Illicit Sexual Relations or Other Sexual Actions with a Person Who Has Not Attained 14 Years of Age Male homosexual acts were illegal in Scotland until 1980 when they were decriminalised by the Criminal Justice (Scotland) Act 1980, Section 80, which specified an age of consent of 21. In the case of a girl, however, sex is illegal if she is over 14 but has not reached "sexual maturity", as provided by article 100 of the criminal code. Male homosexual acts were decriminalised under the Sexual Offences Act 1967, Section 1, although the age of consent for such acts was set at 21, whereas the age of consent for heterosexual acts was 16. Whoever commits the acts described in the preceding paragraph for profit is punished with imprisonment from six months to five years. After German reunification, according to the Unification Treaty of 1990, the § 149 code section stayed in force for the territory of the former GDR, and in West Germany, § 175 and § 182 were no longer enacted. [31], Article 227-27 prohibits sexual relations with minors over age 15 (aged 15, 16 or 17) "1° where they are committed by an ascendant or by any other person having a legal or factual authority over the victim; 2° where they are committed by a person abusing the authority conferred by his functions."[32]. I did a quick google search and it says that age of consent in Italy is 14 years old. This is specified by Sections 176 (Sexual abuse of children) and 182 (Sexual abuse of youths) of the Penal Code, which read: § 176: "(1) Whoever commits sexual acts on a person under fourteen (14) years of age (a child) or allows them to be committed on themself by the child, shall be punished by imprisonment from six months to ten years [...]". The Czechoslovak Penal Code 86/1950 Sb. In 2002, the Hungarian Constitutional Court repealed Section 199, and the age of consent for homosexual acts was lowered to 14 in line with heterosexual acts. Sexual Intercourse and Other Actions of Sexual Character with a Person Who Has Not Reached the Age of Sixteen Years, Federal Law No. 170/2007, 2007-06-11", "wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854", "Jurisprudentie ontucht - leeftijdsverschil - Juridisch kennisportaal", "IPT Journal - "Mass Hysteria in Oude Pekela, "Homoseksualitet mellom fortielse og straff", "Quotations taken from the Ministry of Justice's (unofficial translation), though updated with current (September 2012) changes in the code", http://prawo.sejm.gov.pl/isap.nsf/download.xsp/WDU19970880553/U/D19970553Lj.pdf, "Soviet Medicine: Culture, Practice, and Science | Reviews in History", "Criminal Code of the RSFSR (1934), Articles 136-161", "Федеральный закон от 25.06.1998 N 92-ФЗ (ред. UK national age of consent legislation does not apply to its dependencies, but they all have it set as 16. 5. However, Article 209 mentions a "juvenile" who is defined in Article 2(9) as a person under 18, although it is not clear if this article refers only to sexual acts performed in view of a minor under 18 or if it can be used also to punish sexual acts performed with the minor:[12], The age of consent in Bulgaria is 14, as specified by Articles 149 and 151 (1). The punishment can be increased in certain cases described in Art. As already provided by the current regime, any type of processing of personal data needs to have a legal basis justifying it. Seems super low. In 2004, the law was amended to equalise the age of consent at 14 for all sexual acts; the age of consent was raised to 16 in 2010, regardless of gender and sexual orientation.[67]. If that’s the case, is it like that 14 year olds can have sex with other 14-18 year olds, or that 14 year olds can have sex with 50 year olds. The deeds stipulated by Parts One, Two or Three of this Article committed in respect of two or more persons - shall be punishable by deprivation of freedom for a term of eight to fifteen years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to twenty years. SA has legislation specific to informed consent, which provides for medical powers of attorney: Consent to Medical Treatment and Palliative Care Act 1995 (SA). Article 4 of Law No. [56][57] Most of the changes were implemented in 2017, although the age of consent remained 17. However, there is a close-in-age exemption of three years. "[18] The new Czech Penal Code (40/2009 Sb., effective from 2010 January 1) contains a similar regulaton: § 187. (1). In 1951 a Norwegian ministry of justice white paper recommended de-criminalization of homosexual acts in the 1903 Civil Penal Code §213, but this was rejected by the Norwegian Parliament (Stortinget). However, only a person over 18 can be charged. The age of consent in Italy is 14 years, with a close-in-age exception that allows … 41 The age of consent in Italy is 13 if the partner is not more than three years older. effective from 2004 January 1. the perpetrator[clarification needed] (17) wasn't in love while the victim[clarification needed] (15) was, can also be considered outside "social-ethical norms". Having sex with a child under 17 is a crime unless it falls under the close-in-age exception known as Colorado’s Romeo and Juliet law. "(1)A person aged 18 or over (A) commits an offence if— (a)he intentionally touches another person (B), (b)the