Age of consent and Category talk:People from Cook County, Illinois: Difference between pages

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{{otheruses1|the legal concept}}

In [[criminal law]], the '''age of consent''' (AoC) is the age at which a person is considered to be capable of legally giving [[informed consent]] to any legal contract or behaviour regulated by law with another person. This article refers specifically to the AoC Laws regulating [[Human sexual behavior|sexual acts]], not be confused with the [[age of majority]] or [[defense of infancy|age of criminal responsibility]], and in some jurisdictions, the [[marriageable age]].

The age of consent varies widely from jurisdiction to jurisdiction. The median seems to range from fourteen to sixteen years, but laws stating ages as young as twelve and as old as twenty-one do exist. Some jurisdictions forbid sexual activity outside of legal marriage completely. The relevant age may also vary by the type of sexual act, the gender of the actors or other restrictions such as abuse of authority. Some jurisdictions may also make allowances for minors engaged in sexual acts with each other rather than a hard and fast single age. Charges resulting from a breach of these laws may range from a relatively low level misdemeanour such as "corruption of a minor" to "[[statutory rape]]" (which is considered equivalent to rape, both in severity and sentencing).

There are many [[Grey area|grey areas ]] in this field of law, some regarding unspecific and untried legislation, others brought about by debates regarding changing societal attitudes and others due to conflicting federal/state laws. These factors all make age of consent an often confusing subject and a topic of highly charged debates.

==Social attitudes==

Social (and the resulting legal) attitudes toward the appropriate age of consent have drifted upwards in modern times; while ages from ten through to thirteen were typically acceptable in the mid Nineteenth Century, fifteen through to eighteen had become the norm in many countries by the end of the Twentieth Century.

===Moral philosophy===

The general moral philosophy behind AoC laws is the assumed need for the protection of [[Minor (law)|minors]]. It is a common belief in most societies that minors below a certain age lack the maturity and experience to fully understand the ramifications of engaging in sexual acts. These fears may include but are not limited to resulting pregnancies and psychological or physical damage. There is an ongoing debate in some Western cultures regarding [[child sexuality]] as it relates to age of consent. It is these debates that have informed the various laws in different jurisdictions and account for their disparity. Some cultures regard minors engaging in sexual activity as normal whereas other cultures regard it as [[deviant behavior]] in need of correction.

===Religious basis===

Many legal systems are based on a morality informed by an underlying religious code. For example the [[Common law]] systems practised in the [[United Kingdom]] and its former colonies were founded upon perceived [[Christian values]]. The Laws in many Muslim based countries are based on the [[Qur'an]] and the resulting [[Sharia]] where any sex outside marriage is usually forbidden. In some legal systems a [[Secularism|secular]] influence has since informed the Law (for example legalisation of homosexual relations) and in others the perceived moral codes hold. This difference in opinion between different religious groups and secular groups has led to debate and tension in setting a consensus on AoC.

==Law==

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. Many different terms exist for the charges laid and include [[Statutory rape#Statutory rape|statutory rape]], [[illegal carnal knowledge]] or [[corruption of a minor]].

The enforcement practises of AoC laws tend to vary depending on the social sensibilities of the particular culture (see above). 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 [[gender#sex|gender]] of each actor can also influence perceptions of an individual's guilt and therefore enforcement.

: "''The [US] Supreme Court has held that stricter rules for males do not violate the equal protection clause of the Constitution, on the theory that men lack the disincentives associated with pregnancy that women have to engage in sexual activity, and the law may thus provide men with those disincentives in the form of criminal sanctions.''" Posner (1996) {{ref|posner}}

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 minors and authority figures, even when the act would otherwise be legal.

===Defences===

The AoC is a legal barrier to the minor being able to give consent and as such obtaining consent is not in general a defence to having sexual relations with a person under the prescribed age. However, there are some defences in some jurisdictions; common examples include;

* ''Limited mistake of age'' - Where the accused can show mistaken belief that 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 close to the AoC. Such a defence becomes stronger if the accused can show [[due diligence]] in determining the age of the victim

* ''Similarity of age'' - Where the difference in age between the accused and the victim was fewer than a certain number of years; or

* ''Marriage'' - In those jurisdictions where the [[marriageable age]] is less than the age of consent.

These different defences can change dramatically from jurisdiction to jurisdiction, even between neighbouring states of the same union with the same AoC.

===Prostitution===

The age at which a person can engage in prostitution (if it is at all legal in a jurisdiction) is often set at the [[age of majority]] rather than at the AoC. This is possibly due to the legal nature of contract as well as so called moral reasons.

===Marriage===

The age at which a person can be married can also differ from the AoC. In some jurisdictions this can negate the AoC laws where the [[Marriageable age]] is below that of AoC in others it does not. Further still, some juristrictions have no actual AoC but require persons to be married before they can legaly engage in sexual activity.

===Extraterritoriality===

Increasingly the age of consent laws of a state apply not only to acts committed on its own territory, but also acts committed by its nationals and/or inhabitants on foreign territory. Such provisions have been frequently adopted to help reduce the incidence of child [[sex tourism]]. See the relevant sections below for discussion of laws in specific jurisdictions. (See also [[Universal jurisdiction]]; the effective age of consent may be the highest of those corresponding to the list in [[Universal jurisdiction#Applicable jurisdictions|Applicable jurisdictions]].)

===Age of consent for homosexual and heterosexual sex===

In many jurisdictions there have been differing age of consent for [[Heterosexuality|heterosexual]] and [[homosexuality|homosexual]] intercourse, with homosexual acts completely outlawed in some areas. More recently these disparities have been removed in many jurisdictions as a result of the [[United Nations]] and [[gay rights|gay rights movements']] declarations on human rights as well as Federal decisions such as [[Lawrence v. Texas]] in the [[Supreme Court of the United States]]. In those places that had such disparities the age of consent for heterosexual and female homosexual intercourse was often lower than the age of consent for male homosexual intercourse. There still remain many groups opposed to "homosexual activity", usually based upon a prescribed religious morality (see above).

