Ages of consent in Europe
From Wikipedia, the free encyclopedia
The ages of consent for sexual activity vary by jurisdiction across Europe. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, for example homosexual relations or close in age exceptions may exist and are noted when relevant.
[edit] Andorra
The age of consent in Andorra is 16, as specified by Article 206, which reads: "Whoever, without violence or intimidation, has had a carnal relationship with a minor older than fourteen years and less than sixteen years will be punished by a maximum penalty of imprisonment of six years."
[edit] Austria
The age of consent in Austria is 14, as specified by Sections 206 and 207.
Austrian Criminal Code (in German)
[edit] History
The Austrian Criminal Code previously specified an age of consent of 18 for homosexual sex where the other partner was between 14 and 18, while no equivalent provision existed for heterosexual sex. Formerly Section 209 of the Criminal Code. In November 1996 an amendment was put before the Austrian Parliament which would have removed Section 209, however the vote ended in a draw and the amendment failed to pass. In July 1998 a similar amendment was put forward, however this time it was voted down by the conservative majority.
On 2002-06-24 the Austrian Constitutional Court ruled that Section 209 was unconstitutional. It was later repealed on 2002-08-14. Further, on 2003-01-09 the European Court of Human Rights delivered its judgment in the case of L & V v Austria it held Section 209 to be in violation of Article 8 in conjunction with Article 14 of the European Convention on Human Rights, even though by this time it had been repealed.
[edit] Belarus
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."
Belarus Criminal Code (in Russian) (relevant articles last changed by laws in May, 4th, 2005 - National register of legal acts of Byelorussia, 2005, № 74, 2/1112)
Provisionally english translation of the relevant articles of the Belarus Criminal Code
[edit] Belgium
The age of consent in Belgium is 16, as specified by Article 372, which reads: "All indecent assaults on modesty committed without violence or threat, by a person or by aiding the person, of a child of either sex, aged less than sixteen, will be punished by imprisonment (of five years to ten years)."
Belgian Criminal Code (in French)
[edit] History
The Belgian Criminal Code previously specified an age of consent of 18 for homosexual sex. This provision - Article 372(2) - was repealed in 1985.
[edit] Bosnia-Herzegovina
The age of consent in Bosnia-Herzegovina is 14. This is not expressly stated in legislation however, Article 207 (Sexual Intercourse with a Child) reads "Whoever performs sexual intercourse or equivalent sexual act on a child, shall be punished by imprisonment for a term between one and eight years" and Article 2(8) reads "A child, as referred to in this Code, is a person who has not reached fourteen years of age".
[edit] Bulgaria
The age of consent in Bulgaria is 14, as specified by Article 149. However Article 151(2) has a provision for those who are over 13 and do" not understand the characteristic or the importance of the act."
[edit] Croatia
The age of consent in Croatia is 14, as specified by the Croatian Criminal Code. NN 110 art 192 (1997) (in croatian)
[edit] Cyprus
The age of consent for "carnal knowledge"/"fornication" (penetration) in Cyprus is 17 for both heterosexual and homosexual acts. {Article 154} The Age of Consent for Woman/Boy anal intercourse is 13 years. No age limit for other contacts.
[edit] History
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 which would have abolished the ban. Strong opposition from the 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 strong pressure from the EU [citation needed] the Government finally ended the discriminatory provisions and changed the age of consent to 17 for both heterosexual and homosexual acts.
In regards to the Turkish Republic of Northern Cyprus [2]
[edit] Czech Republic
The age of consent in the Czech Republic is 15, as specified by the Czech Penal Code, Section 242, which reads: "A person who has sexual intercourse with a child under fifteen (15) years of age or who sexually abuses such a person by other way shall be sentenced to imprisonment for at least one and at most eight years."
[edit] History
Until 1961, homosexual acts were illegal. The new Penal Code, introduced in that year, decriminalised homosexual acts but specified an age of consent for such acts of 18. In 1990, this, and other discrepancies, were removed and the age of consent was reduced to 15, in line with heterosexual acts.
