age of consent & criminal liability

AGE OF CONSENT & THE AGE OF CRIMINAL LIABILITY FOR JUVENILE SEX OFFENDERS ©1996

age of criminal liability
age of consent
Sex offenses by juveniles

Abstract: What is a realistic role for criminal law in the reaction to juvenile sex offenders? To answer this question we have to know what the definition is of juvenile sex offenders and whether or not every juvenile offender has criminal liability. In this regard I have examined psychological theories. It appears that there are no clear indications in any of these theories that a general minimum age exists as such that would make it pointless to prosecute an offender. Since there is no behavioral theory that indicates that the re-educational task of criminal law should be withheld from minors, I conclude that the discussion about whether there should be a minimum age with regard to criminal liability is not so useful. Important is the conclusion that the age of the offender is not a reason to withhold a criminal law reaction. Criminal law is the only just means for stipulating wrongdoing and the condemnation of sex offenders. Otherwise, the offender and his family would be encouraged in their denial and minimization. Without age restrictions with regards to the offender, the juvenile criminal court could react more effectively to concrete sexual offenses in the individual cases. Criminal law, not a civil Child Protection Act, should have an important role in giving conditions for a long term compulsory treatment for juvenile sex offenders.

I. Introduction

It is an universal principle that juvenile offenders are treated differently from adult offenders.⁽¹⁾ The goal for any reaction by the juvenile justice system to offenses committed by juveniles should be to ensure that there is less chance that these juveniles will re-offend. In Europe we were shocked by the incident with Jamie Bulger. This four year old English boy, was stoned to death by two boys age eight and ten. As a reaction to these kind of cruelties committed by young juvenile offenders it was reconsidered whether or not the criminal law system should have a role in the reaction to these youngsters. An important question, the question of the `age floor’ is than: “At which age a person can be held liable under criminal law for his actions? And if so what would be the appropriate reaction?”

NEWS: The two convicted murderers Jon Venables and Robert Thomson will be released from prison in February 2001. The two juveniles who killed James Bulger in 1990 are both eighteen now. The Supreme court of England considered October 26th, 2000 that de boys should be released because they have served the minimum imprisonment for this crime and prolonging of imprisonment would mean transporting the boys to an adult prison.

To discuss these questions I will give a survey of ages of criminal liability in the course of history. No age of criminal liability and responsibility -nor an age of consent- has proven to be the one and only. I will also note some facts from psychological knowledge about more effective methods of reaction. Later I will make some remarks about sex offenses in criminal law and about the impact these have on juveniles who are starting to explore their sexuality. At the end of the discussion I will take the position that the criminal law has a very important task in responding to sex offenses committed by minors.

II. The various ages of criminal liability

The age of criminal liability diverges in different places and in the course of time. In most countries the age reference date is the moment that the alleged offense was committed. In the past many different age limits have been in force. In ancient times minors where not seen as a special group of human beings and therefore treated as adults. Nevertheless, in the 5th century, youth was used as grounds for exclusion from criminal prosecution.⁽²⁾ In Grotius’ time (17th century) a person was declared of age at 12 years for girls and 15 for boys. The French Code Pénal, which has had great influence on many criminal law systems in both Europe and America did not have a minimum age of criminal liability.

Nowadays three different approaches exist in the Western world. One approach is of setting a special minimum age of criminal liability & responsibility. This is what the Convention on the Rights of Children stipulates in article 40 part 3 sub a. The article requires that State Parties to the Convention establish a minimum age below which children shall be presumed not to have the capacity to infringe the penal law. In most societies this age is around twelve years of age. The other approach is to let criminal liability depend on the answer to the question whether the minor has acted with sufficiently intellectual and emotional maturity to understand the wrongfulness of his behaviour or not.

