Ages of consent in Europe

Main article: Age of consent

The ages of consent for sexual activity vary by jurisdiction across Europe. Spain sets its age of consent at 13, and the rest of the countries have an age of consent between 14 and 17, except Turkey and Malta, which have the highest age limit, set at 18. The laws can also stipulate the specific activities that are permitted and/or differentially specify the age at which a given gender can participate. 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 close in age exceptions may exist, for relating to defences in Cyprus and Greece (that applies for heterosexual and lesbian sexual conduct only and not for male-male sexual conduct) and a higher age of consent just for male-male sexual conduct are noted in Gibraltar, Greece (for the male-male partners over 18) and Guernsey. All other places in Europe have an equal age of consent, regardless of sexual orientation and/or gender.

Age of consent laws Worldwide

Albania

Since 2001, the age of consent in Albania has been 14, regardless of gender and/or sexual orientation [4] [5] [6].

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."

Andorran Criminal Code

Austria

The general age of consent in Austria is 14, as specified by Section 206 of the penal code. (The term unmündig is specified in Section 74 of the penal code.) Paragraph 4 of Section 206 defines a close-in-age exception of max. three years.

Section 207b of the penal code contains an exception to the general age of consent: if one of the partners is younger than 16 years of age and “not sufficiently mature to understand the significance of the act”, then the act is punishable.

History

The Austrian Criminal Code previously specified 18 as the age of consent for homosexual sex in which the other partner was aged 14–18, while no equivalent provision existed for heterosexual sexual conduct; this was Section 209 of the Criminal Code. In November 1996, an amendment was put before the Austrian Parliament to remove Section 209; but the vote ended in a draw, and the amendment failed to pass. In July 1998, a similar amendment was put forward; it was voted down by the conservative majority. Section 209 came into force when homosexuality between males became legal in 1971.

On 24 June 2002, the Austrian Constitutional Court ruled that Section 209 was unconstitutional. The Section was later repealed on 14 August 2002. On 9 January 2003, the European Court of Human Rights held, in L & V v Austria, that Section 209 violated Articles 8 and 14 of the European Convention on Human Rights.

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 4, 2005 - National register of legal acts of Byelorussia, 2005, № 74, 2/1112)

Provisionally english translation of the relevant articles of the Belarus Criminal Code

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 & in Dutch

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.

Bosnia and Herzegovina

The age of consent in Bosnia and 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".

Bulgaria

The age of consent in Bulgaria is 14, as specified by Articles 149 and 151 (1). However Article 151(2) has a provision for those who are over 14 and do "not understand the characteristics or the importance of the act."

Art. 151. (1) Who copulates with a person who has not accomplished 14 years of age, inasmuch as the act does not constitute a crime according to art. 152, shall be punished by imprisonment of two to five years.'

Art. 149. (1) Who commits an act in order to arouse or satisfy a sexual desire without a copulation regarding a person who has not accomplished 14 years of age shall be punished for fornication by imprisonment of up to five years.

Bulgarian Criminal Code

Croatia

The age of consent in Croatia is 14 as specified by the Croatian Criminal Code. The acts themselves ban "sexual relations with a child" while it is later defined that a child is a person under the age of 14. NN 110 art 192 (1997) (in croatian)

History

Homosexual acts were illegal until 1977, when Croatia, then as a Yugoslav Federal Republic, changed its Penal Code. Age of consent was equalised in 1998.

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.

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 pressure from the EU the parliament finally ended the disparate provisions and changed the age of consent to 17 for both hetero and homosexual acts.

Northern Cyprus

Unilaterally declared Turkish Republic of Northern Cyprus has the age of consent for females at 16 as designated in the Penal Code (Ceza Yasası, Art. 154). Sexual contact with a female between 13 and 16 years of age is considered a misdemeanour (Ceza Yasası, Art. 153). There is no age of consent determined for males and Northern Cyprus maintains sodomy laws abolished in the Republic of Cyprus, making sexual contact between males illegal and perpetrators of "sexual acts against the order of nature" (both penetrating and receiving) are punished with up to 5 years of imprisonment (Ceza Yasası, Art. 171; cf. Section 171 of the Criminal Code of Cyprus).

• Northern Cypriot Penal Code (in Turkish)

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."

Czech Criminal Code (in Czech language)

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.

Denmark

The age of consent in The Kingdom of Denmark is 15 as specified by Section 222, which reads: "Any person who has sexual intercourse with any child under the age of fifteen will be liable to imprisonment for any term not exceeding eight years."