==Ages of consent in various countries==

<!-- Please cite sources on the 'specific localities' subpages if you alter this table -->

This table shows the general "norm" between countries only and should not be considered authoritative. Some values given in this table are yet to be verified. Check the Discussion of laws in specific jurisdictions on the subpages listed below for specific information relating to each jurisdiction.

{|class="wikitable"

!12

!13

!14

!15

!16

!17

!18

!20

!21

|----

|<!-- 12 -->

[[Age_of_consent_in_North_America#Mexico|Mexico]]<br>

Philippines<br>

|<!-- 13 -->

[[Age_of_consent_in_South_America#Guyana|Guyana]]<br>

Japan<br>

South&nbsp;Korea<br>

Spain<br>

Swaziland<br>

|<!-- 14 -->

Albania<br>

Austria<br>

Bulgaria<br>

[[Age_of_consent_in_North_America#Canada|Canada]]<br>

Chile<br>

China<br>

Colombia<br>

Ecuador<br>

Estonia<br>

Germany<br>

Hungary<br>

Iceland<br>

Italy<br>

Montenegro<br>

Paraguay<br>

Peru<br>

Portugal<br>

Serbia<br>

|<!-- 15 -->

Czech&nbsp;Republic<br>

Denmark<br>

France<br>

Greece<br>

Morocco<br>

Poland<br>

Romania<br>

Slovakia<br>

Slovenia<br>

Sweden<br>

Thailand<br>

[[Age_of_consent_in_South_America#Uruguay|Uruguay]]<br>

|<!-- 16 -->

Algeria<br>

Andorra<br>

Antigua<br>

[[Age_of_consent_in_South_America#Argentina|Argentina]]<br>

[[Age_of_consent_in_Australia#Australia|Australia]]<br>

Belgium<br>

Dominica<br>

Finland<br>

Hong&nbsp;Kong<br>

India<br>

Israel<br>

Jersey<br>

Latvia<br>

Netherlands<br>

[[Age_of_consent_in_Australia#New_Zealand|New Zealand]]<br>

[[Age_of_consent_in_Europe#Norway|Norway]]<br>

Puerto&nbsp;Rico<br>

[[Age_of_consent_in_Asia#Russia|Russia]]<br>

Singapore<br>

South&nbsp;Africa<br>

Switzerland<br>

Taiwan<br>

Ukraine<br>

[[Age_of_consent_in_Europe#The_United_Kingdom_of_Great_Britain_and_Northern_Ireland|United Kingdom]]<br>

[[Age_of_consent_in_North_America#United_States|United States]]<br>

Venezuela<br>

|<!-- 17 -->

Indonesia<br>

[[Age_of_consent_in_Europe#Ireland,_Republic_of|Ireland]]<br>

Northern&nbsp;Ireland<br>

|<!-- 18 -->

Egypt<br>

Kazakhstan<br>

Pakistan<br>

Tanzania<br>

Turkey<br>

Malaysia<br>

Vietnam<br>

|<!-- 20 -->

Tunisia<br>

|<!-- 21 -->

Madagascar<br>

|}

==Specific Localities==

* [[Age_of_consent_in_Africa|Africa]]

* [[Age_of_consent_in_Asia|Asia]]

* [[Age_of_consent_in_Australia|Australia and Pacific Region]]

* [[Age_of_consent_in_Europe|Europe]]

* [[Age_of_consent_in_North_America|North America]]

* [[Age_of_consent_in_South_America|South America]]

==See also==

*[[Age disparity in sexual relationships]]

*[[Convention on the Rights of the Child]]

*[[Criminal law]]

*[[Marriageable age]]

==External links==

'''Note:''' much of the information at these links is out of date.

*[http://www.ageofconsent.com/ageofconsent.htm Age Of Consent chart] (last updated 2003)

*[http://www.omaha-neb.com/iowa.htm Iowa's lifetime banishment for violating age of consent laws in any state.] (Law applies even for two teens close in age.)

*[http://womhist.binghamton.edu/aoc/doclist.htm Age of Consent Campaign, 1886-1914] (in the USA)

*[http://www.spartacus.schoolnet.co.uk/REage.htm Age of Consent] campaigns in the U.K.

* [http://www.avert.org/aofconsent.htm Chart of ages of consent around the world] (welcomes suggested updates from readers, if they can provide good sources)

*[http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/Default.asp Legislation of Interpol member states on sexual offences against children]

* [http://www.state.hi.us/ag/pdf_documents/Report_Age_of_Consent_Task_Force.pdf Hawaii Age of Consent Task Force Report] (pages 65-68 of this report offer graphical charts of the 50 states showing their ages of consent, especially in the context of age differentiation)

==References==

#{{note|posner}} Posner, Richard, A Guide to America's Sex Laws, The University of Chicago Press, 1996. ISBN 0-226-67564-5. Page 45. The case cited is <i>Michael M. v. Superior Court</i>, 450 U.S. 464 (1981).

[[Category:Statutory law]]

[[Category:Legal fictions]]

[[Category:LGBT civil rights]]

[[Category:Sex crimes]]

[[Category:Sexuality and age]]

[[da:Seksuel lavalder]]

[[de:Schutzalter]]

[[fr:Majorité sexuelle]]

[[he:גיל ההסכמה]]

[[hu:Beleegyezési korhatár]]

[[ru:Возраст согласия]]

[[sv:Byxmyndig]]