[edit] Denmark
The age of consent in Denmark is 15, as specified by Section 222, which reads: "Any person who has sexual intercourse with any child under the age of fifteen shall be liable to imprisonment for any term not exceeding eight years."
Danish Criminal Code (in Danish)
[edit] History
Male homosexual acts were legalised in Denmark after a major reform of the Penal Code in 1930, however the age of consent remained higher for heterosexual acts. In 1976, the age of consent was equalised at 15 for all acts.
[edit] Estonia
The age of consent in Estonia is 14, as specified by Section 145 (Sexual intercourse 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 3 years’ imprisonment."
[edit] History
Until 1992, male homosexual sex was illegal, the Estonian Penal Code, Article 118, forbidding "anal intercourse between men". In that year, the age of consent for male homosexual intercourse was fixed at 16, whereas the age for heterosexual intercourse was 14. The age of consent was not equalised until 2001 when the law was amended, specifying an age of 14 for sexual intercourse.
[edit] Finland
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."
[edit] History
Until 1971, homosexual acts were prohibited. After decriminalisation, the age of consent was set at 18 for homosexual acts, and 16 for heterosexual acts. In 1998, the age of consent was equalised to 16 for all sexual acts; although the Finnish Government had proposed an age of consent of 15, the Parliament chose an age of consent of 16 instead.
[edit] France
The age of consent in France is 15, as specified by Article 227-25, which reads: "The commission without violence, constraint, threat or surprise of a sexual offence by an adult on the person of a minor under fifteen years of age is punished by five years' imprisonment and a fine of €75,000."
See also French petitions against age of consent laws
[edit] History
Male homosexual acts were illegal until 1791 when the ancient sodomy laws were dropped from the Criminal Code of that year. This continued to be the case under the Napoleonic Code of 1810. In 1942, an age of consent for homosexual acts was set at 21, as opposed to the heterosexual equivalent of 13. The latter was increased to 15 in 1945. In 1978, the age of consent for homosexual acts was lowered to 18, and later, in 1981, it was further lowered to 15, in line with heterosexual acts.
[edit] Germany
The age of consent in Germany is 16, with a close in age exception for a couple between 14 and 21. Specified by Sections 176 (Sexual abuse of children) and 182 (Sexual abuse of youths), which read:
§ 176: "(1) Whoever commits sexual acts on a person under fourteen (14) years of age (a child) or allows them to be committed on himself by the child, shall be punished by imprisonment from six months to ten years [...]"
§ 182: "(2) A person over twenty-one years of age who abuses a person under sixteen years of age, in that he: 1. commits sexual acts on the person or allows them to be committed on himself by the person; or 2. induces the person to commit sexual acts on a third person or to allow them to be committed on the person by a third person, and thereby exploits the victim's lack of capacity for sexual self-determination, shall be punished with imprisonment for not more than three years or a fine. [..] the act shall only be prosecuted upon complaint, unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein. [..] the court may dispense with punishment pursuant to these provisions if , in consideration of the conduct of the person against whom the act was directed, the wrongfulness of the act is slight."
Relevant paragraph of the German criminal code (in the version of April, 1st 2004; last changed by a law in 2003.)
German Criminal Code (out of date)
[edit] Greece
The age of consent in Greece is 15 as specified by Section 339(1), which reads: "One who commits an indecent act with a person under fifteen years of age, or causes this person to commit or undergo such an act through deception, is punished as follows: a) if the victim is under ten years of age, with at least ten years confinement. b) if the victim has completed ten years of age, but is under thirteen years of age, with confinement of up to ten years. c) if the victim has completed thirteen (13) years of age, with imprisonment."
[edit] History
Male homosexual acts were legalised in Greece in 1951. Until 1987 the age of consent was 16 for heterosexual and lesbian acts and 17 for homosexual acts.
[edit] Hungary
The age of consent in Hungary is 14 as specified by Section 201 (Seduction), which reads: "The person who has sexual intercourse with a person who has not yet completed his 14th year, as well as the person who has completed his 18th year and engages in fornication with a person who has not yet exceeded his 14th year of age, commits a felony and shall be punishable with imprisonment from 1 to 5 years."