A number of states know absolute age-based minimums and discretionary jurisdiction for youths between certain ages, such as 7 to 13. In this age range, a youth may rely on the immaturity defense if it cannot be proven that he had sufficient mental capacity to appreciate the consequences of the act charged.⁽³⁾

From 1811 to 1886 when the Code Pénal was in force in the Netherlands, and in the period 1901 to 1965 this country did not have a minimum age.⁽⁴⁾From 1965 to the present the minimum age limit is set at 12 years. Special juvenile procedures and sanctions are applicable till age 18, and in exceptional circumstances age 21. In North America, the minimum age of juvenile court jurisdiction varies from 6 to 12, with many states setting the lowest age of criminal responsibility at 10. Canada has a minimum age of 12.⁽⁵⁾ In some other countries there is no statutory minimum age. There it must be established in each case that the juvenile in question displayed sufficient intellectual and emotional maturity to justify a criminal conviction.

III. Upbringing and criminal liability

The discussion of having a minimum age or not and, if so, which minimum age, was concentrated on the question which reaction to wrongdoing would be the most effective for prevention of re-offending.⁽⁶⁾ To punish is a way of upbringing so it is a choice between upbringing by the parents and upbringing by means of criminal penalty.⁽⁷⁾ Psychologists have proved that upbringing is most effective if done by loving and caretaking parents. On the other hand, committing criminal offenses by juveniles is an indication that the upbringing has not been completely successful. Therefore it has been argued that from the moment the upbringing is influenced by people other than the parents – the moment children go to High school – it would be the most suitable time to activate criminal law enforcement if indicated. The entrance of High school, around the age of 14, is a stage of development in childhood in which the bonds with parents are loosened and as such the right moment to put more personal responsibility on the juvenile. Note that this age in general is also the start of puberty.⁽⁸⁾

In the Netherlands, Menke Bol studied if the assumption is correct that below a certain age children are not yet sufficiently developed to be able to bear criminal responsibility, and the principle of reproachable guilt would therefore not apply to them.⁽⁹⁾ It appears that there are no clear indications in any of the psychological theories that a general minimum age exists as such that would make it pointless to prosecute an offender.

– In the cognitivistic approach, no specific age can be designated at which a person has reached a certain level of development such that he can be considered susceptible to criminal liability.

– The psychoanalytic theory also knows no particular age at which the transition to the next phase is necessarily completed.

– According to the social learning theory there is no specific age at which a person develops the capacity to learn.

– Nor does the personality approach give an age at which the personality is considered matured.

The author concludes that it is not possible to indicate a certain age at which people become morally sufficiently developed to be held (fully or partly) responsible for their deeds.⁽¹⁰⁾ Because no chronological age can be indicated, Bol argued in 1991, it is preferable that the judge – not the legislator – determines in each individual case to what degree the suspect can be held responsible.⁽¹¹⁾ Another argument she gives for abolishing the Dutch minimum age limit (for criminal liability) is: `precisely for the instillment of a sense of guilt and responsibility, punishment itself is an indispensable instrument. It is logical and most intelligible for the person being punished, that the punishment of criminal behaviour from a young age on is applied on the basis of criminal law rather than civil law or welfare work.’⁽¹²⁾

IV. Conditions of the penalty

Article 37 sub c of the Convention on the Rights of the Child states that every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person and in a manner which takes into account the needs of persons of her or his age. Criminal prosecution and punishment therefore do not have to be cruel; it is reasonable to respond leniently to a juvenile offender but it has to be very clear that a social norm has been violated and society does not accept this.

If we really want to take into account the needs of the minor, the penalty should have to meet some conditions.

1. The reaction should not be too mild, because if punishment begins at a very low level of intensity and gradually increases, it may evoke new criminal behaviour rather than suppress it; this is the opinion of some psychologists.⁽¹³⁾

2. I would like to add that dismissing the case of a first offender could evoke new criminal behaviour also.

3. It should stress the re-education of harmonious behaviour to society(rules) which, in my opinion, will include improving the level of social skills. Lack of social skills can result in loss of commitment, attachment, involvement and beliefs in society which, for the criminologist Hirschi, is the main reason individuals start offending.

4. Another condition for the penalty should be that it is implemented as soon as possible after the offense.

5. It should be a rule that it is explained why the act of the offender is wrong and why he will be punished.

6. Last but not least there should be a relation between offense and penalty. The correlation between the two should be both the severity⁽¹⁴⁾ and the re-educational aspect of the penalty.