Danish Criminal Code (in Danish)

History

Male homosexual acts were legalised in Denmark (lesbianism was never illegal) with an age of consent set at 15, after a major reform of the Penal Code in 1930; However the age of consent at that time for heterosexual acts (which was odd at the time) was 20. In 1976, the age of consent was equalised at 15 for all acts .

Faroe Islands

The age of consent in the Faroe Islands is 15 §222, which reads;

"Den, som har samleje med et barn under 15 år, straffes med fængsel indtil 6 år."

(Translated: "The person, who has sexual intercourse with a child under the age of 15, will be punished with up to six years in jail.")

However it is 18 for those in a position of trust (Eg. teachers) §223, which reads;

"Den, som har samleje med en person under 18 år, der er den skyldiges adoptivbarn, stedbarn eller plejebarn eller er betroet den pågældende til undervisning eller opdragelse, straffes med fængsel indtil 4 år."

("The person, who has sex with a person below 18 years who is an adopted child, a stepchild, or a foster-child; or whose teaching or upbringing they have been trusted with, will be punished with up to 4 years in jail.")

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."

Estonian Criminal Code

History

Until 1992, male homosexual sex was illegal, the Estonian Penal Code, Article 118, forbidding "anal intercourse between men". Due to regaining independence from USSR in 1991, 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 equalised in 2001 when the law was amended, specifying an age of 14 for sexual intercourse.

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."

Finnish Penal Code

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.

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 child under fifteen years of age is punished by five years' imprisonment and a fine of €75,000."

French Penal Code

See also French petitions against age of consent laws

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, the age of consent for homosexual acts was set at 21, while that for heterosexual acts was 13. The latter was increased to 15 in 1945. In 1978, the age for homosexual acts was lowered to 18. In 1981, it was lowered to 15, in line with that for heterosexual acts.

Georgia

The age of consent in Georgia is 16 as per Georgian Penal Code Art. 140.

Germany

The age of consent in Germany is 14, as long as a person over the age of 21 does not exploit a 14–15 year-old person's lack of capacity for sexual self-determination. In this rare and special case, a conviction on an individual over the age of 21 requires a complaint from the younger individual; being over 21 and engaging in sexual relations with a minor of that age does not constitute an offense in and of itself. Otherwise the age of consent is 16, although provisions protecting minors against coercion apply until the age of 18.

As 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 1, 2004; last changed by a law in 2003.)

German Criminal Code (out of date) German Criminal Code in Spanish (translated by Claudia López Diaz)

History

The current ages of consent of 14 and 16 in Germany were set following a post-reunification penal law reform in 1994. While sexual acts with children under 14 had long been illegal both in West Germany and the German Democratic Republic, the penal code in West Germany merely defined sexual acts with an unblemished girl under the age of 16 as punishable; in the GDR, by contrast, sexual acts with persons of the opposite sex between the ages of 14 and 16 were punishable if their moral immaturity was exploited by using gifts, the promise of benefits or similar methods of persuasion to initiate intercourse or actions similar to intercourse.

Homosexuality was illegal in West Germany until 1973 under §175 of the country's criminal code; following two penal law reforms in 1969 and 1973, only male homosexual acts were punished, if they were performed with a minor under the age of 18. §175 was abolished in 1994 in favor of the above mentioned, gender-neutral uniform ages of consent. In the GDR, homosexual acts among both male and female adults over 18 were legalized in 1968; homosexuality was completely legalized in 1988, when § 151 of East Germany's criminal code was repealed.

Further reading:

• Recht, was ist erlaubt? (What is permitted?) Comparison of AOC laws in Germany, Austria and Switzerland. (In German)
• Schutzalter German Wikipedia Article

Greece

The age of consent in Greece is 15.

The general provision for age of consent in Greece is 15 as specified by Section 339(1) of the Penal Code, 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..."

However, Article 347 holds a further prohibition of "seducing" a young male person if the actor is an adult (amongst other prohibitions regarding positions of authority and acts of lewdness). In Greek law the age of majority is set at 18. This effectively sets the age of consent for male homosexual activity to 17, with a close in age exception for those older than 15 and younger than 18.

Further reading:

• Sexual Offences Laws in Greece

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)

History

Until 1961 homosexual acts were illegal. After decriminalisation 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.