Hungarian Criminal Code (in Hungarian)
[edit] History
Until 1961 homosexual acts were illegal. After decriminilisation the age of consent for homosexual acts was 20 and remained so until 1978. From then until 1999 the age of consent for such acts was 18, as specified by Section 199. In 2002 the Hungarian Constitutional Court repealed Section 199 and the age of consent for homosexual acts was lowered to 14 in line with heterosexual acts.
[edit] Iceland
The age of consent in Iceland is 14, as specified by Section 202, which reads: "Anyone who has carnal intercourse or other sexual intimacy with a child younger than 14 years shall be subject to imprisonment for up to 12 years."
[edit] Ireland, Republic of
The age of consent in the Republic of Ireland is effectively 17. (Although acts which do not include "carnal knowledge" or acts between males may come under sexual assault which is set at 15 [citation needed] ). However, there are now plans to lower this to 16[1]
However part of the Statute dealing with heterosexual age of consent in Ireland (that relating to carnal knowledge of a girl under the age of fifteen years) was ruled unconstitutional by the Irish Supreme Court on 2006-05-24, on the grounds that there was no defence allowed on the basis of reasonable belief about the age of the girl, and so this section of the statute has ceased to have force. Link to court decision
On 2006-06-02 the government rushed emergency legislation, the Criminal Law (Sexual Offences) Bill 2006, through both houses of the Oireachtas. The legislation has been widely criticised as flawed, particularly in the way it discriminates against young boys who engage in underage sex. [3]
Criminal Law Amendment Act 1935: "Any person who unlawfully and carnally knows any girl who is of or over the age of fifteen years and under the age of seventeen years shall be guilty of a misdemeanour." {Section 2(1)} or attempts such an act {Section 2(2)}
Criminal Law Sexual Offences Act 1993: "A person who commits or attempts to commit an act of buggery with a person under the age of 17 years (other than a person to whom he is married or to whom he believes with reasonable cause he is married) shall be guilty of an offence." {Section 3}
"A male person who commits or attempts to commit an act of gross indecency with another male person under the age of 17 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years." {Section 4}
Criminal Law (Sexual Offences) Bill 2006 as passed by both Houses: "Any person who engages in a sexual act with a child who is under the age of 15 years shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment."
"Any person who engages in a sexual act with a child who is under the age of 17 years shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction on indictment— (a) to imprisonment for a term not exceeding 5 years, or (b) if he or she is a person in authority, to imprisonment for a term not exceeding 10 years."
"A female child under the age of 17 years shall not be guilty of an offence under this Act by reason only of her engaging in an act of sexual intercourse."
- Criminal Law (Amendment) Act 1935
- Criminal Law (Sexual Offences) Act 1993
- Criminal Law (Sexual Offences) Bill 2006 as passed by both Houses (pdf)
[edit] Italy
The age of consent in Italy is 14 years. With a close in age exception that reduces the minimum age to 13 if the participants' ages are less than 3 years apart. The age of consent if one of the participants has some kind of influence on the other is 16 (e.g. teacher, tutor, biological or adoptive parent). It is also illegal to allow a minor to witness sexual acts, even if they do not take an active part.
Wikisource Articles on Italian "Codice penale" (in Italian)
[edit] Latvia
The age of consent in Latvia is 16 with a close in age exception for those between 14 and 18. This is specified by the Latvian Criminal Law, Section 161 (Sexual Intercourse, Pederasty and Lesbianism with a Person who has not Attained the Age of Sixteen Years), which reads: "For a person who commits an act of sexual intercourse, or pederastic, lesbian or other unnatural sexual acts of gratification, with a person who has not attained the age of sixteen years and who is in financial or other dependence on the offender, or if such offence has been committed by a person who has attained the age of majority, the applicable sentence is deprivation of liberty for a term not exceeding four years."
[edit] History
Until 1992, male homosexual acts were illegal under Section 124.1 of the Latvian Criminal Code. This provision was repealed by the Latvian Parliament in 1992 and the age of consent for male homosexual acts was set at 18. In 1998, the Latvian Parliament adopted a new Criminal Code which contained a complex system of sexual offences: the age of consent for all sexual acts other than vaginal intercourse was 14; for vaginal intercourse it was 14 if the other person was under 18, and 16 if the other person was over 18. In 2001, the law was amended to clarify the situation and confirm that the age of consent was 14 (or 16 if the person was older than 18) for all acts.