To meet the needs of these conditions, understanding of what precisely sex offenses committed by juveniles are is necessary, therefore I will concentrate my discussion on sex offenses committed by juveniles now.

V. Sex offenses committed by juveniles

In order to pursue a sound argument, it is important to know that sexual offenses in different countries are defined differently. Therefore the following is a survey of these offenses.

– In almost every country, touching the genitalia of another person for a sexual purpose is a criminal offense unless the other person freely consents.

– Sexual intercourse is everywhere a crime if one person is forced to submit.⁽¹⁵⁾ In different societies there are differences about whether rape is possible within marriage.

– Sexual intercourse with a child below a certain age -(the age of consent)-, is in most jurisdictions an offense even if the child had allegedly consented to.

– In some states, there is a statutory minimum age for certain types of sexual offenses. A juvenile below a specified age is regarded as legally incapable of committing such an offense. In New York State it is always an offense, for instance, if an offender of 15 years has a consensual sexual relation with a person 13 years of age. In Canada the offender has to be at least 16 years of age at the time of acting before he or she can be charged.

– In some jurisdiction the sex of the offender also plays a role in determining whether the act is a criminal act or not. A male, regardless of his age, who is involved in consensual sexual relations with a female under a specific age commits a crime, even if the male is of the same age or younger. However it may not be an offense for a female over an age of 18 to engage in sexual relations with a male under that age.⁽¹⁶⁾

– In several American states as well as in many European countries, individuals who engage in private consensual homosexual acts are guilty of an offense.⁽¹⁷⁾ In other countries such as Canada individuals under the age of 18 who have consensual anal intercourse are guilty of an offense.⁽¹⁸⁾ In 1993 the European court of Human Rights decided that the existence of the prohibition of homosexuality continuously and directly affects a citizen’s private life and therefore is a breach of Article 8 of the European Convention on Human Rights.⁽¹⁹⁾

In my opinion the sexual offenses should meet the following conditions.

1. If in a sexual contact one or more of the parties do not agree to it, it should be an offense. In that perspective, rape as described as sexual intercourse without the consent of both parties should be prohibited.

2. If there is some sort of force, threat or other clear action that stimulates a person to do something he or she would not do without these means, it should also be considered a sexual offense.

3. If two or more persons commit a consensual sexual act where every party agrees, it should be free from the threat of criminal prosecution. For decriminalization it is important to know which sexual acts are not determined as neurological illness by the DSM-IV norm.⁽²⁰⁾ Homosexuality is nowadays not determined as an illness, nor is sex between children. This means that children having consensual sexual contacts together should be accepted. If in a society homosexuality is accepted for adults it should equally apply for juveniles as well.

VI. Criminal prosecution of juvenile sex offenders?

As a community we have the task to give a framework for what acts are accepted and what individual acts – no matter what age of the offender – are unacceptable. It is in the interests of both society and the individual that each person learns as early as possible what his family, peers and other members of the community expect of him. I have said that it seems to be more effective if a caring and loving close person corrects the offender, but indeed if an individual commits an offense at least internalization of right and wrong has failed. Without wanting to blame parents there seems to have been a shortcoming in the upbringing. Let the criminal law, criminal liability and prosecution then have a role in the upbringing in societal norms.⁽²¹⁾

For the juvenile it is more clear that he violated an important social norm if been penalized in a criminal trial than to be punished by a civil child protection measure. The latter must not be used for something else than protecting the child against his parents. To use a child protection act to punish the juvenile offender is an abuse of that competence and would also be less educative to the minor. Treating a juvenile sex offender as a non-criminal would encourage the offender and his family in their denial and minimization of harmful sexuality.⁽²²⁾

In different times and different places, more than one approach has evolved towards the question of the age of criminal liability. Very likely, one approach is no better than an other and, if so, any age limit is arbitrary. As I said before according to some psychologists it is not possible to indicate a certain age at which people become morally sufficiently developed to be held (fully or partly) responsible for their deeds. This could lead to the conclusion of abolishing the age floor. If there are nevertheless reasons to have an age under which juveniles is irrefutable presumed to lack criminal capacity that can be accepted. For me the question -What to do with the juveniles who bear criminal liability for their deeds?- is more important to be answered.