Iceland

The age of consent in Iceland is 15, as specified by Section 202 of the Icelandic Penal Code, which reads: "Anyone who has carnal intercourse or other sexual intimacy with a child younger than 15 years shall be subject to imprisonment for at least 1 year and up to 16 years."

202. gr. Hver sem hefur samræði eða önnur kynferðismök við barn, yngra en 15[fimmtán] ára, skal sæta fangelsi ekki skemur en 1[eitt] ár og allt að 16[sextán] árum.

Icelandic Penal Code (in Icelandic)

Ireland

The age of consent in Ireland is 17 for carnal contact, with non-carnal contact being allowed at 15, regardless of sexual orientation and/or gender (although this relies on an interpretation of what "carnal contact" and "non-carnal contact" refers to). Sex with a minor over the age of 15 carries a lower sentence than that for when the minor is below 15, although the punishments were raised in the Criminal Law (Sexual Offences) Act 2006.

History

The heterosexual age of consent was set in the Criminal Law Amendment Act 1935. Homosexuality was decriminalised in 1993, following the ruling of the European Court in Norris v. Ireland with the Criminal Law (Sexual Offences) Act 1993. This same act places an age of 15 on acts of "gross indecency" between male homosexuals, but with no definition of what these are.

Italy

The age of consent in Italy is 14 years, with a close-in-age exception that allows those aged 13 to engage in sexual activity with partners who are less than 3 years older. The age of consent rises to 16 if one of the participants has some kind of influence on the other (e.g. teacher, tutor, biological or adoptive parent). Not knowing the fact that the victim is underage is not a legal defence. It is also illegal to perform sexual acts in the presence of a minor with the intent of allowing the minor to witness the acts, even if they do not take an active part.

See also related Wikisource articles from the Italian Criminal Code (in Italian). See also more related articles from Interpol website (in French).

Kosovo

The age of consent in Kosovo is 14, regardless of sexual orientation and/or gender.

History

Kosovo legalized male homosexuality in 1970. The age of consent became equal at 14 in 1991.

• LGBT rights in Kosovo

Latvia

The age of consent in Latvia is 16. Sexual activities that do not involve vaginal intercourse can occur from age 14 (including same sex acts). Under some conditions a kind of close in age exception for those between 14 and 16 exists for vaginal intercourse.

The main legislation 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 translated 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."

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.

Lithuania

The age of consent in Lithuania is 14, as specified by the Lithuanian Criminal Code §153, according to which any sexual molestation or sexual relationships with a minor under 14 years are prohibited. The age of consent (14) is not set directly in this article of the Lithuanian criminal code, though. It was established by the Lithuanian case law. This means that both heterosexual and homosexual acts are allowed once a child has reached the age of 14. There is an exception to this rule: §151(1)-2 of the Lithuanian criminal code prohibits parents, guardians, conservatives or other people who are ex officio directly responsible for the upgringing and supervision of a child to have any relationships of sexual kind with the child, if he or she has not yet reached the age of 18.

Lithuanian Criminal Code = Lietuvos Respublikos baudžiamasis kodeksas (in Lithuanian)

History

Until 1993, male homosexual acts were prohibited under the Lithuanian Criminal Code, Article 1221, which was repealed in that year. The new law set an age of consent of 17 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.

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 one to five years.

The penalty will be imprisonment of five to ten years if the child was less than eleven years old."

Luxembourgish Penal Code (in French)

Malta

The age of consent in Malta is 18. Sexual activity - typically by people over 18 - with people between 12 and 18 can be considered defilement of minors by lewd acts or corruption of a minor, which, at the discretion of prosecutors and the courts, depending on the circumstances, may result in a conviction.

Art 201 of Chapter 9 of the Laws of Malta (Presumption of violence in cases of carnal knowledge and indecent assault) states:

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;
(b) when the person abused was unable to offer resistance owing to physical or mental infirmity, or for any other cause independent of the act of the offender, or in consequence of any fraudulent device used by the offender.

The punishment is imprisonment from three to nine years, with or without solitary confinement, as described in Art. 198 (Rape or carnal knowledge with violence). The punishment can be increased in certain cases described in Art. 202, such as when the person has not attained the age of nine years.

Art. 203 of Chapter 9 of the Laws of Malta (Defilement of minors) reads:

203. (1) Whosoever, by lewd acts, defiles a minor of either sex, shall, on conviction, be liable to imprisonment for a term not exceeding three years, with or without solitary confinement: [...]

