Whoever subjects a minor under 15 years of age to sexual intercourse or makes him/her submit to another sexual act or to perform such an act shall be subject to the penalty of the deprivation of liberty for a term of between 2 and 12 years. 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. 1. Article 208, Meaning of Terms as Used in This Code: (8) A child, as referred to in this Code, is a person who has not reached fourteen years of age. 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. Article 207 makes it illegal for a teacher, instructor, guardian, adoptive parent, stepfather, stepmother or other person with a similar position to abuse one's position or authority in order to perform sexual intercourse or an equal act with a minor (under 18) entrusted for teaching, education, custody and care. After decriminalisation, the age of consent was set to 18 for homosexual acts and 16 for heterosexual acts. The Criminal Law (Consolidation) (Scotland) Act 1995 lowered the age of consent to 18 and this was further lowered to 16 by the Sexual Offences (Amendment) Act 2000 described above. [149] The reason the age of consent was lowered from 17 to 16 in 2008 with the Order was to bring it in line with the rest of the UK; Criminal Justice Minister Paul Goggins said there was no compelling reason for the age to be different in Northern Ireland than elsewhere.[150]. Inability of person of less than 10 years to comprehend. It has been established by the Lithuanian case law. All jurisdictions in Europe, except Vatican City, have equal and gender-neutral age limits. Paragraph 2 states that if the sexual act involves sexual penetration the punishment is three to ten years.[5]. Northern Cyprus has an age of consent of 16 as designated in the Penal Code (Ceza Yasası, Art. (1) Whoever performs sexual intercourse with a child under fifteen years of age or induces a child to commit sexual intercourse with a third person, shall be liable to a term of imprisonment of one to ten years. The age of consent was equalised in 1998. [61], The main legislation is specified by the Latvian Criminal Law, Section 161 (Acts of a sexual nature with a Person who has not Attained the Age of Sixteen Years), which translated reads: "Committing a sexual, anal or oral act or another unnatural sexual act of gratification, or other acts of a sexual nature committed in physical contact with the victim's body, if it was done with a person who has not attained the age of sixteen years and if such offence has been committed by a person who has attained the age of majority, is punished by deprivation of liberty for a term of up to five years, or short-term imprisonment, or community service, or a fine and probationary supervision for a period of up to five years. [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. [148], The age of consent in Northern Ireland is 16, regardless of sexual orientation or gender, as specified by the Sexual Offences (Northern Ireland) Order 2008. As part of CRIN’s policy work on the minimum age of criminal responsibility (MACR), we monitor these ages around the world. by furnishing or creating an opportunity, This page was last edited on 9 December 2020, at 12:04. The age of consent in Sweden is 15, as specified by the Swedish Penal Code, Chapter 6 (On Sexual Crimes). The most common age of sexual consent is 16.1 In some countries gay or lesbian sex is illegal. (1). Elio’s Jewish-American dad, ... the age of consent in Italy is 14, so, despite Woods’ whining, no man-made laws were being broken). The deeds provided for by Parts One or Two of this article made in respect of two or more persons - The ages of consent are currently set between 14 and 18. [131][132], Article 155 states that sexual intercourse with a person under the age of 16 committed by a person over the age of 18 shall be punishable. The commission of lecherous actions without using violence by a person who has reached eighteen years of age in respect of a person who has not reached sixteen years of age - (2) The person who committed the act set forth in par. Article 216 reads: (1) An adult person who lives in an extramarital community with a minor, shall be punished by an imprisonment sentence of three months to three years. Article 134. In 32 other countries including Albania, Austria, Bangladesh, Bolivia, Brazil, China, Eritrea, … Between adults, payment receipt or provision and public nuisance were criminalised. The history before 1993 within Czechoslovakia is commons with the Czech Republic. Whoever commits the acts described in the preceding paragraph for profit is punished with imprisonment from six months to five years. 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. Those who practice or lead to practice the act described in paragraphs 1 or 2 of the previous article, relative to a minor between 14 and 18 years of age entrusted to him or her for education or assistance, shall be punished with imprisonment from one to eight years. If the sexual act of relief consists of copulation, oral intercourse, anal intercourse or vaginal or anal introduction of body parts or objects, the agent is punished with imprisonment for up to 3 years. [65], Previously[when?] 