Sex Age
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https://en.m.wikipedia.org/wiki/Age_of_consent
Traditional attitudes
In traditional societies, the age of consent for a sexual union was a matter for the family to decide, or a tribal custom. In most cases, this coincided with signs of puberty, menstruation for a woman, and pubic hair for a man.
Reliable data for ages at marriage is scarce. In England, for example, the onl…
Traditional attitudes
In traditional societies, the age of consent for a sexual union was a matter for the family to decide, or a tribal custom. In most cases, this coincided with signs of puberty, menstruation for a woman, and pubic hair for a man.
Reliable data for ages at marriage is scarce. In England, for example, the only reliable data in the early modern period comes from property records made after death. Not only were the records relatively rare, but not all bothered to record the participants' ages, and it seems that the more complete the records are, the more likely they are to reveal young marriages. Modern historians have sometimes shown reluctance to accept evidence of young ages of marriage, dismissing it as a 'misreading' by a later copier of the records.
In the 12th century, Gratian, the influential compiler of canon law in medieval Europe, accepted the age of puberty for marriage (not sex) to be around twelve for girls and around fourteen for boys but acknowledged consent to be meaningful if both children were older than seven years of age. There were authorities that said that such consent for entering marriage could take place earlier. Marriage would then be valid as long as neither of the two parties annulled the marital agreement before reaching puberty, or if they had already consummated the marriage. Judges sometimes honored marriages based on mutual consent at ages younger than seven: in contrast to established canon, there are recorded marriages of two- and three-year-olds.
The first recorded age-of-consent law dates from 1275 in England; as part of its provisions on rape, the Statute of Westminster 1275 made it a misdemeanor to "ravish" a "maiden within age," whether with or without her consent. The phrase "within age" was later interpreted by jurist Sir Edward Coke (England, 17th century) as meaning the age of marriage, which at the time was twelve years of age.
The American colonies followed the English tradition, and the law was more of a guide. For example, Mary Hathaway (Virginia, 1689) was only nine when she was married to William Williams. Sir Edward Coke "made it clear that the marriage of girls under 12 was normal, and the age at which a girl who was a wife was eligible for a dower from her husband's estate was 9 even though her husband be only four years old."
In the 16th century, a small number of Italian and German states set the minimum age for sexual intercourse for girls, setting it at twelve years. Towards the end of the 18th century, other European countries also began to enact similar laws. The first French Constitution of 1791 established the minimum age at eleven years. Portugal, Spain, Denmark and the Swiss cantons initially set the minimum age at ten to twelve years.
Age of consent laws were, historically, difficult to follow and enforce: legal norms based on age were not, in general, common until the 19th century, because clear proof of exact age and precise date of birth were often unavailable.
In Australia, 18th century thought was that children were inherently sinful and vulnerable to sexual temptations. Punishment for "giving in" to these temptations was generally left to parents and was not seen as a government matter, except in the case of rape. Australian children had few rights and were legally considered the chattel of their parents. From the late 18th century, and especially in the 19th century, attitudes started to change. By the mid-19th century there was increased concern over child sexual abuse.
Reforms in the 19th and 20th century
A general shift in social and legal attitudes toward issues of sex occurred during the modern era. Attitudes on the appropriate age of permission for females to engage in sexual activity drifted toward adulthood. While ages from ten to thirteen years were typically regarded as acceptable ages for sexual consent in Western countries during the mid-19th century, by the end of the 19th century changing attitudes towards sexuality and childhood resulted in the raising of the age of consent.
English common law had traditionally set the age of consent within the range of ten to twelve years old, but the Offences Against the Person Act 1875 raised this to thirteen in Great Britain and Ireland. Early feminists of the Social Purity movement, such as Josephine Butler and others, instrumental in securing the repeal of the Contagious Diseases Acts, began to turn towards the problem of child prostitution by the end of the 1870s. Sensational media revelations about the scourge of child prostitution in London in the 1880s then caused outrage among the respectable middle-classes, leading to pressure for the age of consent to be raised again.
The investigative journalist William Thomas Stead of the Pall Mall Gazette was pivotal in exposing the problem of child prostitution in the London underworld through a publicity stunt. In 1885 he "purchased" one victim, Eliza Armstrong, the thirteen-year-old daughter of a chimney sweep, for five pounds and took her to a brothel where she was drugged. He then published a series of four exposés entitled The Maiden Tribute of Modern Babylon, which shocked its readers with tales of child prostitution and the abduction, procurement, and sale of young English virgins to Continental "pleasure palaces". The "Maiden Tribute" was an instant sensation with the reading public, and Victorian society was thrown into an uproar about prostitution. Fearing riots on a national scale, the Home Secretary, Sir William Harcourt, pleaded in vain with Stead to cease publication of the articles. A wide variety of reform groups held protest meetings and marched together to Hyde Park demanding that the age of consent be raised. The government was forced to propose the Criminal Law Amendment Act 1885, which raised the age of consent from thirteen to sixteen and clamped down on prostitution.