[edit] Lithuania
The age of consent in Lithuania is 14, as specified by the Lithuanian Criminal Code §???[citation needed].
Lithuanian Criminal Code = Lietuvos Respublikos baudžiamasis kodeksas (in Lithuanian)
[edit] History
Until 1993, male homosexual acts were prohibited under the Lithuanian Penal Code, Article 1221, which was repealed in that year. The new law set an age of consent of 18 for male oral and anal intercourse, 16 for other male homosexual acts, and 14 for lesbian and heterosexual acts. In 2004, the law was amended to equalise the age of consent at 14 for all sexual acts.
[edit] Luxembourg
The age of consent in Luxembourg is 16, as specified by the Luxembourgish Penal Code, Article 372, which reads: "All indecent assaults on modesty committed without violence or threat, by a person or by aiding the person, of a child of either sex, aged less than sixteen, will be punished by imprisonment of five to ten years".
Luxembourgish Penal Code (in French)
[edit] Malta
The age of consent for "carnal knowledge" in Malta is 12, as specified by the Malta Criminal Code, Articles 198 and 201, which read: (Art 198) "Whosoever shall, by violence, have carnal knowledge of a person of either sex, shall, on conviction, be liable to imprisonment for a term from three to nine years, with or without solitary confinement."; and (Art 201) "Unlawful carnal knowledge and any other indecent assault, shall be presumed to be accompanied with violence - (a) when it is committed on any person under twelve years of age".
[edit] Netherlands
The age of consent in the Netherlands is 16, as specified by the Dutch Criminal Code, Articles 245 and 247, which read: (Art 245) "A person who, out of wedlock, with a person who has reached the age of twelve (12) but not yet sixteen (16), performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than eight years or a fine of the fifth category."; and (Art 247) "A person who, with a person whom he knows to be unconscious or physically unable to resist or to be suffering from such a degree of mental defect or mental disease that he is incapable or not sufficiently capable of exercising or expressing his will in the matter or of offering resistance, performs indecent acts, or who, with a person who has not yet reached the age of sixteen (16) years, out of wedlock, performs indecent acts, or by whom the latter is enticed into performing, or submitting to such acts, out of wedlock, with a third party, is liable to a term of imprisonment of not more than six years or a fine of the fourth category."
Dutch Criminal Code (in Dutch)
[edit] Norway
The age of consent in Norway is 16, as specified by the Norwegian General Civil Code §196 which reads: "Any person who commits or is accessory to another person's committing an act of indecency with any person who is under 16 years of age shall be liable to imprisonment for a term not exceeding five years."
The sexual act may not be punishable if those involved are of a "similar age or development".[citation needed]
[edit] Poland
The age of consent in Poland is 15, as specified by the Polish Criminal Code, Article 200 §1, which reads: "Whoever subjects a minor under 15 years of age to sexual intercourse or makes him/her submit to another sexual act or to perform such an act shall be subject to the penalty of the deprivation of liberty for a term of between 2 and 12 years."
Polish Criminal Code (in Polish)
[edit] History
Until 1932, homosexual acts were illegal, however in that year an age of consent of 15 was established for all sexual acts, be they hetero- or homosexual.
[edit] Portugal
The age of consent in Portugal varies depending on the acts performed; the age of consent is 14 for heterosexual acts, and 16 for homosexual acts, as specified by the Portuguese Criminal Code, Sections 172 and 175 respectively, the latter reading: "Whoever being of the age of majority, practices homosexual acts with minors of 14-16 years of age or incites other persons to such acts can be punished by imprisonment of up to 2 years or a fine."
[edit] History
Homosexual acts were legalised for the first time in Portugal in 1852, though they were recriminalised in 1912. They were decriminalised for the second time in 1945 and an age of consent was set at 16, as was the case with heterosexul acts. In 1995, a new Penal Code was introduced which lowered the age of consent for heterosexual acts to 14, but retained an age of consent of 16 for homosexual acts.