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. 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. Nevertheless, the rapid adoption of numerous laws led to poorly drafted and contradictory texts, which have caused difficulty among the jurisprudence and doctrine, and several cases ended to the High Court of Cassation and Justice in order to clarify the interpretation of the law. The new criminal code in force since 1 July 2013 reads: (1) shall not be subject to criminal liability if he/she is similar to the victim in terms of age and physical and mental Homosexual acts were illegal until 1977, when Croatia, then as a Yugoslav Federal Republic, changed its Penal Code. The Ottoman Empire, a predecessor state to the Republic of Turkey, decriminalized homosexuality in 1858. 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. Italy has a close-in-age exemption. Sexual activity with a prostitute is only legal if the prostitute is under age 18. 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. 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. 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. It was lowered to 16 and then 14. (In 1619, it was about 23 for women, 26 for men.) 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. In 2007, the age of consent was lowered to 16, became gender-neutral for all sexual conduct (including sodomy); regardless of sexual orientation or gender. The age of consent in Italy is 14 and the girls involved are believed to be 15. 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. Audrey E Mross 89/2001, and Emergency Ordinance no. Straffelovrådets betænkning om seksualforbrydelser (September 2012). Close-in-age exceptions (for consensual acts between adolescents close in age, within "social-ethical norms") are at the discretion of the prosecution. The age limit of sexual acts in Slovakia is 15, as specified by the Slovak Criminal Code, Section 201. 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. A new Penal Code was introduced in 1977, which decriminalised homosexual acts and all discriminatory provisions were removed. This continued to be the case under the Napoleonic Code of 1810. However it was set at 18 while heterosexual acts remained at 16. Also during the readings were motions to equalise the age of consent to 17 for all, to maintain the age of consent for homosexual acts to 21, and a further attempt to lower the age of consent to 16, all of which were rejected. "Any person who engages in sexual activity with a child between 14 and 16 years of age shall be subject to imprisonment for a term not exceeding six years, unless the conduct also falls within the scope of other provisions. Anal sex was illegal under the Offences against the Person Act 1861, while the Criminal Law Amendment Act 1885 criminalised "Defilement of girl between thirteen and sixteen years of age", with more severe penalties for "Defilement of girl under thirteen years of age". 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 [...]". 4. [95], Poland never imposed laws against homosexuality. … (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 age of consent in Italy is 14 years old. shall be punishable with deprivation of freedom for a term of three to eight 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. [80], In the wording of the law there is no discrimination on the basis of sexual orientation. Furthermore, there is a close-in-age exemption of 3 years age difference for sexual acts between persons younger than 15. Both changes were criticized. Article 228 of the Penal Penalty Code states that "Term 'Consent' means the voluntary agreement of a person who has reached the age of sixteen years to engage in the sexual act in question", and Article 230 states that, 1. 220, Art. 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. Prior to 2008, the age of consent in Northern Ireland was always 17 for heterosexuals and lesbian sexual conduct. Greece, Poland and Sweden share the consent age of 15. However, discrimination can result from selective enforcement with regard to individual cases. A person who, with a person whom he knows to be unconscious or physically unable to resist or to be suffering from such a degree of mental defect or mental disease that he is incapable or not sufficiently capable of exercising or expressing his will in the matter or of offering resistance, performs indecent acts, or who, with a person who has not yet reached the age of sixteen (16) years, out of wedlock, performs indecent acts, or by whom the latter is enticed into performing, or submitting to such acts, out of wedlock, with a third party, is liable to a term of imprisonment of not more than six years or a fine of the fourth category. Where the age difference between the victim and the accused person is less than four years, the latter shall not be punishable by deprivation of liberty for the committed deed provided for by Part One of this article or by Part One of Article 135 of this Code. [153], The age of consent in the Isle of Man, a Crown Dependency, is 16, last amended in 2006.