In the United States, as late as the 1880s most states set the minimum age at ten to twelve (in Delaware, it was seven in 1895). Inspired by the "Maiden Tribute" articles, female reformers in the U.S. initiated their own campaign, which petitioned legislators to raise the legal minimum age to at least sixteen, with the ultimate goal to raise the age to eighteen. The campaign was successful, with almost all states raising the minimum age to sixteen to eighteen years by 1920.
In France, Portugal, Denmark, the Swiss cantons and other countries, the minimum age was raised to between thirteen and sixteen years in the following decades. Though the original arguments for raising the age of consent were based on morality, since then the raison d'être of the laws has changed to child welfare and a so-called right to childhood or innocence.
In France, under the Napoleonic Code, the age of consent was set in 1832 at eleven, and was raised to thirteen in 1863. It was increased to fifteen in 1945.
In Spain, it was set in 1822 at "puberty age", and changed to twelve in 1870, which was kept until 1999, when it became 13; and in 2015 it was raised to 16.
21st century and present day situation
In the 21st century, concerns about child sex tourism and commercial sexual exploitation of children gained international prominence, and have resulted in legislative changes in several jurisdictions, as well as in the adoption of several international instruments.
The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote, 25 October 2007), and the European Union's 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 were adopted.
The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography came into force in 2002.
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which came into force in 2003, prohibits commercial sexual exploitation of children.
The Council of Europe Convention on Action against Trafficking in Human Beings (which came into force in 2008) also deals with commercial sexual exploitation of children.
Several Western countries have raised their ages of consent recently. These include Canada (in 2008—from 14 to 16); and in Europe, Iceland (in 2007—from 14 to 15), Lithuania (in 2010—from 14 to 16), Croatia (in 2013—from 14 to 15), and Spain (in 2015—from 13 to 16).
The International Criminal Court Statute does not provide a specific age of consent in its rape/sexual violence statute, but makes reference to sexual acts committed against persons "incapable of giving genuine consent"; and the explicative footnote states, "It is understood that a person may be incapable of giving genuine consent if affected by natural, induced or age-related incapacity." (see note 51)
Law
Sexual relations with a person under the age of consent is a crime in most countries; Jurisdictions use a variety of terms for the offense, including child sexual abuse, statutory rape, illegal carnal knowledge, corruption of a minor, besides others.
The enforcement practices of age-of-consent laws 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 power over the minor (e.g. a teacher, minister, or doctor). The sex of each participant can also influence perceptions of an individual's guilt and therefore enforcement.
Age
The threshold age for engaging in sexual activity varies between jurisdictions. Most jurisdictions have set a fixed age of consent. However, some jurisdictions permit sex with a person after the onset of their puberty, such as Yemen, but only in marriage. Ages can also vary based on the type of calendar used, such as the Lunar calendar, how birth dates in leap years are handled, or even the method by which birth date is calculated.
Defenses and exceptions
The age of consent is a legal barrier to the minor's ability to consent and therefore obtaining consent is not in general a defense to having sexual relations with a person under the prescribed age, for example:
Reasonable belief that the victim is over the age of consent In some jurisdictions it is a defense if the accused can show that he or she reasonably believed the victim was over the age of consent. However, where such a defense is provided, it normally applies only when the victim is close to the age of consent or the accused can show due diligence in determining the age of the victim (e.g. an underage person who used a fake identification document claiming to be of legal age). Marriage In various jurisdictions, age of consent laws do not apply if the parties are legally married to each other. Close-in-age exemptions Some jurisdictions have laws explicitly allowing sexual acts with minors under the age of consent if their partner is close in age to them. For instance, in Canada, the age of consent is 16, but there are two close-in-age exemptions: sex with minors aged 14–15 is permitted if the partner is less than five years older, and sex with minors aged 12–13 is permitted if the partner is less than two years older. Other countries state that the sexual conduct with the minor is not to be punished if the partners are of a similar age and development: for instance, the age of consent in Finland is 16, but the law states that the act will not be punished if "there is no great difference in the ages or the mental and physical maturity of the persons involved". Another approach takes the form of a stipulation that sexual intercourse between a minor and an adult is legal under the condition that the latter does not exceed a certain age. For example, the age of consent in the US state of Delaware is 18, but it is allowed for teenagers aged 16 and 17 to engage in sexual intercourse as long as the older partner is younger than 30. In Slovenia, the age of consent is 15, but the law requires that there be "a marked discrepancy between the maturity of the perpetrator and that of the victim". Homosexual and heterosexual age discrepancies Some jurisdictions, such as the Bahamas, UK overseas territory of the Cayman Islands, Chile, Paraguay and Suriname have a higher age of consent for