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The ages of consent vary by jurisdiction across Europe. The ages of consent are currently set between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only three countries, Cyprus (17), Ireland (17), Turkey (18), do not fit into this pattern. The laws can also stipulate which specific activities are permitted or specify the age at which one or other sex can legally participate. Below is a discussion of the various laws dealing with this subject. The highlighted age is that from which a young person can lawfully engage in a non-commercial sexual act with an older person, regardless of their age difference, provided the older one is not in a position of power, a relative, or is committing another form of exploitation (such as abuse of power or dependence). In some jurisdictions, including Italy and Hungary, there are exemptions if the age difference is within prescribed bounds. All jurisdictions in Europe, except Vatican City, have equal and gender-neutral age limits.
The below is a list of all jurisdictions in Europe as listed in List of sovereign states and dependent territories in Europe.
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. However, most countries in Europe now have binding legal obligations in regard to the sexual abuse of children under 18. The Lanzarote Convention, which was ratified, as of 2021, by all member states of the Council of Europe,[1] and 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. 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. (No specific age is recommended.) As of February 2021, the convention has been ratified by all states of the Council of Europe.[2]
In the European Union (EU 27), 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]
Since 2001, the age of consent in Albania is 14, regardless of gender and sexual orientation. In the case of a girl, however, sex is illegal if she is over 14 but has not reached "sexual maturity", as provided by article 100 of the criminal code.[4]
The age of consent in Andorra is 14, as specified by Article 147 of the penal code, which reads: (1) "Whoever carries out a sexual act with a person younger than fourteen years ... shall be punished with imprisonment for between three months and three years." Paragraph 2 states that if the sexual act involves sexual penetration the punishment is three to ten years.[5]
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. The penalty is more severe when the subject is below the age of 18.
The age of consent in Armenia is 16.
Article 141. Sexual acts with a person under 16.
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 general age of consent in Austria is 14, as specified by Section 206[7] of the penal code. (The term unmündig is specified in Section 74[8] of the penal code.) Paragraph 4 of Section 206 defines a close-in-age exception, lowering the age of consent to 13 if the other party is not older than 16 and some additional conditions are met. Paragraph 4 of Article 207 increases this exception to 4 years, with a minimum age of 12, for sexual acts not amounting to sexual intercourse or other acts “that can be equated with sexual intercourse” - essentially non-penetrative sexual contact. It is subject to the same additional conditions of article 206 (for example, that the act does not cause serious bodily harm).
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.
The offence "initiating sexual contacts with minors under 14 through the use of computer system" is punishable by two years' imprisonment (Section 208a Penal Code).
The Austrian Criminal Code previously specified 18 as the age of consent for male homosexual sex in which the other partner was aged 14–18, while no equivalent provision existed for heterosexual sexual conduct or in regards to female homosexuality; this was Section 209 of the Criminal Code. In November 1996, an amendment was put before the Austrian Parliament to remove Section 209; but the vote ended in a draw, and the amendment failed to pass. In July 1998, a similar amendment was put forward; it was voted down by the conservative majority. Section 209 came into force when homosexuality between males became legal in 1971.
On 24 June 2002, the Austrian Constitutional Court ruled that Section 209 was unconstitutional. The Section was later repealed on 14 August 2002. 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.
The age of consent in Azerbaijan is 16.
Sexual intercourse with the person below the age of 16 years, as well as the same offences linked with satisfaction of sexual passion in perverted forms shall be punished by imprisonment up to 3 years.[10]
The age of consent in Belarus is 16, as specified by Articles 168 and 169, which read: "Sexual relations, sodomy, lesbian acts or other actions of sexual character of an adult, reached eighteen years of age, with a person who obviously has not reached sixteen years of age, at absence of attributes of the crimes stipulated by articles 166 and 167 present codes, are punished by restriction of freedom of two years to four years or by imprisonment of two years to five years." and "Dissolute actions accomplished by a person, reached eighteen years of age, concerning a person who obviously has not reached sixteen years of age, at absence of attributes of the crimes stipulated by articles 166, 167 and 168 present codes, are punished by arrest of about six months or imprisonment of one year to three years."[11]
The age of consent in Belgium is 16, as specified by Article 372 of the Criminal Code (Code pénal/Strafwetboek).