A number of aggravating circumstances exist to this blanket provision including: Abuse of parental authority or tutorship, where the victim is under the age of 12 and if the offence is committed by means of threats or deceit. There is no definition of how old the offender must be: Even another minor can be guilty of this crime, although there is no evidence that any such case has ever been prosecuted.

The age of majority is defined in Art 188 of Chapter 16 of the Civil Laws of Malta:

188. (1) Majority is fixed at the completion of the eighteenth year of age.

To apply Art. 203, there are requirements:

For the completed offence and apart from the formal element of the offence, there must be the lewd act (atto di libidine) and the actual defilement. The lewd act may be committed either on the person or in the presence of the minor. All acts which, either by their very nature or of the circumstances in which they are performed, either are directed to the indulgence of the sexual appetite, either of the agent or of the victim, and are capable of arousing sexual interest of the victim, are lewd acts for the purposes of the offence in question.

It is not necessary to have sexual intercourse or even sex to be prosecuted and convicted under this article; even a kiss has been deemed by the Maltese criminal courts as amounting to a ‘lewd act’, or sending SMS messages with sexual connotations.

The term "defile" must be put in context. In example: If a person is sexually mature (even if minor) then he/she cannot be defiled. In 2008 two brothers, aged 19 and 20, were found not guilty of defiling a girl, then aged 16. Their sexual encounters were consensual, and it was clear that the girl had had several previous sexual adventures with several youths. In 2007 a man of 30 was found guilty of defiling a boy, then aged 14. He had set up a situation in which the boy came to his apartment; as a result of both childish curiosity and what the court deemed to be the guile of the adult man, the boy remained in the apartment even while man first showered and then committed the lewd acts. There are also other cases, where offenders have been found guilty even though the circumstances were not clear, such as the case of a hotel manager aged 35 with a 14 year old girl on holiday, three boys aged 18, 19 and 20 with three 14-year-old girls or another hotel manager of 46 and a boy of 14, who had encounters over a longer time.

In the wording of the law there is no discrimination on the basis of sexual orientation. However, discrimination can result from selective enforcement with regard to individual cases. "This may therefore lead to a higher incidence of cases in which the minor and the perpetrator are of the same sex, given that there may be parents who would not resort to legal proceedings should their 17-year old child have sexual relations with another person of the opposite sex but would do so if the person is of the same sex."

Marriage is allowed as early as the age of 16, which would, in theory, allow a case to arise in which a wife (or husband) they press charges under this article. In practice, this problem has never arisen.

The concept of age-banding employed in for example Canada is not present in the Maltese legal system and sexual activity between one partner who is 17 years old and another who is 18 years old can constitute defilement of minors, depending on the circumstances, with no exception being allowed purely on the basis of the proximity of their ages.

Moldova

The age of consent for sexual activity is not directly foreseen in the Moldovan legislation, but varies between 14 and 16 years according to the Penal Code.

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 but has not reached sixteen, 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."

Article 245, Article 247 (in Dutch)

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." Aggravating circumstances such as recidivism, multiple perpetrators, and unusual degree of degradation and pain, or physical harm may raise the maximum penalty to 15 years.

The sexual act may not be punishable if those involved are of a "similar age or development".

Norwegian General Civil Code (in Norwegian)

Poland

The age of consent in Poland is 15, as specified by the Polish Criminal Code, Article 200, which reads:

"Article 200. § 1. 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."
"§ 2. The same punishment shall be imposed on anyone, who records pornographic material with the participation of such a person."

Polish Criminal Code (in Polish)

History

Poland never imposed laws against homosexuality. However, in 1876 homosexuality was criminalised by the laws of occupying countries (see Partitions of Poland). In 1932 the first Polish Criminal Code after regaining independence was introduced, making the age of consent of 15 for all sexual acts, regardless of sexual orientation.

Portugal

Since September 2007, the age of consent laws of Portugal states 14, regardless of sexual behaviour, gender and/or sexual orientation, as a result of the constitutional court of Portugal ruling on constitutional protection that explicitly includes "sexual orientation", formally into the Constitution of Portugal back in 2004. Since September 2007, the age of consent was formally equalised as part of the Penal Code of September 2007. Also 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" [7].

History

Homosexual acts were legalised for the first time in Portugal in 1852, with an equal age of consent at that time - although homosexuality was again re-criminalised in 1912. They were decriminalised a second time in 1945 and an age of consent was set at 16, in line with heterosexual activities. In 1995, a new Penal Code was introduced with "different circumstances" for different sexual behaviours. Since September 2007 the age of consent regardless of sexual behaviour, gender and/or sexual orientation is 14 .