[edit] Romania
The age of consent in Romania for both heterosexual and homosexual acts is 15, as specified by the Romanian Criminal Code, Article 218 (Sexual intercourse with a minor), which reads: "Sexual intercourse, of any nature, with a person of the other sex or of the same sex, who has not reached the age of 15, shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights."
Having sex with a minor over the age of 15 until the age of 18 is statutory rape if the sexual act is done by two categories: I. The person abused his or her authority or influence over the victim or the victim's trust. II. The person is the tutor, curator, superviser, providing care, medication or education and using that capacity over the victim to gain consent.
[edit] Russia
The age of consent in Russia is set at 16. However, only a person over 18 can be charged. Charges are relatively low (up to 4 years of prison) this includes sexual acts (hetero– and homosexual) and "obscene actions" (with even less charges) – Articles 134 and 135 of Penal Code (in Russian) (IE only). It should be noted that if the victim is proved not to understand the nature and consequences of the act (due to their age or mental abilities), it will be considered rape and charged much more severely (up to 10 years of prison, or up to 15 if victim under 14) – Articles 131 and 132 of Penal Code (in Russian) (IE only).
[edit] Serbia
The age of consent in Serbia is 14. This applies to all groups. There is no specific legal stipulation stating what the actual age of consent is, however there are specific criminal offences referring to the lower age limit in The Penal code. This area is regulated by Chapter 12 (Crimes Agains Personal Dignity and Morality) of the Penal Code of the Republic of Serbia and especially Sections 106 (prohibiting "lude" acts with a person, not referring to gendersepcifically, under the age of 14) and 110 (prohibiting "lude" acts with a male person under the age of 14).
[edit] History
Between 1977 and 1994, sexual acts between men of any age was a criminal offence in Serbia, although the law has never been applied. This law has since been changed and this area is regulated by the section 110 of the Penal Code of the Republic of Serbia stating that "lude" acts between a male adult and a male under the age of 14 is punishable by imprisonment from 1 to 8 years. There is no specific reference to "lude" acts between two females of any age.
[edit] Slovakia
The age of consent in Slovakia is 15, as specified by the Slovak Criminal Code, Section 201.
[edit] History
Until 1961, homosexual acts were prohibited, however the new Criminal Code of that year decriminalised such behaviour. However, under Paragraph 244, the age of consent for homosexual acts was set at 18, whereas it remained 15 for heterosexual acts. In 1990, the Penal Code was amended to treat hetero- and homosexual acts equally; Paragraph 244 was repealed and the age of consent became 15 for all.
[edit] Slovenia
The age of consent in Slovenia is 15, as specified by the Slovenian Penal Code, Article 183, Section 1, which reads: "(1) Whoever has sexual intercourse or performs any lewd act with a person of the same or opposite sex under the age of fifteen (15) years where there is a marked discrepancy between the maturity of the perpetrator and that of the victim shall be sentenced to imprisonment for not less than six (6) months and not more than five (5) years. "
[edit] History
Until 1959, male homosexual acts were prohibited, as was the case in all of former Yugoslavia. A new Penal Code was introduced in 1977 which decriminalised homosexual acts and all discriminatory provisions were removed. In 1995, the age of consent was set at 14 for all acts. In 1999, the code was amended to raise the age of consent to 15 years and added the condition for "a marked discrepancy between the maturity of the perpetrator and that of the victim'".
[edit] Spain
The age of consent in Spain is 13, as specified by the Spanish Penal Code, Articles 181(2) and 183.
[edit] History
Homosexual acts have been legal in Spain since 1822 (with the exception of the offence of “habitual homosexual acts" in the years 1928-32). A new Criminal Code was introduced in 1995 which specified an age of consent of 12 under Article 181f for all sexual acts; and this was raised to 13 a few years later.