[154]. I did a quick google search and it says that age of consent in Italy is 14 years old. Most Member States set this between 14 and 16 years. Since 1 December 2010, the age of consent in Scotland is 16, regardless of sexual orientation or gender. (Case B 415-07)[121], The Swedish age of consent also applies if the act takes place outside Sweden but the elder person later goes to Sweden. 2. от 05.01.2006) "О внесении изменений и дополнений в Уголовный кодекс Российской Федерации, "ПРЕСТУПЛЕНИЯ ПРОТИВ ПОЛОВОЙ НЕПРИКОСНОВЕННОСТИ И ПОЛОВОЙ СВОБОДЫ ЛИЧНОСТИ - Уголовный кодекс РФ (УК РФ) от 13.06.1996 N 63-ФЗ \ Консультант Плюс", "11-year-old child expects a baby in Moscow", "Судьба родившей 11-летки Вали Исаевой: "Супруг" живет на детское пособие и требует, чтобы Валя бросила школу. In 1982, it was lowered to 15, in line with that for heterosexual acts. However, until the late 18th century the rule was never used, and, when it came into effect, the convicts were always sentenced to 7 years in jail. Sexual activity with 14–15-year olds is generally legal, but it can still be punished if sexual access to these children has been obtained by exploiting their lack of sexual self-determination. Aged between 13 and 16 does not include 16, however. It also recommended wider publicity of the age limits. [122][123], Homosexual acts, both between men and between women, were prohibited in Sweden since 1864, then in 1944 homosexual acts became legal - but with a higher age of consent of 18 (21 if the younger part was in a situation of dependency) than for heterosexual acts, which was always set at 15. The main sections that relate to sexual offences regarding children are sections 5-15. The highest is set at 18 years – in Malta. This age is not so shocking in Europe, as they have lower ages of consent than the western part of the world. Sex with a child under the age of 12 results in double punishment, and sex with a minor under 18 is illegal for a person in charge of the child. This therefore maintained a "two-tier" cut off age system regarding sexual intercourse when it involved a person under the age of 16. 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 190 furthermore forbids cohabitation with a minor (person under 18) unless a marriage is conducted.[114]. However, this particular legislation applied only in England and Wales. 141.[33]. 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. 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. The European Commission repeated its warning that Cyprus must follow the Court's ruling. Further, part 2 of § 223 establishes that the same punishment is applicable to any person found to have grossly exploited their age and experience based superiority over a person under the age of 18 to seduce said minor into intercourse. It advised that close-in-age cases should remain criminalised, but with more lenient guidelines for sentencing. Sexual intercourse, sodomy, or lesbianism or other acts of sexual nature, with a person who did not reach sixteen years of age, the guilty party being aware of that fact, shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period up to six months, or deprivation of freedom for a period up to five years. [58], See also related Wikisource articles from the Italian Criminal Code (in Italian). 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. By contrast, the age of consent is much higher in Turkey, at 18. [43][44] 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". In medieval Welsh law there was no actual equivalent of the concept of the age of consent as such, but a girl was marriageable at 12–14 (the onset of puberty) and a fine was payable for the taking of a girl's maidenhood by force; the rules varied according to status and may not have been applied rigidly to commoners. El que realizare actos de carácter sexual con un menor de dieciséis años, será castigado como responsable de abuso sexual a un menor con la pena de prisión de dos a seis años. Only men of 18 or older could be offenders and courts could refrain from punishment if the offender was not yet 21. 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. "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]. Barclay, Scott Bernstein Mary Marshall, Anna-Maria Queer Mobilizations: LGBT Activists Confront the Law New York University Press 2009 page 129. § 175 was abolished. The Penal Code of 1864, which followed shortly after the union of the Principalities of Moldavia and Wallachia, and was in force between 1865 and 1936, set an age of consent of 14. Illicit sexual relations, pederasty, or lesbianism, committed by a person who has attained 18 years of age with a person who obviously has not attained 14 years of age, b) makes a child under 14 years of age perform acts corresponding to sexual activity on himself/herself, or Other acts that must be criminalized include: "Engaging in sexual activities with a child (child is defined in Article 3 as "person under the age of 18 years") where: The age of consent is called "the legal age for sexual activities" and must be chosen by states at the age they see fit. 3. 