The Belgian Criminal Code previously specified an age of consent of 18 for homosexual sex. This provision - Article 372bis - was added in 1965 and repealed in 1985.
Sexual activity with children younger than 14 is illegal under Article 207, which prohibits sexual acts with a "child", and a "child" is defined in Article 2(8) as a person under 14. 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). However, Article 151 (2) has a provision for those who are over 14 and do "not understand the characteristics or the importance of the act":
Art. 149. (1) A person who performs an act for the purpose of arousing or satisfying sexual desire, without copulation, with a person under 14 years of age, shall be punished for lewdness by imprisonment for up one to six years.
Art. 151. (1) A person who has sexual intercourse with a person who has not completed the age of 14 years, insofar as the act does not constitute a crime under Article 152, shall be punished by imprisonment for two to six years. (2) Anyone who has sexual intercourse with a person who has reached 14 years of age and who does not understand the nature or meaning of the act, shall be punished by imprisonment for up to five years.[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]
(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.
(2) Whoever commits a lewd act with a child under fifteen years of age or induces a child to commit a lewd act on itself or with a third person, shall be punished by imprisonment for a term between six months and five years.
However, there is a close-in-age exemption of three years.
Before the year 2013, the legal age of consent in Croatia was 14. Homosexual acts were illegal until 1977, when Croatia, then as a Yugoslav Federal Republic, changed its Penal Code. The age of consent was equalised in 1998.
The age of consent for all sexual conduct in Cyprus under the 2002 Criminal Code is 17, regardless of sexual orientation or gender.[14]
Until 1998, homosexual acts between men were entirely forbidden under Section 171 (1929). In 1989, Alecos Modinos, president of the Cypriot Gay Liberation Movement, brought a case to the European Court of Human Rights. In 1993, the Court held that the prohibition of homosexual acts was a violation of Article 8. In January 1995, the Cypriot Government introduced a Bill in the Cypriot Parliament that would have abolished the ban. Strong opposition from the Orthodox Church meant the Bill stalled when referred to the Parliament's Legal Affairs Committee. The European Commission repeated its warning that Cyprus must follow the Court's ruling. In May 1997, again a government measure to repeal the ban failed because of the strength of the opposition. 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. However it was set at 18 while heterosexual acts remained at 16.
In 2002, under pressure from the EU[15] the parliament finally ended the disparate provisions and changed the age of consent to 17 for both heterosexual and homosexual acts, under the revised Criminal Code.[16]
For both of these Sovereign Base Areas (British military enclaves) on the island of Cyprus, the age of consent is 16.
Northern Cyprus (Areas of the Republic of Cyprus that are currently occupied by Turkey - see the Turkish invasion of Cyprus) has an age of consent of 16 as designated in the Penal Code (Ceza Yasası, Art. 153 & 154). 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. As of 2014, the age of consent is set at 16 for both males and females, sexual contact with any child under 16 regardless of gender is a felony and the ban on sodomy is lifted, thereby legalizing homosexual sex.[17]
The age of sexual consent in the Czech Republic is 15.
Additionally, the section of the Czech penal code 40/2009 Sb. covering "crimes against family and children" contains § 202 which criminalizes a "seduction to sexual intercourse" of any persons under 18 years by any promise or provision of payment, benefit, privilege or profit, for sexual intercourse, masturbation, exposure or similar behavior. This regulation was added to the old Czechoslovak penal code (140/1961 Sb.) adopted by the Czech Republic as § 217a by the amendment Czech act No. 218/2003 Sb. effective from 2004 January 1. This also covers cases when there is any kind of trust or dependence, for example, teacher-student, employer-employee.