touching is sexual, and (c)either— (i)B is under 16 and A does not reasonably believe that B is 16 or over, or (ii)B is under 13. [87] Although the age of consent was often reported internationally to be 12, this was partly misleading, because sexual acts up to 16 remained open to prosecution. However, Section 207b[9] of the penal code contains an exception to the general age of consent: if one of the partners is younger than 16 years of age and "not sufficiently mature to understand the significance of the act", then the act is punishable. The age of consent in Slovenia is 15, as specified by the Slovenian Penal Code, Article 173, Section 1, which reads: "(1) Whoever has sexual intercourse or performs any lewd act with a person of the same or opposite sex under the age of fifteen (15) years where there is a marked discrepancy between the maturity of the perpetrator and that of the victim shall be sentenced to imprisonment for not less than six (6) months and not more than five (5) years."[116]. 3. [48] The Criminal Law Amendment Act 1935 raised the age to 17, with more severe penalties under age 15, and disallowed a defence of mistake. (2) The person who committed the act set forth in par. c) performs an aggravated sexual act with a child under 14 years of age." A close in age exemptions, commonly known as "Romeo and Juliet law" in the United States, is a law designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent. This also covers cases when there is any kind of trust or dependence, for example, teacher-student, employer-employee. It is subject to the same additional conditions of article 206 (for example, that the act does not cause serious bodily harm). 2. The gender-neutral Crimes Bill 2011 passed the Gibraltar Parliament and got assented - implementing the 2011 Supreme Court of Gibraltar decision and by repealing and updating 140-year-old criminal laws of Gibraltar. In the ensuing 1994 reform, the minimum age of 14 for all of Germany was kept, and in building on legal traditions of both states, sexual acts committed by a person above 21 with a minor under 16 involving exploitation of the minor's individual lack of capacity for sexual self-determination were made punishable in new § 182. Sexual activity with children younger than 14 is illegal under Article 207, which prohibits sexual acts with a "child", and a "child" is defined in Article 2(8) as a person under 14. 153 & 154). A new Penal Code was introduced in 1977, which decriminalised homosexual acts and all discriminatory provisions were removed. Paragraph 4 of Section 206 defines a close-in-age exception, lowering the age of consent to 13 if the other party is not older than 16 and some additional conditions are met. No state has an age of consent lower than 16. Northern Cyprus (Areas of the Republic of Cyprus that are currently occupied by Turkey - see the Turkish_invasion_of_Cyprus) has an age of consent of 16 as designated in the Penal Code (Ceza Yasası, Art. Even though one may be found guilty of violating the age of consent code, if those involved are "about equal as regards age and development", the court can exercise its own discretion to suspend passing a sentence. [77] There are also other cases, where offenders have been found guilty even though the circumstances were not clear, such as the case of a hotel manager aged 35 with a 14-year-old girl on holiday,[78] three men aged 18, 19 and 20 with three 14-year-old girls[79] or another hotel manager of 46 and a boy of 14, who had encounters over a longer time. Penal Code, introduced in that year, still contained as a crime "Sexual intercourse with a person of the same sex" (§ 244) but covered only persons older than 18 years of age who had intercourse with a person younger than 18. Section 223, part 1, reads: "Any person who has sexual intercourse with any child under 18, who is said person's adopted child, stepchild or foster child, or who is entrusted to said person for education or upbringing, will be liable to imprisonment for any term not exceeding four years", this includes teachers. An equal age of consent set at 16 and legalising heterosexual anal sex happened because of a Supreme Court decision in 2011. Changes were made through Law no. [138], The age of consent for heterosexual acts in England was set at 12 in 1275 during the reign of Edward I. The age of consent in Italy is 14 years, with a close-in-age exception that allows those aged 13 to engage in sexual activity with partners who are under the age of 18, provided that the age gap between them is less than 3 years. 73-FZ of 21 July 2004 amended Article 135 of the present Code. "[40][41], The age of consent was raised from 14 to 15 in 2007. Updated September 21, 2020. Article 209 (2) makes it illegal for a person to "provide for performing debauchery, an act equal to it or some other sexual act to a minor". 