140, and Art. 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. "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]. In 1982, it was lowered to 15, in line with that for heterosexual acts. The age of consent is 14 in Italy with a close in age exemption for 13yo to engage in legal sex with someone no more than 3 years older. Across the nation, however the age of consent was raised slowly, unevenly, and with great reluctance.” [11] 12. After decriminalisation, the age of consent for homosexual acts was 20 and remained so until 1978. West German lawmakers also saw the need for gender- and sexual-orientation-neutrality, and for rebalancing sexual self-determination with the protection of minors. Article 135. In April 1998, the Council of Europe set a deadline for compliance of 29 May 1998 and on 21 May 1998, the House of Representatives voted 36 to 8 in favour legalising homosexual acts. 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). The new Romanian Criminal Code,[98] which came into force on 1 February 2014, sets a general age of consent of 15. 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]. Consequently, the legal age of consent (15) equaled the limit for pornography produced within the country, but material produced in other countries (where the Danish consent law does not apply) was not covered and therefore legal. El que, interviniendo engaño o abusando de una posición reconocida de confianza, autoridad o influencia sobre la víctima, realice actos de carácter sexual con persona mayor de dieciséis años y menor de dieciocho, será castigado con la pena de prisión de uno a tres años. 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. The age of consent was 12 for a girl, 14 for a boy, but for most children puberty came two or three years later than it does today. 3. After W. T. Stead's Maiden Tribute articles, the Criminal Law Amendment Act 1885 raised the age of consent to 16. AgeOfConsent.net is a free public resource site, and cannot offer legal advice. In 1989 § 151 was repealed and § 149 amended to include any sexual orientation. [52] In 2006, the 1935 law was struck out when the Supreme Court found that its prohibition of the mistake defence violated a defendant's Constitutional rights. The main 3 sections that relate to sexual activity with persons under 16 or under 13 are. [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. It advised that close-in-age cases should remain criminalised, but with more lenient guidelines for sentencing. All rights reserved. The age of consent in Hungary is 14. The age of consent in Georgia is 16 as per Georgian Penal Code Art. The Ottoman Empire, a predecessor state to the Republic of Turkey, decriminalized homosexuality in 1858. By contrast, the age of consent is much higher in Turkey, at 18. History, Prior to 2014, sodomy was illegal, the age of consent only applied to females and sexual contact with a female between the ages of 13 and 16 was a misdemeanor. However, if the offender is a person who is forbidden to marry the child by law or is a person who is obliged to take care of the child due to adoption or foster care, then the prosecution doesn't require a complaint and the punishment is aggravated. As of December 2019, the convention has been ratified by all states of the Council of Europe, except Armenia and Ireland, which have signed but not yet ratified the convention. [95], Poland never imposed laws against homosexuality. Click any country for details, or view countries with the highest & lowest ages of consent. Foreigners have to leave Italy at finishing their Italy visa. SA has legislation specific to informed consent, which provides for medical powers of attorney: Consent to Medical Treatment and Palliative Care Act 1995 (SA). The Age of Consent ranges from as low as 11 to as high as 20 years old across the world. Illicit sexual relations, pederasty, or lesbianism, committed by a person who has reached 18 years of age with a person who obviously has not reached 16 years of age, shall be punishable by restraint of liberty for a term of up to three years or by deprivation of liberty for a term of up to four years. Whoever commits the acts described in the preceding paragraph for profit is punished with imprisonment for up to 5 years. Article 264 defined "assault against decency with violence", the equivalent of the modern-day crime of rape (although the term "rape" was not used in that code), and stipulated that the maximum penalty should be given if the victim was under 15 years of age. shall be punishable by restraint of liberty for a term of up to three years or by deprivation of liberty for a term of up to four years. Article 190 furthermore forbids cohabitation with a minor (person under 18) unless a marriage is conducted.[114]. 