same-sex sexual activity. However, such discrepancies are increasingly being challenged. Within Bermuda for example (since 1 November 2019 under section 177 of the Criminal Code Act 1907) the age of consent for vaginal and oral sex is 16, but for anal sex it is 18. In Canada, the United Kingdom and Western Australia, for example, the age of consent was originally 21 for same-sex sexual activity between males (with no laws regarding lesbian sexual activities), while it was 16 for heterosexual sexual activity; this is no longer the case and the age of consent for all sexual activity is 16. In June 2019, the Canadian Government repealed the section of the Criminal Code that set a higher age of consent for anal intercourse. Gender-age differentials In some jurisdictions (such as Indonesia ), there are different ages of consent for heterosexual sexual activity that are based on the gender of each person. In countries where there are gender-age differentials, the age of consent may be higher for girls—for example in Papua New Guinea, where the age of consent for heterosexual sex is 16 for girls and 14 for boys, or they may be higher for males, such as in Indonesia, where males must be 19 years old and females must be 16 years old. There are also numerous jurisdictions—such as Kuwait and the Palestinian Territories —in which marriage laws govern the gender-age differential. In these jurisdictions, it is illegal to have sexual intercourse outside of marriage, so the de facto age of consent is the marriageable age. In Kuwait, this means that boys must be at least 17 and girls at least 15 years old. Position of authority/trust In most jurisdictions where the age of consent is below 18 (such as England and Wales), in cases where a person aged 18 or older is in a position of trust over a person under 18, the age of consent usually rises to 18 or higher. Examples of such positions of trust include relationships between teachers and students. For example, in England and Wales the age of consent is 16, but if the person is a student of the older person it becomes 18.
Circumstances of the relationship In several jurisdictions, it is illegal to engage in sexual activity with a person under a certain age under certain circumstances regarding the relationship in question, such as if it involves taking advantage of or corrupting the morals of the young person. For example, while the age of consent is 14 in Germany and 16 in Canada, it is illegal in both countries to engage in sexual activity with a person under 18 if the activity exploits the younger person. Another example is in Mexico, where there is a crime called "estupro" defined as sexual activity with a person over the age of consent but under a certain age limit (generally 18) in which consent of the younger person was obtained through seduction and/or deceit. In Pennsylvania, the age of consent is officially 16, but if the older partner is 18 or older, he/she may still be prosecuted for corruption of minors if he/she corrupts or tends to corrupt the morals of the younger person.
Extraterritoriality
A growing number of countries have specific extraterritorial legislation that prosecutes their citizens in their homeland should they engage in illicit sexual conduct in a foreign country with children. In 2008, ECPAT reported that 44 countries had extraterritorial child sex legislation. For example, PROTECT Act of 2003, a federal United States law bans sexual activity by its citizens with foreigners or with U.S. citizens from another state, if the partner is under 18 and the activity is illegal under the federal, state, or local law. This applies in cases where any of the partners travels into or out of the United States, or from one state into another, for the purpose of an illegal sexual encounter.
Initiatives to change the age of consent
https://thefrisky.com/sex-in-old-age
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https://en.m.wikipedia.org/wiki/Ages_of_consent_in_North_America
Legislative framework
In Mexico, criminal legislation is shared between the federal and state governments. The federal law establishes the age of 12 as the minimum age of consent, while the age at which there are no restrictions for consensual sexual activities is 18 (sex with someone 12-18 is not illegal per se, but can still be open to prosecution under certain circumstance…
Legislative framework
In Mexico, criminal legislation is shared between the federal and state governments. The federal law establishes the age of 12 as the minimum age of consent, while the age at which there are no restrictions for consensual sexual activities is 18 (sex with someone 12-18 is not illegal per se, but can still be open to prosecution under certain circumstances). Local state laws may override the federal law. In practice, the decision as to whether or not to prosecute is left to state authorities regardless of the younger person's age. At state level, the minimum ages of consent vary between 12 (and puberty in a few states) and 15, while the age at which there are no restrictions for consensual sexual activities vary from 16 to 18 (most common 18).
"Estupro"
Estupro is a crime existing across Mexico, as well as in other Latin American jurisdictions. Although the definitions vary by state, it is usually defined as sexual conduct with a child who has reached the minimum age of consent but is under 18 (16 or 17 in some states) when the consent of the child is obtained by seduction and/or deceit. For instance the law of Aguascalientes reads: "El estupro consiste en realizar cópula con persona mayor de doce y menor de dieciséis años de edad, obteniendo su consentimiento por medio de seducción o engaño." (translation: Estupro consists in copulating with a person over twelve and under sixteen years old, obtaining his/her consent through seduction or deceit). Traditionally, estupro applied only to ac
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Sex Age
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