Whoever commits an act described in paragraph 3 of the previous article, in relation to the minor understood in the previous paragraph of this article and under the conditions described therein, shall be punished with imprisonment of up to one year. In 1987 the GDR supreme court ruled homosexuality was a variant of sexual behaviour just as heterosexuality. The Czechoslovak 140/1961 Sb. [128] In 1965 there was a review of previous laws governing pornography depicting children as part of the "child's rights to sexuality". Sexual abuse of a minor in the second degree. [86], In the 1990s, the Netherlands gained international attention due to its policies regarding the age of consent. After decriminalisation, the age of consent for homosexual acts was 20 and remained so until 1978. [114], The age of consent in San Marino is 14, per Article 173. This lasted until Vojvodina lost its law-making power in 1990. 218/2003 Sb. 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. Whoever subjects another person to a sexual act without such person's consent shall be punished by imprisonment of two (2) to ten (10) years". Before the year 2013, the legal age of consent in Croatia was 14. In East Germany, the criminal code was supplemented in 1957 by a provision that allowed the waiving of prosecution if no harm had been done to socialist society by the unlawful act. In Finland, meanwhile, an emergency act obligated people over the age of 70 to practise social distancing and limit contact, effectively legally requiring them to isolate. The law sets several other restrictions in regard to children under 14: 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). 143/2002. [46], Relevant offences are found in the Criminal Law (Sexual Offences) Act 2017, which amended the Criminal Law (Sexual Offences) Act 2006. As such, homosexuality was decriminalized, the text of several criminal offences was modified by making it gender-neutral, the age of consent was lifted to 15 (applicable to both girls and boys), punishments for several sexual crimes were increased, and the stipulation that a rapist could avoid punishment after rape if he married his victim was abolished. 89/2001, and Emergency Ordinance no. A new Penal Code was introduced in Spain in 1995 which specified an age of consent of 12 for all sexual acts, but this was raised to 13 in 1999 and to 16 in 2015.[121][123]. Article 173 - Sexual acts with adolescents. 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. Ireland is just one of 12 European countries with laws that define rape as sex without consent. (No specific age is recommended.) This document is intended to be used as an overview tool of the contents for assent/informed consent forms for all stakeholders (such as patients, sponsors and investigators) to support the conduct of high quality paediatric clinical trials in Europe across all paediatric age groups, from birth to less than 18 years of age. The age of consent in Poland is 15, as specified by the Polish Penal Code (Kodeks karny), Article 200, which reads: Article 200 § 1. A 16-year-old and a 15-year-old) could result in the older person being liable for prosecution for committing a sexual offence. Then in 2001, the age of consent for male homosexual acts was lowered to 18 under the Criminal Justice Act 2001. "[41][42], The age of consent was raised from 14 to 15 in 2007. a) engages in sexual activity with a child under 14 years of age, "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."[72]. The Philippines has the lowest age of consent in Asia at 12 years old, though Japanese law allows for consent at age 12, but only in metropolitan Tokyo. Pederasty or lesbianism in respect of a person who has not reached sixteen years of age effected by a person who has reached eighteen years of age - shall be punishable 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 six 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. In 1999, the code was amended to raise the age of consent to 15 years and added the condition for "a marked discrepancy between the maturity of the perpetrator and that of the victim'". The age of consent in Malta is 16. The age of consent in Finland is 16, as specified by Section 6(1) (Sexual abuse of a child), which reads: "A person who has sexual intercourse with a child younger than sixteen years of age ... shall be sentenced for sexual abuse of a child to imprisonment for at most four years. Prior to the 1922 independence of the Irish Free State, the law in Ireland was that of the United Kingdom of Great Britain and Ireland (see the UK history section). France’s government wants to set the age of sexual consent at 15 and make it easier to punish long-ago child sexual abuse, amid growing public pressure and a wave of online testimonies about rape and other sexual violence by parents and authority figures. 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. If the child is under 14 years, §299 of the same penal code, reads: "A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who: Article 134. 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. 