Age of consent

In criminal law, the age of consent is the age at which a person is considered to be capable of legally giving informed consent to sexual acts with another person. Thus somebody engaging in sex with someone below the age of consent commits a crime, called child sexual abuse. Under many jurisdictions, this is regardless of his or her own age, but in some locations, if the age difference is within a certain range, a less serious (or no) crime occurs.

The age of consent should not be confused with the age of majority or age of criminal responsibility, and in some jurisdictions, the marriageable age differs from the age of consent.

The age of consent varies widely from jurisdiction to jurisdiction, though most jurisdictions in the world today have an age of consent between 14 to 18 years, but ages as young as 12 and as old as 21 also occur.

Social and legal attitudes

Social and legal attitudes towards the appropriate age of consent have drifted upwards in modern times; while ages from ten through to thirteen were typically acceptable in the mid 19th century, fifteen through eighteen had become the norm in many countries by the end of the 20th century. Calls for the age of consent for heterosexual sex to be lowered are largely unheard of outside of US, with an age of 17 or 18.

Sexual relations with a person under the age of consent is in general a criminal offence, with punishments ranging from token fines to life imprisonment. In the United States this offence is frequently called statutory rape, though outside the United States other names are more commonly used (e.g. "carnal knowledge of a person under sixteen years").

The enforcement practices of age of consent laws tend to vary depending on the social sensibilities of the particular culture. Often enforcement is not exercised to the letter of the law, with legal action being taken only when a sufficiently socially-unacceptable age gap exists between the two individuals, or if the perpetrator is in a position of authority over the minor (e.g. a teacher, priest or doctor). The sex of each participant also influences perceptions of an individual's guilt and therefore enforcement. Not only is enforcement more likely in the case of a larger age gap, but in the US at least, laws are becoming more explicit about prohibiting sex between youngsters and authority figures, even when sex would otherwise be legal.

That the relationship was consensual is not in general a defence to having sexual relations with a person under the age of consent; however, there are some defences: common examples include a limited mistake of age defence, and a defence of similarity of age. A mistake of age defence is that the accused mistakenly believed the victim was not under the age of consent; however, where such a defence is provided, it is normally limited to apply only when the victim is above a certain age. Such a defence becomes stronger if the accused can show due diligence in determining the age of the victim.

A defence of similarity of age is that the difference in age between the accused and the victim was fewer than a certain number of years. Another defence is often marriage, for those jurisdictions where the marriageable age is less than the age of consent.

Other legal aspects

• Legally, relationships between adults and adolescents do not necessarily include sex. Most of them involve sexual attraction. Just dating a teenager below the age of consent is legal in some jurisdictions, especially when the adolescent's age is above the marriageable age. In other jurisdictions, this may be illegal.

Age of consent for homosexual and heterosexual sex

Frequently, jurisdictions provide differing ages of consent for heterosexual and homosexual intercourse. Most often, the age of consent for heterosexual and female homosexual intercourse is lower than the age of consent for male homosexual intercourse. The gay rights movement has been attempting in many places to establish an equal age of consent regardless of the sex of the partners; this has resulted in many jurisdictions adopting a common age of consent, though conservatives have frequently and successfully opposed this (see Sodomy law).

Ages of consent in various countries

The following list of ages of consent in various countries is on the list given on the web-site linked at the bottom of this page.

United Kingdom

• United Kingdom: (see [1] and [2], a 2003 overhaul of hundred-year-old laws on sexual activity which came into force in 2003)
  • 18 years for any sexual act if there is a relationship of trust (e.g. teacher/pupil) (unless they are a married couple, in which case the below applies)
  • England and Wales: heterosexual and male and female homosexual 16
  • Scotland: heterosexual and male homosexual 16
  • Northern Ireland: heterosexual and male homosexual 17
  • Until 2003, there was no specific law for lesbians, though in England and Wales this has now been set at 16 years old. Although no such legislation exists for Scotland and Northern Ireland, a female under 16 is deemed incapable of consenting to any type of sexual behaviour which could be classed as sexual assault and the courts have taken this to mean that the age of consent is the same as for male homosexual acts.
  • Jersey: 16 (18 homosexual)

(Before 2001 the homosexual age of consent in England and Wales was 18, and before the early 1990s it was 21, the age it was set at when consensual buggery was decriminalised)

United States of America

• United States: varies from state to state, usually between 16 and 18; some states formerly forbade homosexual acts entirely, however such laws have been declared unconstitutional in 2003 (Lawrence v. Texas). Federal law forbids crossing state lines or international borders with the intent of having commercial sex with a person who is under 18, or any sex with a person who is under 16 and at least 4 years younger than the perpetrator (18 U.S.C. 2243, 18 U.S.C. 2423). In the US it is illegal to produce pornography featuring those under 18 and prosecutions have been commenced for cases where both partners are over the age of consent and under 18 years old, where they were making material solely for their own consumption or that of their lawful partner. The constitutionality of these cases is uncertain.

External links

• Age of Consent Campaign, 1886-1914 (in the USA)
• Age of Consent campaigns in the U.K.
• Ages of consent over the world - (note that this website does not appear to be up-to-date)