, whether to raise or lower or abolish the age of consent, or to change the ways in which the laws are applied. These efforts vary greatly in intensity and popularity, and have manifested in a variety of forms, such as legislation for close-in-age exemptions to age of consent| This law-related article does not cite its references or sources. You can help Wikipedia by including appropriate citations, which can be found through legal research Legal research, according to one source, is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results. |
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 exceptions.
- 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.
Sun, 29 Aug 2010 04:11:45 GMT+00:00
Kennebec Journal May I take this opportunity to nominate (without her consent ) Theodora Kalikow as our next governor? Recently, she put forth a platform in a column ...
Sun, 27 Sep 2009 17:59:01 PDT
What's your view? Michael Bolton appeared on the show to promote his new album, One World, One Love. More info about it here: www.amazon.co.uk. youtube.com.
Mike
hu, 22 Jul 2010 11:01:00 GM
I discovered this song just within the past 6 months, pretty incredible stuff. I think it's the best song Ryan Adams has ever written...and what a live performance.