See also: LGBT rights in Portugal

Romania

The age of consent in Romania 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, supervisor, providing care, medication or education and using that capacity over the victim to gain consent.

Romanian Criminal Code

Russia

The age of consent in Russia is 16. The age of consent changed several times in the Russian history: the Criminal Code of RSFSR contained a very unclear clause about puberty (which was medically hard to determine for every individual, so usually the full legal age of 18 years applied de facto); when the Criminal Code of Russia was adopted in 1996, the age of consent was proclaimed to be the same regardless of sexual orientation and was set to 16 years old; [8] in 1998 it was lowered to 14 years; [9] and in 2003 it was returned again to 16 years [10] (which is the current age of consent in Russia).

Article 134. Illicit Sexual Relations or Other Sexual Actions with a Person Who Has Not Reached 16 Years of Age [11]

Illicit sexual relations, pederasty, or lesbianism, committed by a person who has reached 18 years of age with a person who obviously has not reached 16 years of age, shall be punishable by restraint of liberty for a term of up to three years or by deprivation of liberty for a term of up to four years.

Article 135. Depraved Actions [12]

Commission of depraved actions without the use of violence by the person who has reached the age of 18 years in relations to a person who obviously has not reached 16 years of age, shall be punishable by a fine in the amount up to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to two years, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for a term of up to three years.

However, only a person over 18 can be charged. Charges are relatively low (up to 4 years of prison), regardless of sexual orientation and/or gender and "obscene actions" (with even less charges). {Art 134 and 135} 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 the victim is under 14). {Art 131 and 132}. If two persons are married and one of them is between 14 and 16 (14 is the lowest possible age of marriage) and the other is over 18, the sexual intercourse between them is not a crime; but the elder person can still be charged for sexual acts committed before marriage.

Further reading:

• Criminal Code of the Russian Federation — (English translation)
• Criminal Code of the Russian Federation — Chapter 18 (in Russian)
• LGBT rights in Russia

Serbia

The age of consent in Serbia is 14, regardless of sexual orientation and/or gender. This is regulated by Chapter 18 (Sexual Offences) of the Penal Code of the Republic of Serbia and especially Articel 180 (prohibiting sexual intercourse with a child). Articel 112 defines a child as a person under 14 years of age. Articel 190 furthermore forbids cohabitation or marriage with a minor (person under 18).

Serbian Criminal Code in English (tranlated by the OSCE mission to Serbia in February 2006)

History

From 1977 to 1994, sexual acts between men of any age was a criminal offence in Serbia, although the law has never been applied. Then in 1994, the age of consent was 18 just for anal sex between males; any male performing anal sexual conduct with another male, is punishable by up to 1 year in prison, 14 for all other sexual conduct. Since 2006, an equal age of consent came into force, regardless of sexual orientation and/or gender - This is regulated by the section 110 of the Penal Code of the Republic of Serbia stating that "lewd 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 "lewd acts" between two females of the same offence.

The province of Vojvodina, a northern province of Serbia, had decriminalized homosexuality in 1978, thus effectively making an equal age of consent for any sexual practice regardless of sex and/or gender. This lasted until Vojvodina lost its law-making power in 1990.

See also: LGBT rights in Serbia.

Slovakia

The age of consent in Slovakia is 15, as specified by the Slovak Criminal Code, Section 201.

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.

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. "

Slovenian Penal Code

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'".

Spain

The age of consent in Spain is 13, as specified by the Spanish Penal Code, Article 181(2). However, if deceit is used in gaining the consent of a minor under 16 years an individual can be charged under Article 183(1) upon parental complaint.

"181(1) El que, interviniendo engaño, cometiere abuso sexual con persona mayor de trece años y menor de dieciséis, será castigado con la pena de prisión de uno a dos años, o multa de doce a veinticuatro meses.

(Approximate translation: An individual who, by use of deceit, commits sexual abuse with a person over thirteen years and under sixteen years, will be punished with imprisonment for one or two years, or a fine equivalent to twelve to twenty-four months...)

(2) A los efectos del apartado anterior, se consideran abusos sexuales no consentidos los que se ejecuten sobre menores de trece años, sobre personas que se hallen privadas de sentido o de cuyo trastorno mental se abusare."