VII. Conditions for the criminal law reaction towards juvenile sex offenders

1. We should look for effective ways to distinguish between deviant sexual development and child development where they explore kinds of sexual behaviour in order to find their own harmonious sexual drive without anyone feels victimized to the act of the juvenile.

2. The juvenile sex offender has to be shown that his acts are not acceptable. Demarcation behaviour has to be done both in cases of first offending and in cases of less harmful behaviour, such as exhibitionism. I propose that it is reasonable that every child that has passed the age floor will be confronted with a criminal charge of their sexual offense.

3. After conviction the juvenile should not be sentenced to incarceration without treatment because this only strengthens the loss of commitment with society and will encourage future sexual offenses. The offender should be `punished’ by a sentence to immediately specialized compulsory (but not necessary residential) treatment.⁽²³⁾ In this programm there should be no taboo on talking about sex (offenses). The sanction should be focused solely on rehabilitation of the offender, and within that on diminishing the risk of recidivism. The goal is to let the offender get on control of his unacceptable urge.

4. Sex offenses are seen by most psychologists as the result of a mental illness. Although the reaction will be focused on cure or at least on improvement of controlling the urge to commit sex offenses, the result in most cases is not that the urge completely disappears. Herein I find an argument for labelling and continuing monitoring after release of treatment over a period of several years. For the more psychological distressed persons it is the only way in order to help them to avoid re-offending. This check by labelling, and registration in a legal database is in my opinion more justified within the framework of criminal law than in civil law.⁽²⁴⁾

VIII. Conclusion

Article 40 of the Convention on the Rights of the Child states that a variety of dispositions shall be available such as educational and vocational training programmes and other alternatives to institutional care, to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offense. As a society, therefore, we have the obligation to give judicial acceptable compulsory treatment to sex offenders in which they can learn to avoid re-offending. It is not the severity of the punishment that gives result but the clearness of the reaction. It is reasonable that the criminal law gives a clear reaction to juveniles starting age 12 years. For these children not incarceration but help by means of compulsory treatment is important to keep them from re-offending. Below this age floor it is acceptable if the parents continue the upbringing of a juvenile who committed a sexual crime. Hopefully the parents will ask for specialized treatment of the children but it is not justified to enforce this by asking for a child protection measure. Compulsory treatment of juvenile sex offenders is in my opinion only justified if sentenced by the criminal law system.

Notes See also Boelrijk’s thesis 1997.

1. See Article 40 of the Convention on the Rights of the Child, ratified by 190 nations (update 1998).

2. Lex Salica (5th century); according to this law, majority started at the age of 12, and therefore no special juvenile criminal law system was needed.

3. Bala (1993) p.27 `a number of states in the USA’.

4. 1811 -1886 Code Pénal; 1901 Dutch Criminal law (law of February, 12th, 1901, S 63) has been changed in 1965 (law of November 9th, 1961, S 402)

5. Germany: 14 years; England: 10 years; France: 13 years. In Scotland and Sweden offenders are corrected by civil law till age 15. The Rumanian Penal Code -which is a culmination of the 1910 French Penal Code and to a certain extent, the 1851 Prussian Code- has 14 years age limit. Between 14 and 16 years the condition of liability will be required, according to the Rumanian Penal Code. South Africa: under 7 years of age the child is irrefutably presumed to lack criminal capacity. Between the age of seven and fourteen, the child is refutably presumed to lack criminal capacity (see Snyman, C.R., Criminal Law (Strafreg), Durban 1982, p.168).

6. Sheldon and Eleanor Glueck, One thousand juvenile delinquents, p.96: `It is obvious that some organized attempt must be made to cope with the anti-social behaviour of children as soon as it manifested itself. Treatment of offenders would be much easier, if the process began nearer the time, when misbehaviour first revealed itself.’