211-XV dated 29.05.03, in force as of 12.06.03]. The Netherlands has gained an international reputation of being extremely liberal on sexual issues, with some of this due to exaggerated reports in foreign media and claims by foreign politicians, rather than based on reality. The Lanzarote Convention (ratified, as of 2020, by all member states except Ireland),[1] which came into effect in 2011, obligates the countries that ratify it to criminalize certain acts concerning children under 18, such as the involvement of such children in prostitution and pornography. "(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. In 1999, the age of consent for male homosexual acts was lowered to 18. Until 1961, homosexual acts were prohibited, however the Criminal Code of that year decriminalised such behaviour partially. Usage is subject to our Terms and Privacy Policy. 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]. They were decriminalised a second time in 1983 and an age of consent was set at 16, in line with heterosexual activities. (The term unmündig is specified in Section 74[8] of the penal code.) This is regardless of the age of consent in the country where the act took place. 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). The age of consent in the Bailiwick of Jersey, a Crown Dependency, is 16, last amended in 2007. The age of consent in Malta is 16. 1940s timeline of major events in LGBT (lesbian, gay, bisexual, transgender) rights history, including homosexuality, gay marriage, gay adoption, serving in the military, sexual orientation discrimination protection, changing legal gender, donating blood, age of consent, and more. shall be punishable by deprivation of freedom for a term of seven 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 and with restriction of liberty for a term of up to two years or without such. 1. In May 1997, again a government measure to repeal the ban failed because of the strength of the opposition. 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. In 1989, Alecos Modinos, president of the Cypriot Gay Liberation Movement, brought a case to the European Court of Human Rights. The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. 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]. There is no specific reference to "lewd acts" between two females of the same offence. Since September 2007, the age of consent was formally equalised as part of the Penal Code of September 2007. The relevant law, passed in November, 1990, permitted sexual intercourse for young people between 12 and 16 in most circumstances, but allowed a challenge by parents or by the Child Protection Agency if there was evidence of exploitation. 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]. [155] In 2006, under the Sexual Offences (Amendment) Act 2006[156] the age of consent was lowered to 16, and became gender-neutral for all sexual conduct, regardless of sexual orientation or gender. During the same period, Italy legalized divorce and abortion. Colorado’s age of consent is seventeen 17 years of age.This means that minors 16 years of age and younger cannot legally agree to engage in sexual intercourse. [142], Anal intercourse, both male-male and male-female, had been illegal and punishable by death since the Buggery Act 1533. The age of consent is therefore 16. Almost identical regulation was contained in the Czechoslovak penal under code 140/1961 Sb., which in § 242 reads: "A person who has coitus with a person under fifteen (15) years of age or who sexually abuses such a person in any other way shall be sentenced to imprisonment for at least one and at most eight years. The age of consent in Poland is 15, as specified by the Polish Penal Code (Kodeks karny), Article 200, which reads: Article 200 § 1. But even those above the age of 14 have to give their consent to sex or it is rape under Italian law. The data below reflects what each jurisdiction's legislation actually means, rather than what it states on the surface. According to the Svalbard Treaty, Norwegian law is applied as the minimum standard. 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. (What is permitted? Article 4 of Law No. teacher, tutor, adoptive parent, etc.). The age limit in the Austrian Empire was 14 years under § 128 of the Empire's Penal Code of 1852. The deed provided for by Part Two of this article which is made by the person who has a previous conviction for having committed an offence against sexual integrity of a minor -. Decriminalized homosexual sex equalised as part of the world close in age exemption, 13! By exploiting his physical or mental superiority were decriminalised a second time in 1983 and an age of in... 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