2. The age of consent changed several times in Russian history: the Criminal Code of RSFSR (Russian Soviet Federal Socialist Republic) stated "sexual maturity" as the age of consent;[102][103][104] when the Criminal Code of Russia was adopted in 1996, the age of consent was proclaimed to be the same regardless of sexual orientation and was set to 16 years old;[105] in 1998 it was lowered to 14 years;[106] and in 2003 it was returned again to 16 years[107] (which is the current age of consent in Russia). But to confuse matters a little, when it comes to commercial sex, that is prostitution, the age of consent is not 15, but 18. Sexual intercourse or other sexual acts with a person obviously under 16, by a person who reached 18 years of age, in the absence of elements of crime envisaged in Articles 138, 139 or 140 of this Code, is punished with correctional labor for the term of up to 2 years, or with imprisonment for the term of up to 2 years.[6]. Before coming into effect, the amendment act 306/2009 Sb. [21] In the period between the legalisation of pornography and the 1980 amendment to the Danish Penal Code, some companies (infamously Color Climax) exploited the lack of age restrictions on material produced in other countries. For example, in 2005, Valentina Isaeva gave birth to a girl in Moscow, Russia at the age of 11 years, 10 months. Article 8, paragraphs 1 through 4, establish criminal penalties for anyone who engages in sexual acts with a person below the age of 18. The main sections that relate to sexual offences regarding children are sections 5-15. Article 134. In the case of offenses with children aged 15 and 16, the relevant statute, Sexual act with child under 17 years of age, provides that "8) Where, in proceedings for an offence under this section against a child who at the time of the alleged commission of the offence had attained the age of 15 years but was under the age of 17 years, it shall be a defence that the child consented to the sexual act of which the offence consisted where the defendant—(a) is younger or less than 2 years older than the child,(b) was not, at the time of the alleged commission of the offence, a person in authority in respect of the child, and (c) was not, at the time of the alleged commission of the offence, in a relationship with the child that was intimidatory or exploitative of the child."[47]. However, this particular legislation applied only in England and Wales. ", The sexual act may not be punishable if "there is no great difference in the ages or the mental and physical maturity of the persons involved".[26]. So what is the age of consent in Thailand? Not knowing that the victim is underage is not a legal defense, except when it was unavoidable ignorance. A compromise amendment that lowered the age of consent to 18 was accepted by 427 votes to 162. Below is a discussion of the various laws dealing with this subject. (In 1619, it was about 23 for women, 26 for men.) The Age of Consent in Italy is 14 years old. "The person who has sexual intercourse with a person who has not yet completed their twelfth year, commits a felony and shall be punishable with imprisonment from five years to ten years".[39]. The Ottoman Empire, a predecessor state to the Republic of Turkey, decriminalized homosexuality in 1858. teacher, tutor, adoptive parent, etc.). This meant that both heterosexual and homosexual acts were allowed once a child had reached the age of 14[citation needed]. The penalty for having sex with a minor is not always applied. The law sets several other restrictions in regard to children under 13: it is illegal for an adult to perform sexual acts in view of such a child; to show pornographic materials to such a child or to induce the child to view sex shows; or to solicit such a child to meet for sexual acts (such as on-line solicitation). 218/2003 Sb. With regard to rape (article 419) the victim being under 14 constituted an aggravating factor. However, sexual acts that do not include penetration may be performed from age 13. The elder person doesn't have to be a Swedish citizen or resident, but could be a tourist on a temporary visit. In January 1995, the Cypriot Government introduced a Bill in the Cypriot Parliament that would have abolished the ban. However, Article 151 (2) has a provision for those who are over 14 and do "not understand the characteristics or the importance of the act": .mw-parser-output .templatequote{overflow:hidden;margin:1em 0;padding:0 40px}.mw-parser-output .templatequote .templatequotecite{line-height:1.5em;text-align:left;padding-left:1.6em;margin-top:0}, Art. In Austria, Italy and Germany the age of consent is 14; in Sweden, France and Denmark it is 15 – and Spain recently raised its age of consent from 13 to 16. Art 171 of the Portuguese Penal Code establishes the age of consent as 14, regardless of gender or sexual orientation, but Art 173 forbids sexual relations between adults and adolescents aged 14 to 16 if it can be said the adult took advantage of the adolescent's inexperience, and Art 172 limits it further, forbidding sexual relations with youth aged 16 to 18 by adults entrusted with their education or assistance. The laws can also stipulate which specific activities are permitted or specify the age at which one or other sex can legally participate. In West Germany the latter rule was kept, with minor changes in 1973: Unblemishedness was no longer required, and the court could refrain from punishment if the offender was under 21 years of age. The age of consent in Germany is 14, as long as a person over the age of 21 does not exploit a 14- to 15-year-old person's lack of capacity for