4. Sexual intercourse committed by a person who has reached the age of eighteen years with a person who has not reached the age of sixteen years - shall be punishable by obligatory labour for a term of up to 480 hours, or by restriction of liberty for a term of up to four years, or by compulsory labour for a term of up to four 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 four 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. Article 134. The ban on sex between men, which also outlawed cohabitation[92] as well as sex with animals, was repealed in 1972[93][94] (bestiality having been recriminalized in 2008[95]). This consensual age is the lowest across the globe. [44][45] The exemption for girls under 17 was recommended by the LRC and the Director of Public Prosecutions who felt "it would be wrong to stigmatise mothers and pregnant girls of 15 or 16 years of age as if they were either the victims of violent rape or they had committed a crime". Article 216 prohibits "Extramarital community with a minor" Sexual relations between two women was never explicitly criminalized, but have been prosecuted under the general indecency law of the Civil Penal Code of 1842.[91]. Rape, Abduction, Carnal Abuse of Children, and Seduction [261 - 269]", "CHAPTER 5. [102] In 1936, a new criminal code came into force. III of ch. [98] Homosexual acts were legalised for the first time in Portugal in 1852, with an equal age of consent at that time - although homosexuality was again re-criminalised in 1886. The European Commission repeated its warning that Cyprus must follow the Court's ruling. While school quality in the USA does not always follow funding, there is some loose correlation. 1. Male homosexual acts were illegal until 1791, when the ancient sodomy laws were dropped from the Criminal Code of that year. For instance, during the 1980s, some conservative campaigners in the US claimed that children were sold into sexual slavery at "auctions" held in Amsterdam, but did not produce any evidence to support their claims.[89]. Male rape was recognised along with a complete overhaul of sexual offences legislation under the Sexual Offences (Scotland) Act 2009 (in force from 1 December 2010, except for sections 52 and 53). All jurisdictions in Europe, except Vatican City, have equal and gender-neutral age limits. If the victim is not understanding the nature and consequences of the act (due to their age being under 12 or mental abilities), it will be considered rape and charged much more severely (up to 15 years of prison, or up to 20 if the victim is under 14). 51-301). 73-FZ of 21 July 2004 amended Article 135 of the present Code. 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. The Bill was reintroduced in 2000 and, despite opposition from the House of Lords, was passed under the Parliament Act 1911 (which allows the House of Commons to overrule the House of Lords under certain circumstances). Paragraph 2 states that if the sexual act involves sexual penetration the punishment is three to ten years.[5]. 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, https://www.legal-land.ro/oficial-violul-si-actul-sexual-cu-un-minor-infractiuni-imprescriptibile/, http://legislatie.just.ro/Public/DetaliiDocument/109855, "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. "[139], Any person who engages in sexual intercourse with a person under the age 16 could be prosecuted. [67], Until 1993, male homosexual acts were prohibited under the Lithuanian Criminal Code, Article 1221, which was repealed in that year. As part of CRIN’s policy work on the minimum age of criminal responsibility (MACR), we monitor these ages around the world. 5 of 2015", "Legal guide to age thresholds for children and young people", "Sexual Offences Laws – Malaysia – Interpol", https://violenceagainstchildren.un.org/sites/violenceagainstchildren.un.org/files/documents/other_documents/sexual_offences_against_children_bill_eng.pdf, "The Revised Penal Code of the Philippines", "Republic Act No. West German lawmakers also saw the need for gender- and sexual-orientation-neutrality, and for rebalancing sexual self-determination with the protection of minors. Therefore, there was technically no age of consent for the male participant. As specified by Articles 148 and 149, it is illegal - regardless of age - for a person occupying a position of authority or superiority over a person to engage in sexual activity with them, or when it involves the abuse of trust or situation of need or dependence. [32], 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."[33]. In 2001, the law was amended to clarify the situation and confirm that the age of consent was 16 for all acts (only a person aged 18 or older can be punished for having sex with a 14–15-year-old). The age is 18 when in connection with a person who has some formal power over the young person, like a school teacher. [140] Section 47 of the Sexual Offences Act 2003 makes it an offence to pay for or promise payment for sexual services of a person under 18 where the 'client' does not reasonably believe that person is over 18, or in any event for a person under 13. 277-XVI dated 18.12.2008, in force as of 24.05.2009], [Art.174 amended by Law No. Specific Offenses - Subchapter II. [clarification needed] This became the punishment introduced in the Penal Code 1866, but now only for homosexual acts. The section mentioned above continues: "The same applies to the person who carries out an act referred to in the first paragraph to a child more than fifteen years of age but less than eighteen years of age and who is offspring to the perpetrator or in the perpetrator's care or in a similar relationship to the perpetrator, or for whose care or guardianship the perpetrator is responsible due to the decision of a government agency.". [146] It is common folklore that an amendment that would have criminalised lesbian acts was rejected by Queen Victoria because she refused to believe that some women did such things; but it is likelier that those presenting the amendment excluded it (as did the House of Lords 40 years later) on the assumption that it would give women ideas.