7. Opinions of Dutch criminal law professors, Glastra van Loon (1961): The parents should raise their children. Only if they have proven incapable of raising children and the juvenile is threatened with physical or moral ruin would child protection acts be reasonable. Hazewinkel-Suringa (1961): as early as possible a short, sharp reaction by the criminal system is best. More recently Bartels and Fokkens stated that punishment can be an element of a pedagogic approach. Bartels, J.A.C. en J.W. Fokkens, Het jeugdstrafrecht in discussie, Proces, jrg. 56, nr. 7/8, juli/augustus 1977, p.167-176, m.n. p.170.

8. Puberty -although not strictly defined by psychologists- is the period between approximately 12 and 18 years of age.

9. Bol, Menke W., Leeftijdsgrenzen in het Strafrecht, bezien vanuit de ontwikkelingspsychologie. Arnhem 1991, Gouda Quint.

10. Bol (1991) p. 146.

11. Bol (1991) p. 136.

12. Bol (1991) p. 148.

13. Bol (1991) p. 106 and 129.

14. See Bartels, Han, and Jan Watse Fokkens, Het Jeugdstrafrecht in discussie, Proces nr.2 februari 1976, p.23-34. With a reference to Denkers, F.A.C.M., Criminologie en Beleid, diss. Nijmegen 1975.

15. It is known as rape, sexual assault, and aggravated sexual assault.

16. Michael M. v. Superior Court, 450 U.S. 464 (1981).

17. Rumania appears to still have an active prosecution policy of homosexuals.

18. Bowers v. Hardwick 478 U.S. 186 (1985). In Canada a trial judge has ruled that Canada’s Charter of Rights requires that the age of consent for anal intercourse should be the same as for any other sexual act, namely 14 (R. v. C.M, 75 Canadian C.C. (3d) 556 (Ontario General Division) (1992). In former days homosexuality for minors was prohibited in the Netherlands.

19. Modinos v. Cyprus, European court of Human Rights 22 April 1993 Series A: 259.

20. American Psychiatric Association, (1994), Diagnostic and Statistical Manual of Mental Disorders, (DSM-IV).

21. See also Bol (1991) p.107. (A different opinion: R.W. Jongman.)

22. National Adolescent Perpetrator Network (1988), assumption 127.

23. Barbaree (1993) p. 243-263.

24. see Hazewinkel-Suringa (1936) p. 330. and (1961) p. 268, also Barbaree (1993) p. 251.

The Dutch sexual offenses are published by Empathy.NLaw
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Age of Consent in perspective of prosecution of juvenile sex offenders.