The age limit in the Austrian Empire was 14 years under § 128 of the Empire's Penal Code of 1852.[18] Homosexual sexual intercourse and sexual intercourse with animals were generally grouped in as "crime against nature" by § 131.historic The Austrian Penal Code was replaced in Czechoslovakia in 1950. The Czechoslovak Penal Code 86/1950 Sb. in § 239 raised the limit to 15 years. 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."[19] The new Czech Penal Code (40/2009 Sb., effective from 2010 January 1) contains a similar regulaton: § 187. Around 2008 and 2009, the lowering of the limits of criminal responsibility as well as sex acts age limits from 15 to 14 years was passed in Parliament in the new Penal Code 40/2009 Sb. effective from 1 January 2010. Both changes were criticized. Before coming into effect, the amendment act 306/2009 Sb. changed both limits back to 15 years.
Until 1962, homosexual sexual intercourse was illegal in Czechoslovakia. The Czechoslovak 140/1961 Sb. Penal Code, introduced in that year, still contained as a crime "Sexual intercourse with a person of the same sex" (§ 244) but covered only persons older than 18 years of age who had intercourse with a person younger than 18. Between adults, payment receipt or provision and public nuisance were criminalised. In 1990, article § 244 was repealed in its entirety by the Czechoslovak Act 175/2009 Sb, from 2009-07-01.
The age of consent in the Kingdom of Denmark is 15 as specified by Section 222:[20]
§ 222. Whoever has sexual intercourse with a child under the age of 15, shall be punished by imprisonment for up to 8 years, unless the situation is covered by § 216 paragraph 2. In determining the penalty, it shall be an aggravating circumstance if the perpetrator has gained intercourse by exploiting his physical or mental superiority.
Section 223, part 1, reads: "Any person who has sexual intercourse with any child under 18, who is said person's adopted child, stepchild or foster child, or who is entrusted to said person for education or upbringing, will be liable to imprisonment for any term not exceeding four years", this includes teachers. 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.
The laws in the Faroe Islands and Greenland are equivalent although regulated in separate penal codes for these autonomous countries.
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. In 1976, the age of consent was harmonized at 15 for all acts[citation needed]. 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.
Until 1866, "acts against nature" [anal intercourse] were punishable with the stake. 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.[clarification needed] This became the punishment introduced in the Penal Code 1866, but now only for homosexual acts.[citation needed]
In 1969, Denmark became the first country to legalise pictorial pornography,[21] but this did not affect laws related to the age of people participating in its production. 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 1980 it became illegal to sell, spread or possess pornography involving children under the age of 15, regardless of its country of origin (Danish Penal Code §235).[22] The limit was later changed to 18 years, which is the standing law today, although it remains legal for a person over the age of 15 to take their own nude photos, as long as they are only shared with friends (for example with a boyfriend or girlfriend), the receiver explicitly has received the right to possess them, and they are not shared or spread any further.[22] 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.[23]
The age of consent in Estonia is 14, as specified by Section 145 of the Criminal Code of Republic of Estonia (sexual intercourse or other act of sexual nature with a child), which reads: "An adult person who engages in sexual intercourse with a person of less than 14 years of age shall be punished by up to 5 years' imprisonment."[24]
Section 141 defines rape as "Sexual intercourse with a person against his or her will by using force or taking advantage of a situation in which the person is not capable of initiating resistance or comprehending the situation"";[25] and Section 147 reads:
Section 147. Inability of person of less than 10 years to comprehend
Until 1992, male homosexual sex was illegal, the Estonian SSR Penal Code, Article 118, forbidding "anal intercourse between men". When regaining independence from USSR in 1991, the age of consent for male homosexual intercourse was set at 16, whereas the age for heterosexual intercourse with female was 14. There was no age of consent for heterosexual intercourse with male. The age of consent was harmonized in 2001 when Estonia adopted its first Penal Code after restoring its independence, specifying an age of 14 for sexual intercourse.
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."
The sexual act may not be punishable if "there is no great difference in the ages or the mental and physical matur
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