211-XV dated 29.05.03, in force as of 12.06.03]. shall be punishable by obligatory labour for a term of up to 440 hours, or by restriction of liberty for a term of up to three years, or by compulsory labour for a term of up to five 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 three years, or by deprivation of liberty for a term of up to three 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 ten years. The European Commission repeated its warning that Cyprus must follow the Court's ruling. The age of consent in Russia is 16. "[29], Article 227-22 prohibits the "organisation by an adult of meetings involving indecent exposure or sexual relations knowing that minors are present or participating". Because of this, when the Sexual Offences Act 2003 was created, separate sections of the act were put in place to be used on how to appropriately prosecute a person who had sexual intercourse with a person under the age of 16, depending on exactly how young a person under the age of 16 was at time the sexual intercourse took place. The age of consent in the prefectures ranges from 16 to 18 years, and it is illegal to engage in sexual activities with partners who are below this age unless a parent approves of the romantic relationship. § 201 Sexual abuse [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. (1) A person who performs an act for the purpose of arousing or satisfying sexual desire, without copulation, with a person under 17 years of age, shall be punished for lewdness by deprivation of liberty for one to six years.Art. Nevertheless, the age of consent of 14 was maintained. However, there exists a close-in-age exception if the difference between the ages of the participants is three years or less (Article 187(2)). 1. It is also illegal to perform sexual acts in the presence of a minor aged less than 14 with the intent of allowing the minor to witness the acts, even if they do not take an active part. 198 (Rape or carnal knowledge with violence). 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. However, there is a close-in-age exemption of three years. The vast majority of law relating to sexual offences in England and Wales is laid out in legislation under the Sexual Offences Act 2003, which contains upwards of 140 sections, of which around 70 relate directly to sexual offences. 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). But even those above the age of 14 have to give their consent to sex or it is rape under Italian law. By the late 1800s, the average age of consent in the United States was 14. 221 and Art. From 1977 to 1994, sexual acts between men of any age was a criminal offence in Serbia, although the law has never been applied. 153 & 154). The age of consent was set to 21 years and reduced to 18 years in 1975. The age of consent in Spain is 16, under a new law which came into effect on 1 July 2015.[117][118]. "This may therefore lead to a higher incidence of cases in which the minor and the perpetrator are of the same sex, given that there may be parents who would not resort to legal proceedings should their 17-year-old child have sexual relations with another person of the opposite sex but would do so if the person is of the same sex."[71]. [2], In the European Union (EU 28), there is a directive regarding the sexual abuse of children under 18, known as "Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography".[3]. Therefore, there was technically no age of consent for the male participant. Depending on the situation, the Italy close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution. Часть 2 // KP.RU", "unhchr.ch - unhchr Resources and Information", "Serbian Criminal Code in English (translated by the OSCE mission to Serbia in February 2006)", "Swedish national library in child porn scandal", "RS 311.0 Code pénal suisse du 21 décembre 1937", "SR 311.0 Schweizerisches Strafgesetzbuch vom 21. [160], Vatican City requires its laws to operate in accordance with Catholic canon law. In 1932 the new Polish Penal Code after regaining independence was introduced, making the age of consent of 15 for sexual acts, regardless of the sex of the participants. a teacher), where the age of consent was raised to 18. On 9 January 2003, the European Court of Human Rights held, in L & V v Austria, that Section 209 violated Articles 8 and 14 of the European Convention on Human Rights. 1. The age of consent in Liechtenstein is 14. Then in 2001, the age of consent for male homosexual acts was lowered to 18 under the Criminal Justice Act 2001. Currently this depends on whether a younger person was Under 16 or Under 13 at the time of the sexual intercourse taking place, with the latter being automatically overall illegal, and the former still being illegal, but with defences due to the younger person's older age, more flexibility in sentencing and flexibility overall whether to prosecute or not based on individual case. Around 2008 and 2009, the lowering of the limits of criminal responsibility as well as sex acts ageilimits ?) 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]. The age of consent in Ukraine is 16 since 2018. Article 181 prohibits sexual intercourse with a juvenile (defined in Article 112 as a person under 18) if the juvenile is entrusted for learning, tutoring, guardianship or care. 140/1996, Law No. 