Country		Male-Female Sex	Male-Male Sex	Female-Female Sex
Afghanistan		18/Married	Illegal	Illegal
Albania		14	14	14
Algeria		16	Illegal	Legal
American Samoa		15?	15?	15?
Andorra		16	16	16
Angola		12/15	Illegal	Illegal
Antigua and Barbuda		16	16	16
Argentina		13/16	13/16	13/16
Armenia		16	16	16
Aruba		16	16	16
Australia	ACT	16	16	16
Australia	NSW & Norfolk Is.	16	16	16
Australia	NT	16	16	16
Australia	Queensland1	16/18	18	16
Australia	SA	17	17	17
Australia	Tasmania	17	17	17
Australia	Victoria	16	16	16
Australia	WA	16	16	16
Austria2		14/16	14/16	14/16
Azerbaijan		16	16	16
Bahamas		16	18	18
Bahrain		16/Married	Legal	Legal
Bangladesh		?	Illegal	Illegal
Barbados		18 (but 16 if married)	Illegal	Illegal
Belarus		16/18	16	16
Belgium		16	16	16
Belize		16	Illegal	Legal
Bermuda		16	18	16
Benin		?	Legal	Legal
Bhutan		18	Illegal	Illegal
Bolivia		14f/16m(must be married)	16	16
Bosnia		16	16	16
Botswana		16f/14m	Illegal	Illegal
Brazil3		14/18	14/18	14/18
Brunei		16/18	Illegal	Legal
Bulgaria		14	14	14
Burkina Faso		13	13	13
Burma/Myanmar		16/18	Illegal	Legal
Burundi		18	Illegal	Illegal
Cambodia (Kampuchea)		16	?	?
Cambodia		16	16	16
Cameroon		21 (but 18 if married)	Illegal	Illegal
Canada4		16/18	18	16
Cape Verde		?	Legal	Legal
Cayman Islands		?	?	?
Central African Republic		?	Legal	Legal
Chad		?	21	21
Chile		14	18	18
China		14	14	14
China – Hong Kong		16	16	16
China – Macao		16/17	?	?
Colombia		14	14	14
Cook Islands		16	Illegal	16
Costa Rica		18	18	18
Cote D’Ivoire		15	15?	15?
Croatia		14	14	14
Cuba		16	16	16
Cyprus		13/17	17 (Illegal in north)	17
Czech Republic		15	15	15
Democratic Republic of the Congo		?	Illegal	?
Denmark5		15	15	15
Dominica		16	?	?
Dominican Republic		18	18	18
Dutch Antilles		16	16	16
Ecuador		14	14	14
Egypt		18	Illegal	18
El Salvador		18	?	?
Equatorial Guinea		?	?	?
Eritrea		18	Illegal	Illegal
Estonia		14	14	14
Ethiopia		15	Illegal	Illegal
Falkland Islands (Malvinas)		16	16	16
Faroe Islands		15	15	15
Fiji		16	16 (unofficial)	16
Finland6		16	16	16
Former Yugoslav Republic of Macedonia		16	16	16
France		15	15	15
French Guiana		15	15	15
French Polynesia (Tahiti)		16	16	16
Gabon		18	18	18
Gambia		16	Illegal	?
Georgia (country)		16	16	16
Germany7		14/16	14/16	14/16
Ghana		16	Illegal	Illegal
Gibraltar		16	18	16
Greece		15	15/17	15
Greenland		15	15	15
Grenada		17	Illegal	17
Guam		16	16	16
Guadelope		15	15	15
Guatemala		18	18	18
Guernsey		16	16	16
Guinea		15	Illegal	Illegal
Guyana		16	Illegal	16
Haiti		18	18	18
Honduras		14/17	14	14
Hungary		14	14	14
Iceland		15	15	15
India8		14/16	18	18
Indonesia		16f/19m	18	18
Iran		Must be married	Illegal	Illegal
Iraq		18	?	?
Ireland		17	17	17
Isle of Man		16	16	16
Israel		14-16	14-16	14-16
Italy		14	14	14
Jamaica		16	Illegal	16
Japan9		13-18	13-18	13-18
Jersey		16	16	16
Jordan		16	16	16
Kazakhstan		18	?	?
Kenya		18	Illegal	18
Kuwait		Must be married?	Illegal	Illegal
Kyrgyzstan		?	?	?
Laos		15	?	?
Latvia		14/16	14/16	14/16
Lebanon		15/18/Married	Illegal	Illegal
Lesotho		?	?	?
Liberia		16	Illegal	Illegal
Liechtenstein		14	14	14
Lithuania		14	14	14
Luxembourg		16	16	16
Madagascar		21?	21	21
Mali		16	?	?
Malta		18	18	18
Malaysia		16/Married	Illegal	16
Marshall Islands		16	16	16
Martinique		15	15	15
Mauritius		15	Illegal	Illegal
Mexico10		12-18	12-18	12-18
Moldova		14	14	14