[147]. Same-sex sexual acts were lawful in Spain from 1822 to 1954, with the exception of the offence of "unusual or outrageous indecent acts with same-sex persons" between the years 1928 and 1932. [45] This is the joint highest, with Cyprus, age of consent in the European Union. Italy does have a close-in-age rule where 13-year-olds can legally consent to partners who are less than three years older. The main sections that relate to sexual offences regarding children are sections 5-15. VIII of 11 July 2013, entitled "Supplementary Laws on Criminal Law Matters" establishes the present law for the State of Vatican City regarding criminal penalties for sexual acts with minors. … (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. The province of Vojvodina, a northern province of Serbia, had decriminalized homosexuality in 1978[citation needed], thus effectively making an equal age of consent for any sexual practice regardless of sex or gender. Article 135. 198 (Rape or carnal knowledge with violence). 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". (2) A parent, adoptive parent or a guardian who enables a minor to live in an extramarital community with another person or incites him/her into it shall be punished by a penalty referred to in Paragraph 1 of this Article.[83]. After W. T. Stead's Maiden Tribute articles, the Criminal Law Amendment Act 1885 raised the age of consent to 16. There was (and remains) an exception to this rule: §151.1(3) of the Lithuanian Criminal Code prohibits parents, guardians, or other people who are ex officio directly responsible for the upbringing and supervision of a child to have any relationships of sexual kind with the child, if he or she has not yet reached the age of 18. [127], Pornography laws were softened in the 1960s. Ct. App. : JUNE 2013 - PHILIPPINE SUPREME COURT JURISPRUDENCE - CHANROBLES VIRTUAL LAW LIBRARY", "Legislation of INTERPOL member states on sexual offences against children", Test case for Hong Kong's underage sex law after boys of 11 and 13 arrested for alleged intercourse with minor girl, https://web.archive.org/web/20061206091709/http://www.bcn.cl/publicadores/pub_leyes_mas_soli/admin/ver_archivo_codigos.php?id_codigo=4&file=1, "Criminal Law (Sexual Offences) Act 2006", "The age of consent debate: Where does Ireland stand? A person must generally reach two legal ages in order to get married: the age of consent to engage in sexual relations and the age of majority to enter into a contract. 153 & 154). According to Article 104 of the Turkish Penal Code (Türk Ceza Kanunu), sexual intercourse with minors aged 15, 16 and 17 can only be prosecuted upon a complaint. §300 and §301 of the same penal code, sets minimum penalty, of any person who engages in sexual acts with children under 14 years, to 3-year of imprisonment, and up to 21 years. 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. Rape defined", "Age of Consent in Oklahoma – Oklahoma Legal Group", "Oklahoma Statutes § 21-1112. Other countries set minimum age requirements for child labor. 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. filed Feb. 1, 2010)". 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. Not knowing that the victim is underage is not a legal defense, except when it was unavoidable ignorance. The Philippines and Angola follow closely with the age of consent in both countries being 12 years. The sale of alcohol to persons under 18 years of age is prohibited by law. 149. ‘Age of consent’ is another way of saying the legal age to have sex. However, under Paragraph 244, the age limit of restriction for homosexual acts was set at 18, besides the general limit 15 years. Additionally, the section of the Czech penal code 40/2009 Sb. The age of consent in Turkey is the age of majority (set at 18 as per Article 11 of the Turkish Civil Code). It is not legal to have sexual intercourse with related adults either, but the sentences for that (up to two years) are considerably milder than those for rape of a child (two to six years, four to ten years if aggravated). Paragraph 5 of Article 8 provides an exception to this by stating that "the offence does not exist if the sexual acts take place within a marriage. Under § 149, sexual acts with persons of the opposite sex between the ages of 14 and 16 were punishable if the victim's "moral immaturity" was exploited by using "gifts, the promise of benefits or similar" methods of persuasion "to initiate intercourse or actions similar to intercourse". 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. "Ley N° 2033: Ley de Protección a las Víctimas de Delitos Contra la Libertad Sexual (Artículos 308º Bis, 309º, 318º)", "Bolivia. adopted by the Czech Republic as § 217a by the amendment Czech act No. "[166], Guernsey (including Alderney, Herm and Sark), 117/1852 Ř.z., Zákon trestní o zločinech, přečinech a přestupcích: § 128 Zprznění. 