[edit] Sweden
The age of consent in Sweden is 15, as specified by the Swedish Penal Code, Chapter 6 (On Sexual Crimes). The age of fifteen is referred to several times, for example in Section 4, which reads: "A person who has sexual intercourse with a child under fifteen years of age or who with such a child carries out another sexual act that, having regard to the nature of the violation and the circumstances in general, is comparable to sexual intercourse, shall be sentenced for rape of a child to imprisonment for at least two and at most six years."
[edit] History
Until 1944, homosexual acts were prohibited - and had been since 1864 - until they were decriminalised in that year, but with a higher age of consent (18) than for heterosexual acts (15). The age of consent was equalised at 15 for all sexual acts in 1978.
[edit] Switzerland
The age of consent in Switzerland is 16, as specified by the Swiss Federal Criminal Code, Article 187.
Swiss Federal Criminal Code (in French, German and Italian)
[edit] Ukraine
The age of consent in the Ukraine is considered to be 16, although it is not specifically set in any one statute.
Article 155 states that sexual intercourse with a sexually immature person shall be punishable. Immaturity is irrefutably presumed in those under 14 {Art. 120CC and court rulings}. Those under 14 are considered children in Ukraine law additionally those under 16 are considered minors (generally read from all articles and court rulings)
However, sexual acts with those under 16 that are considered debauchery can also be prosectuted under Atricle 156. [2]).
[edit] United Kingdom (and its Crown dependencies)
The United Kingdom of Great Britain and Northern Ireland is a country and sovereign state consisting of the following jurisdictions. Some UK national age of consent legislation does not apply to some of its dependencies.
[edit] England and Wales
The age of consent in England and Wales is 16, as specified by the Sexual Offences Act 2003 for heterosexual acts and for homosexual acts.
Criminal Law Amendment Act 1885 Sexual Offences Act (Amendment) Act 2000
[edit] History
The age of consent for heterosexual acts was set at 12 in 1275 and remained so for six centuries. A concern that young girls were being sold into brothels led Parliament to raise the age of consent to 13 in 1875 under the Offences Against the Person Act 1875. 10 years later, the Criminal Law Amendment Act 1885 further raised the age of consent to 16; and also criminalized male homosexual acts. It is common folklore that an amendment which would have criminalised lesbian acts was rejected by Queen Victoria who refused to believe that some women did such things. However, it is more likely that those presenting the amendment excluded it (as did the House of Lords 40 years later) on the assumption that it would "give women ideas". [citation needed]
Male homosexual acts were decriminalised under the Sexual Offences Act 1967, Section 1, however the age of consent for such acts was set at 21, whereas the age of consent for heterosexual acts was 16, however the legislation only applied in England and Wales.
In 1994, on the second reading of the Criminal Justice and Public Order Act 1994, the Conservative MP, Edwina Currie, introduced an amendment which would have lowered the age of consent for such acts to 16, in line with heterosexual acts, however the amendment was defeated by 308 votes to 280. A compromise amendment which lowered the age of consent to 18 was, however, accepted by 427 votes to 162. (Also during the readings were motions to equalise the age of consent to 17 for all, to reintroduce an age of consent for homosexual acts to 21, and a further attempt to lower the age of consent to 16. All of these were rejected.)
In 1997, the European Court of Human Rights case of Sutherland v the United Kingdom held that a higher age of consent for homosexuals than for heterosexuals was a breach of Article 8 of the Convention. In response, the Government introduced the Crime and Disorder Bill which contained a provision lowering the age of consent for homosexual acts to 16. Though accepted by the House of Commons, the provision was rejected by the House of Lords. The Sexual Offences (Amendment) Bill, introduced in 1998, contained a similar provision, but once again it was rejected by the House of Lords. The Bill was reintroduced in 2000 and, despite opposition from the House of Lords, was passed under the Parliament Act 1911 (which allows the House of Commons to overrule the House of Lords under certain circumstances). As the Scottish Parliament had been established prior to the reintroduction of the Bill, and the relevant legislation was a devolved issue, the consent of that Parliament under the Sewel Convention was required - had that consent not been granted, the Scottish provisions would have had to be removed and it would not have been possible to use the Parliament Act. The Sexual Offences (Amendment) Act 2000 thus equalised the age of consent at 16 for all sexual acts (including, for the first time, lesbian acts).