Monaco		15	15	15
Mongolia		16	?	?
Montenegro		14	14	14
Morocco		15	Illegal	Illegal
Mozambique		?	Illegal	?
Namibia		16	Illegal	16
Nepal		16	?	?
Netherlands		16	16	16
Netherlands Antilles		16	16	16
New Caledonia		16	16	16
New Zealand		16	16	16
Nicaragua		?	?	?
Niger		?	21	21
Nigeria		13	Illegal	Illegal
North Korea		17	17 (unofficial)	17 (unofficial)
Norway		16	16	16
Oman		Must be married	Illegal	Illegal
Pakistan		Must be married	Illegal	Illegal
Panama		18	18	18
Papua New Guinea11		16f/14m/Illegal	Illegal	16
Paraquay12		14/16	16	16
Peru		14	14	14
Philippines		18	18	18
Poland		15	15	15
Portugal14		14/16	14/16	14/16
Puerto Rico1		14	14	14
Qatar		Must be married	Illegal	Illegal
Reunion		16	16	16
Romania		15	15	15
Russia		16	16	16
Rwanda		18	18	18
San Marino		14/16	14/16	14/16
Saudi Arabia		Must be married	Illegal	Illegal
Senegal		?	Illegal	Illegal
Serbia		14	14	14
Singapore		16	Illegal	16
Slovakia		15	15	15
Slovenia		15	15	15
Somalia		?	Illegal	Illegal
South Africa2		16	16	16
South Korea		13	13	13
Spain		13	13	13
Sri Lanka		16	Illegal	16
St. Kitts and Nevis		14/16	?	?
St. Lucia		16	16	16
St. Martin		?	?	?
Sudan		Must be married	Illegal	Illegal
Suriname		16	18	18
Sweden		15	15	15
Swaziland		18	Illegal	Illegal
Switzerland		16	16	16
Syria		13/15	Illegal	Illegal
Taiwan		16	16	16
Tajikistan		17	?	17
Tanzania		18	Illegal	Illegal
Thailand15		18	18	18
Togo		14	Illegal	Illegal
Tonga16		16/Illegal	Illegal	16
Trinidad & Tobago		16	Illegal	Illegal
Tunisia		20	Illegal	Illegal
Turkey		18	18	18
Turkmenistan		16	Illegal	16
Tuvalu		?	Illegal	?
Uganda		18	Illegal	18
Ukraine		16	16	16
United Arab Emirates		18/Married	Illegal	Illegal
United Kingdom		16	16	16
Uzbekistan		16	Illegal	16
Uruguay		15	15	15
Vanuatu		16	16	16
Vatican State		12	?	?
Venezuela		16	16	16
Vietnam		18	18	18
Western Samoa		16	Illegal	Illegal
Yemen		Must be married	Illegal	Illegal
Zambia		?	Illegal	?
Zimbabwe		12/16	Illegal	12/16
USA	Alabama	16	16	16
USA	Alaska	16	16	16
USA	Arizona	18	18	18
USA	Arkansas17	14/16	14/16	14/16
USA	California	18	18	18
USA	Colorado17	15/17	15/17	15/17
USA	Connecticut	16	16	16
USA	D.C.	16	16	16
USA	Delaware17	16/18	16/18	16/18
USA	Florida17	16/18	16/18	16/18
USA	Georgia	16	16	16
USA	Hawaii	16	16	16
USA	Idaho	18	18	18
USA	Illinois	17	17	17
USA	Indiana17	14/16	14/16	14/16
USA	Iowa17	14/16	14/16	14/16
USA	Kansas	16	16	16
USA	Kentucky	16	16	16
USA	Louisiana17	17	17	17
USA	Maine	16	16	16
USA	Maryland	16	16	16
USA	Massachusetts	16	16	16
USA	Michigan	16	16	16
USA	Minnesota	16	16	16
USA	Mississippi	16	16	16
USA	Missouri	17	17	17
USA	Montana	16	16	16
USA	Nebraska	17	17	17
USA	Nevada	16	18	18
USA	New Hampshire	16	16	16
USA	New Jersey	16	16	16
USA	New Mexico	17	17	17
USA	New York	17	17	17
USA	North Carolina17	16	16	16
USA	North Dakota	18	18	18
USA	Ohio	16	16	16
USA	Oklahoma	16	16	16
USA	Oregon	18	18	18
USA	Pennsylvania	16	16	16
USA	Rhode Island	16	16	16
USA	South Carolina	16	16	16
USA	South Dakota	16	16	16
USA	Tennessee	18	18	18
USA	Texas17	17	17	17
USA	Utah17	16/18	16/18	16/18
USA	Vermont	16	16	16
USA	Virginia	18	18	18
USA	Washington17	16/18	16/18	16/18
USA	West Virginia	16	16	16
USA	Wisconsin	18	18	18
USA	Wyoming17	16/18	16/18	16/18
USA	Travelling citizens18	12/16	12/16	12/16
USA	Military personnel19	16	Illegal	Illegal
Average age*		16	16	16