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). If the child is between 14 and 16 years, § 302, reads: Since 2011, the age of consent is equal and gender-neutral at 16 in Gibraltar (a British overseas territory). Article 8, paragraphs 1 through 4, establish criminal penalties for anyone who engages in sexual acts with a person below the age of 18. Article 209, Satisfying Lust in the Presence of a Child or Juvenile: Whoever, in the presence of a child or juvenile, performs acts aimed at satisfying his own lust or the lust of a third person, or whoever induces a child to submit to such acts in his presence or in the presence of a third person, shall be punished by imprisonment for a term between three months and three years. the age of consent was set to 14 according to the Lithuanian Criminal Code §153 prohibiting any sexual molestation or sexual relationships with a minor under 14 years[citation needed]. Otherwise the age of consent is 16, although provisions protecting minors against abuse apply until the age of 18 (under Section 182(1): it is illegal to engage in sexual activity with a person under 18 "by taking advantage of an exploitative situation"[34]). [130] The new penal code of 2004 sets the age of consent for both heterosexual and homosexual sex at 18, and non-penetrative sexual contact at 15, with some differences, such as the act of having sexual intercourse with a minor over 15 being punishable upon a complaint. © 2020 AgeOfConsent.net. 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". Anal sex was illegal for heterosexuals regardless. Then in 2012, the age of consent for male homosexual acts was equalised at 16, regardless of gender and/or sexual orientation. shall be punishable by deprivation of liberty for a term of ten to fifteen years with deprivation of the right to hold definite offices or to engage in definite activities for a term of up to twenty years. The laws in the Faroe Islands and Greenland are equivalent although regulated in separate penal codes for these autonomous countries. Within Vatican City and the Catholic faith, all sex outside of the sacrament of marriage is illicit regardless of the age or willingness of those who engage in it. 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. Any person, who has sexual intercourse with a person less than fifteen years of age or who subjects such person to other sexual abuse, shall be liable to a term of imprisonment of three to ten years.[115]. Article 134. 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. The Criminal Law (Sexual Offences) Act 1993 decriminalised male homosexual acts and created offences of "Buggery of persons under 17 years of age" and "Gross indecency with males under 17 years of age". Additionally, according to Article 152 (since January 2019) sexual intercourse with a person under the age of 14 (regardless of his/her voluntary consent) is a rape. The ages of 14 and 16 had been relevant since the Criminal Code for the German Empire came into force in 1872: Under § 176, sexual acts with children under 14 were illegal and have been always since. Additionally, the section of the Czech penal code 40/2009 Sb. Since 2001, the age of consent in Albania is 14, regardless of gender and sexual orientation. The Belgian Criminal Code previously specified an age of consent of 18 for homosexual sex. [65], Previously[when?] In 1997, the European Court of Human Rights case of Sutherland v United Kingdom held that a higher age of consent for homosexuals than for heterosexuals was a breach of Article 14 in conjunction with Article 8 of the Convention. Italy statutory rape law is violated when an individual has consensual sexual contact with a person under age 14, or knowingly perform sexual acts in the presence of such a minor. Article 122. If the minor involved is under the age of 11, the cri… (4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life."[136]. Article 205: (2) prohibits sexual intercourse with a juvenile (defined as a person under 18) by "abuse of position". Sexual Intercourse with a Person under the Age of 16. (3)Sections 75 and 76 apply to an offence under this section. Male homosexual acts were legalised in Denmark (lesbianism was never illegal) with an age of consent set at 18, after a major reform of the Penal Code in 1930; At the same time, the age of consent for heterosexual acts was raised from 12 to 15. ), Learn how and when to remove this template message, List of sovereign states and dependent territories in Europe, French petition against age of consent laws, United Kingdom of Great Britain and Ireland, Criminal Code of North Macedonia, Art 188, Criminal Code of North Macedonia, Art 197, Criminal Code of North Macedonia, Art 189, union of the Principalities of Moldavia and Wallachia, Age of consent reform in the United Kingdom, Criminal Justice and Public Order Act 1994, Criminal Law (Consolidation) (Scotland) Act 1995, Sexual Offences (Northern Ireland) Order 2008, Homosexual Offences (Northern Ireland) Order 1982, "Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, "CRIMINAL CODE OF THE REPUBLIC OF ALBANIA", https://sherloc.unodc.org/res/cld/document/codi_penal_andorra_as_of_2014_html/Andorra_codi_penal_as_of_2014.pdf, "BBC News - Northern Cyprus lifts ban on gay sex", Kapitel 23: Straffelovens § 235 – børnepornografi, "§ 176 StGB Sexueller Mißbrauch von Kindern - dejure.org", current and all older versions and changes of § 176, current and all older versions and changes of § 182, Recht, was ist erlaubt? 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