What is the Age of Consent?
When a person is deemed to be of legal age to consent to sexual actions, that age is known as the age of consent. As a result, an adult who has sex with someone who isn’t old enough to consent cannot argue that the relationship was consensual; instead, the behaviour may be construed as statutory rape or child sexual abuse. Although some countries make allowances under “Romeo and Juliet legislation” if one or both participants are young and are close in age, the minor person is deemed the victim and their sex partner the perpetrator.
The age of consent around the world varies from 11 to 21, but the most common ages range from 14-16, according to the World Population Review.
When was it first recorded?
The Statute of Westminster 1275 made it illegal to “ravish” a “woman within age,” with or without her consent, as part of its anti-rape measures, making it the first age-of-consent statute in history. The legal scholar Sir Edward Coke (England, 17th century) later defined the phrase “within age” to indicate the age of marriage, which at the time was twelve years old.
How do traditional societies measure the Age of Consent?
In traditional societies, the 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.
Age of consnt laws was 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.
Who first legalise the Age of Consent?
In a 1614 official legal document (The Suprema) from the Madrid Central Council of the Inquisition, it was stated that in 17th-century Spain, “adults” were defined as “women over twelve and men over fourteen.”
The minimum age for girls to engage in sexual activity was set at twelve years old in a small number of Italian and German states in the sixteenth century. End of the 18th century saw the enactment of such laws in other European nations. The first French Constitution, which was adopted in 1791, set the minimum age at eleven. The minimum age was initially set at ten to twelve years old by Portugal, Spain, Denmark, and the cantons of Switzerland.
Age of Consent around the World
under 16
- The lowest age of consent is in Nigeria (11) followed by the Philippines and Angola (12). The age of consent is 13 in four countries – Japan, Niger, Comoros and Burkina Faso.
- The countries where the age of consent is 14 include a number of South American countries: Brazil, Columbia, Peru, Paraguay, Ecuador, and Bolivia.
- The European countries where the age of consent is 14 include Germany, Italy, Portugal, Hungary, Austria, Serbia, Albania, Bulgaria, Estonia, and Montenegro.
- The age is also 14 in Bangladesh, China, Myanmar, Mauritius, Malawi, and Chad.
- The consent is slightly higher at 15 in France, Poland, Romania, Sweden, Czech Republic, Greece, Denmark, Iceland, and Slovenia, as well as in Thailand, North Korea, Cambodia, Costa Rica, and Uruguay.
16 plus
- In many nations throughout the world, including the majority of US states (with the remaining states ranging from 17 to 18), Canada, Russia, South Africa, Australia, and New Zealand, the consent is 16, similar to the UK.
- 16 in Spain, Ukraine, Belgium, the Netherlands, Switzerland, Finland, and Norway, all of which are located in Europe.
- The legal consent is 16 in Indonesia, Malaysia, Singapore, Israel, Jordan, Cuba, and Jamaica.
- The age of consent is 20 in South Korea and Nepal and is 21 in Bahrain.
Age of Consent in India?
India’s legal age is 18 years old. As a result, even if the sexual activity was voluntary, anyone who has intercourse with a person who is under the age of 18 may be prosecuted with statutory rape or other sexual felonies.
According to the Indian Criminal Code, engaging in sexual intercourse with a person under the age of 18 is punishable by imprisonment for a minimum of 7 years and a maximum of life in prison, depending on the details of the case.
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