Criminal law References

1. Código Penal De Puerto Rico (2004)
2. Criminal Law (Sexual Offences and Related Matters) Amendment Act(pdf) (2007)

Notes
If more than one age is given then the law within that country or state varies according to region or circumstances. In particular, some countries have regional laws that may overrule the federal law. Also in some cases the age of consent is lower when partners are of a similar age. Where the symbol ? is used, information is either incomplete or unavailable.

In some countries the age of consent is higher for those taking part in commercial sex. In many countries the age of consent is higher when one partner is in a position of trust with regard to the other, or when one partner takes advantage of the other’s immaturity. Age of consent laws often do not apply when the partners are married.

In this table, male-female sex is defined as vaginal or anal sex, and male-male sex is defined as anal sex. In some places the age of consent law applies to any sexual contact.

* The average age of consent does not include countries where it is illegal.

1. In Queensland, the legal age of consent for anal intercourse is 18 (regardless of gender), while for vaginal intercourse it is 16.
2. Although the Austrian age of consent is basically 14, it is illegal to have sex with someone under 16 by “exploiting their lack of maturity”.
3. In Brazil, authorities may not choose to prosecute if the younger partner is aged 14 to 17 and does not lodge a complaint.
4. In Canada, unmarried persons under 18 cannot legally consent to anal sex according to national law, although provincial laws may vary.
5. In Denmark, sexual intercourse is legal from the age of 15 in most cases. An exception is when the younger partner is an adopted child, step-child, foster child or the older person is entrusted with  the education or upbringing of the younger person. In this situation, the younger partner must be over 18.
6. In Finland, sex with someone under 16 is not deemed sexual abuse of a child if “there is no great difference in the ages or the mental and physical maturity of the persons involved.” Similarly in Norway, a prison sentence may not be imposed “if those who have committed the act of indecency are about equal in age and development.” In both countries, lesser punishments may nevertheless be imposed.
7. In Germany, sexual intercourse is legal from the age of 14 in most cases. An exception is when the older partner is aged over 18 and is “exploiting a coercive situation”, where compensation is offered, in return for sex, in which case the younger person must be aged over 18 years. In addition, it is illegal for someone aged over 21 to have sex with someone under 16 if they “exploit the victim’s lack of capacity for sexual self-determination”.
8. India’s age of consent for heterosexual sex is 16 except in Manipur, where it is 14. If the partners are married then a lower age of consent applies (13 in Manipur and 15 elsewhere). A law banning “carnal intercourse against the order of nature” was overruled in a Delhi High Court ruling, meaning that consensual homosexual activities between adults are now legal. A full copy of the descision can be found on the Naz Foundation
9. Although the age of sexual consent in Japan is 13 years of age, prefecture law usually overrides federal law, raising the age up to 18.
10. In Mexico the federal law varies according to the age gap between partners and is often overruled by regional laws.
11. In Papua New Guinea, anal sex is illegal in all cases. The age of consent for vaginal sex is 16 for females and 14 for males.
12. Paraguay sets the age of consent at 14 within marriage and 16 outside of marriage.
13. The age of sexual consent in the Philippines is 12 for all, but contacts with minors (under 18) are an offence if the minor consents to the act for money, gain or any other remuneration or as the result of an influence of any adult person.
14. In Portugal it is illegal to perform a sexual act with a minor between 14 and 16 years old “by taking advantage of their inexperience”.
15. Although Thailand’s age of consent is usually said to be 15, the laws can be interpreted to allow prosecution for sex with someone under 18. Due to this, we have stated 18 as the age of consent.
16. Anal sex is illegal in Tonga regardless of age and gender.
17. In some U.S. states a lower age applies when the age gap between partners is small, or when the older partner is below a certain age (usually 18 or 21).
18. It is illegal for an American citizen or resident to have sex in another country with someone aged under 16, unless the age difference is less than 4 years, in which case the minimum age is 12.
19. Under some circumstances it is possible for members of the U.S. military to also be charged under state laws.

Disclaimer If you know that the age of consent in your country differs from that given above, and if you can supply good references to prove it, then please contact us. This page is intended for educational purposes only and should not be used to inform personal decisions. If you are in any doubt about the age of consent law in your region then please seek expert legal advice. Contact the publisher or order your database login