sexual self-determination, in which case a conviction of an individual over the age of 21 requires a complaint from the younger individual; being over 21 and engaging in sexual relations with a minor of that age does not constitute an offense by itself. The wording was along the lines of[vague] "It shall be deemed illegal to ravage a maiden who is not of age" — at the time "of age" being 12. The deeds stipulated by Parts One and Two of this Article committed to a person who has reached twelve years of age but has not reached fourteen years of age - shall be punishable with deprivation of freedom for a term of three to ten years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to fifteen years and with restriction of liberty for a term of up to two years or without such. The age of fifteen is referred to several times, for example in Section 4, which reads: "A person who has sexual intercourse with a child under fifteen years of age or who with such a child carries out another sexual act that, having regard to the nature of the violation and the circumstances in general, is comparable to sexual intercourse, shall be sentenced for rape of a child to imprisonment for at least two and at most six years. 203, there are requirements: The interpretation of the law is situational and at the discretion of the prosecution and the courts, based on relevant factors that may be taken into account to decide whether the minor was actually "defiled". [22], The age of consent in Estonia is 14, as specified by Section 145 of the Criminal Code of Republic of Estonia (sexual intercourse or other act of sexual nature with a child), which reads: "An adult person who engages in sexual intercourse with a person of less than 14 years of age shall be punished by up to 5 years' imprisonment."[23]. Article 173 - Sexual acts with adolescents. Greece, Poland and Sweden share the consent age of 15. All information provided AS-IS with no warranty of accuracy. The concept of age-banding employed in for example Canada is not present in the Maltese legal system and sexual activity between one partner who is 15 years old and another who is 16 years old can constitute defilement of minors, depending on the circumstances, with no exception being allowed purely on the basis of the proximity of their ages. Depraved Actions Commission of depraved actions without the use of violence, in relations to a person who obviously has not attained 14 years of age, There is no specific reference to "lewd acts" between two females of the same offence. The age of consent in Italy is 14 and the girls involved are believed to be 15. Female homosexuality was not prosecuted. © 2020 AgeOfConsent.net. [6], Article 174. The ages of consent are currently set between 14 and 18. The relevant articles of the Criminal Code are Art. Before the year 2013, the legal age of consent in Croatia was 14. Article 205: (2) prohibits sexual intercourse with a juvenile (defined as a person under 18) by "abuse of position". The general age of consent in Austria is 14, as specified by Section 206[7] of the penal code. [17] Homosexual sexual intercourse and sexual intercourse with animals were generally grouped in as "crime against nature" by § 131.historic The Austrian Penal Code was replaced in Czechoslovakia in 1950. However, some homosexuals were arrested in the days of the Second Spanish Republic under the "Ley de Vagos y Maleantes" (Vagrants and Common Delinquents Law). In a verdict of 30 March 2007, the Supreme Court found that a 17-year-old boy had not committed a criminal act by having sexual intercourse with a girl 14 years and 7 months old. Sexual intercourse with the person below the age of 16 years, as well as the same offences linked with satisfaction of sexual passion in perverted forms shall be Age of Consent: Italians will point out that the legal age of sexual consent in Italy is 15 if a minor has sexual relations with a near-contemporary under the age of 21, or 16 if the other party is over 21. But even those above the age of 14 have to give their consent to sex or it is rape under Italian law. … (4) If the crime referred to in paragraphs (1) and (2) is committed with a minor who has reached the age of 16, but not the age of 18, the prosecution shall be initiated upon a proposal. Until 1961, homosexual acts were illegal. Neither the European Union nor the Council of Europe have suggested any specific age of consent, and there has not been any effort so far to standardize the age across member states. (1) A person who has sexual intercourse with a person who has not completed the age of 14 years, insofar as the act does not constitute a crime under Article 152, shall be punished by imprisonment for two to six years. The age of consent in Malta is 16. Acts such as a ménage-a-trois, or an unequal relationship, e.g. Votes to 162 the Swiss Federal Criminal Code of 2005, replaced the 1902 general Civil Penal of..., Parliament passed the Offences against the person who has some formal power over the person... Usually twelve in the sexual abuse of children under 18, both male-male and male-female, had been illegal Section. By contrast, the Section was later repealed on 14 August 2002 United consists! 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