[edit] Scotland
The age of consent in Scotland is 16, as specified by the Criminal Law (Consolidation) (Scotland) Act 1995 (as amended).
Criminal Law (Consolidation)(Scotland) Act 1995
[edit] History
In Scotland most sexual offences are contained in the Criminal Law (Consolidation) (Scotland) Act 1995 , which replaced the Sexual Offences (Scotland) Act 1976. For heterosexual acts the age of consent is 16, with increased penalties for offences involving girls under 13.
Male homosexual acts were illegal in Scotland until 1980 when they were decriminalised by the Criminal Justice (Scotland) Act 1980, Section 80, which specified an age of consent of 21. The Criminal Law (Consolidation) (Scotland) Act 1995 Act lowered the age of consent of 18 and this was further lowered to 16 by the Sexual Offences (Amendment) Act 2000 described above.
[edit] Northern Ireland
The age of consent in Northern Ireland is 17, as specified by various statutes.
- Criminal Law Amendement Act 1885 s5: "Any person who: (1)Unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any girl... under the age of [seventeen years]" commits an offence.
- Criminal Law Amendment Act (Northern Ireland) 1923 s1: "It shall be no defence to a charge or indictment for an indecent assault on a child or young person under the age of [seventeen] to prove that he or she consented to the act of indecency."
- Sexual Offences (Amendment) Act 2000 s1(4): "In paragraphs (1) and (5) of Article 3 of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in private), for the word "18" there shall be substituted the word "17"."
Criminal Law Amendement Act 1885 Criminal Law Amendment (Northern Ireland) Act 1923 Sexual Offences (Amendment) Act 2000
[edit] History
Male homosexual acts were illegal in Northern Ireland until 1982, when they were decriminalised by the Homosexual Offences (Northern Ireland) Order 1982, which specified an age of consent of 21. The change was a result of the judgment in the European Court of Human Rights case of Dudgeon v United Kingdom (1981) in which the ECHR held that a prohibition on homosexual acts was a breach of Article 8 of the Convention. The age of consent was lowered to 17 for male homosexual acts - putting the age of consent in line with heterosexual acts - by the Sexual Offences (Amendment) Act 2000, Section 1.
[edit] Jersey
The age of consent in the Bailiwick of Jersey is 16, as specified by an 1895 law (since amended).
Homosexual acts between men can be charged under the crime of sodomie (sodomy) if the participants are under the age of 18. However, this is soon to be repealed, see below. [citation needed]
If the act is between more than 2 persons; or if performed in a lavatory open to the public (by payment or otherwise) {Article 1(1)&(2)}. [citation needed]
Homosexual acts between men, performed aboard ships registered in Jersey and used for passage or freight, by any members of its crew may be charged under the same crime regardless of the participants' ages. {Article 2}. [citation needed]
Sexual Offences (Jersey) Law 1990 [citation needed]
[edit] History and current devlopments
Until 1990, Jersey banned homosexual acts under the unamended act above. At that time the age of consent was set to 21 (in line with the rest of the UK at the time). In 1995 it was further amended to the age of 18.
In 2006 a bill was proposed and passed by a vote of 38 to 11, which brings Jersey's laws in line with that of the UK legislation. See [4] and [5].
[edit] Further reading UK
- BBC News article - Sex with under-16s 'grey area' "A chief constable has said that young men who have sex with girls aged 13 or over should not necessarily be classed as paedophiles..."
[edit] Further reading
[edit] Europe in general
- Report produced by the EU Network of Independent Experts on Fundamental Rights on the situation of the age of consent throughout the European Union (27th March 2006)
- Keynote-Lecture at the 7th International Conference of the International Association for the Treatment of Sexual Offenders (IATSO) (13th September 2002)
- Interpol Database on National Legislation on Sexual Offences against Children (much information out of date)
[edit] Lesbian and gay issues
- ILGA World Legal Survey by the International Lesbian and Gay Association (1998 - much information out of date)
- Equality for Lesbians and Gay Men - European Region of the International Lesbian and Gay Association Report (1998 - much information out of date)