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. The age of consent in Norway is 16, as specified by the 2005 Penal Code[90] §304: which reads: "Any person who performs a sexual act with a child under 16 years of age shall be subject to imprisonment for a term not exceeding three years, unless the conduct falls within the scope of section 299." The child's father was sentenced conditionally for child abuse but was not jailed because he was willing to support Valentina and their daughter. [6], The age of consent for all sexual conduct in Croatia under the new Criminal Code in force since 1 January 2013 is 15, regardless of sexual orientation or gender, and is regulated by Article 158.[13]. Whoever commits the acts described in the preceding paragraph for profit is punished with imprisonment for up to 5 years. 14-FZ of 29 February 2012 supplemented Article 135 of this Code with part 5: 5. ", "§ 176 StGB Sexueller Mißbrauch von Kindern - dejure.org", Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, "Govt relents, keeps age of consent for sex at 18", Brazilian justice system frees man, 18, arrested for publicly kissing young teenager, 13 — 'Últimas Notícias' (Last News) - MSN Estadão, "Canada's age of consent raised by 2 years", "Sexual Assault Care Centre: Since You Asked: The Law - SACC provides emergency nurse, medical care, information thoughts feelings collect physical evidence help legal", "ПРЕСТУПЛЕНИЯ ПРОТИВ ПОЛОВОЙ НЕПРИКОСНОВЕННОСТИ И ПОЛОВОЙ СВОБОДЫ ЛИЧНОСТИ - Уголовный кодекс РФ (УК РФ) от 13.06.1996 N 63-ФЗ \ Консультант Плюс", "wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854", "RS 311.0 Code pénal suisse du 21 décembre 1937", "SR 311.0 Schweizerisches Strafgesetzbuch vom 21. The same deed committed in respect of the person who has reached twelve years of age but has not reached fourteen years of age - A majority of the surveyed countries allow abortion upon the woman’s request in the early weeks of pregnancy, and allow abortion under specified circumstances in later periods. Then in 1994, the age of consent was 18 just for anal sex between males; any male performing anal sexual conduct with another male, is punishable by up to 1 year in prison, 16 for all other sexual conduct. 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]. Baptisms 1. ), 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, "Consent for sexual activity with an adult", "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? This report summarizing laws on abortion in selected European countries shows diverse approaches to the regulation of abortion in Europe. ", "Sexual act with child under 17 years of age", "Ja'fari law takes the Iraqi government's violation of women's rights to a new level | Haifa Zangana", "Cohabitation laws in Qatar cause confusion for hotel guests", "Pleno Reconsidero Exoneracion de Sedunda Votacion a Proyecto Sobre Libertad Sexual", "Demanda de inconstitucionalidad interpuesta por diez mil seiscientos nueve ciudadanos contra el artículo 1° de la Ley N° 28704 que modifica el artículo 173°, inciso 3° del Código Penal, sobre delito de violación sexual contra víctima entre 14 y 18 años de edad", http://www2.congreso.gob.pe/sicr/cendocbib/con5_uibd.nsf/001CD7E618605745052583280052F800/$FILE/COD-PENAL_actualizado_16-09-2018.pdf, "Crimes Act 1961 No 43 (as at 01 July 2019), Public Act 134 Sexual conduct with young person under 16", Parliamentary Counsel Office (New Zealand), "United Nations Human Rights Website – Treaty Bodies Database – Document – Summary Record – Kuwait", "Summary record of the 488th meeting : Kuwait", "2012. évi C. törvény - a Büntető Törvénykönyvről", "LEGAL NEWS IN UKRAINE: AMENDMENTS TO THE CRIMINAL CODE, JUDGES' QUALIFICATION ASSESSMENT, MODEL DECISION OF THE SUPREME COURT, NEW PROCEDURE OF THE LAWYER'S EXAMINATION, RECALCULATION OF PENSIONS FOR STATE EMPLOYEES", "Poroshenko Signs Law Defining Defines 16 Years As Legal Age Of Consent", "Legal news in Ukraine: amendments to the Criminal Code, judges' qualification assessment, model decision of the Supreme Court, new procedure of the lawyer's examination, recalculation of pensions for state employees", "Penalties relating to sex offences and crime against children in the country", http://www.asambleanacional.gob.ec/system/files/document.pdf, "Official Gazette of the Republic of Cuba", "Sudan Age of Consent & Statutory Rape Laws", "Proposed amendments raise statutory rape age to 15", "2009 Human Rights Report: Dominican Republic", "Uzbekistan Age of Consent & Statutory Rape Laws", "State-sponsored Homophobia: A world survey of laws criminalising same-sex sexual acts between consenting adults", "Law of the Republic of Uzbekistan On Enactment of the Criminal Code of the Republic of Uzbekistan", "LEGAL TREATMENT OF CONSENT IN SEXUAL OFFENCES IN KENYA", https://www.wipo.int/edocs/lexdocs/laws/en/et/et011en.pdf, "Costa Rica fortalece medidas para proteger a las personas menores de edad mediante la Ley de Relaciones Impropias", "Texto Único del Código Penal de la República de Panamá", "Lietuvos Respublikos Seimas - Dokumento tekstas", https://www.icmec.org/wp-content/uploads/2018/10/ICMEC-Tanzania-National-Legislation.pdf, "Tunisia's New Protections for Women: A Legislative Revolution and Missed Opportunity", "مشروع قانون أساسي عدد 2016/60 يتعلق بالقضاء على العنف ضد المرأة | مرصد مجلس", "Serbian Criminal Code in English (translated by the OSCE mission to Serbia in February 2006)", https://www.wipo.int/edocs/lexdocs/laws/en/gh/gh010en.pdf, "Relative breakthrough in Yemen's early marriage dilemma", "Girl, 8, dies from internal injuries after wedding night in Yemen", "Child bride in Yemen dies of internal bleeding on wedding night: activist".