(Approximate translation: To the effects of the previous section, it is considered unconsenting sexual abuse those that are committed against persons under thirteen years, unconscious persons or persons whose mental illness is taken advantage of....)"

History

Homosexual acts had been legal in Spain from 1822 to 1933, (with the exception of the offence of “habitual homosexual acts" in the years 1928-32) and even not specifically mentioned there, some homosexuals were arrested under the "Ley de Vagos y Maleantes" (Law against the Lazy and common deliquents) during the 2nd Spanish republic. Homosexual acts were illegal during Francisco Franco's regime, which created a specific law against them (Ley de Peligrosidad Social). 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 in 1999.

Further reading:

• Interpol Entry on Spain (In Spanish)

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."

There is a position of trust rule in which the age of consent is raised to 18. The section mentioned above continues:"The same applies to the person who carries out an act referred to in the first paragraph to a child more than fifteen years of age but less than eighteen years of age and who is offspring to the perpetrator or in the perpetrator's care or in a similar relationship to the perpetrator, or for whose care or guardianship the perpetrator is responsible due to the decision of a government agency."

There is also a close in age exception (Chapter 6, Section 14) "...not sentenced if it is obvious that the act is no violation of the child considered the small difference in age between the person who carries out the act and the child and other circumstances." In a verdict of March 30, 2007, the Supreme Court found that a 17 year old boy had not committed a criminal act by having sexual intercourse with a girl 14 years and 7 months old. (Case B 415-07)

Swedish Criminal Code

History

Homosexual acts between men were prohibited in Sweden since 1864, then in 1944 homosexual acts between men became legal - but with a higher age of consent of 20 than for heterosexual/lesbian acts which was always set at 15. The age of consent for gay men got lowered again in 1966 to 18 (still 15 for lesbians and heterosexuals). Then the age of consent was finally equalized to 15 regardless of sexual orientation and/or gender in 1978.

Switzerland

The age of consent in Switzerland is 16, as specified by the Swiss Federal Criminal Code, Article 187(1). However, there exists a close in age exception if the difference between the ages of the participants is three years or less {Art 187(2)}.

• Swiss Federal Criminal Code (in French, German and Italian)

Turkey

The age of consent in Turkey is the age of majority (set at 18 ), as specified by the 2004 Turkish Penal Code (Türk Ceza Kanunu, Art. 103 & 104). The breach is punishable from 6 months to 22.5 years of imprisonment depending on the age of the minor, age of the perpetrator and whether the perpetrator is a parent, guardian, caregiver or tutor. The legislation applies to all, regardless of sexual orientation and/or gender.

• Turkish Penal Code (in Turkish)

History

The former Turkish Penal Code of 1927 punished having sex with a minor as statutory rape.

Ukraine

The age of consent in 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 Ukrainian 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 prosecuted under Article 156.

Article 155 – Sexual intercourse with a sexually immature person

1. Sexual intercourse with a sexually immature person, – shall be punishable by restraint of liberty for a term up to three years or imprisonment for the same term.'' 2. The same actions committed by a parent or surrogate parent, or where they caused sterility or other grave consequences, – shall be punishable by imprisonment for a term of three to five years.[13]

Article 156 – Debauchery of minors

1. Debauched actions committed in regard of a person under 16 years of age, – shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years.'' 2. The same actions committed in regard of a young child, or by a parent or surrogate parent, – shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to three years. [14]

Ukrainian Criminal Code

United Kingdom (and dependencies)

The United Kingdom of Great Britain and Northern Ireland is a country and sovereign state consisting of the jurisdictions of England and Wales, Scotland and Northern Ireland. UK national age of consent legislation does not apply to its dependencies.

England and Wales

The age of consent in England and Wales is 16, as specified by the Sexual Offences Act 2003 {§44(1)}. However it is illegal for a person to engage in sexual activity with an individual under the age of 18 if they are in a position of trust in relation to that individual (teacher, warder, care giver, guardian, etc).{§44(3),(4)}

Further reading:

• Criminal Law Amendment Act 1885
• Sexual Offences Act (Amendment) Act 2000

History

The age of consent for heterosexual acts in England was set at 12 in 1275. It was lowered to 10 in the latter part of the 16th century. The wording was along the lines of "It shall be deemed illegal to ravage a maiden who is not of age" - at the time "of age" being 12. Therefore, there was, and is, technically no age of consent for the male participant - unless the female participant is an adult in which case laws pertaining to sex with a minor and so on come into force. The English law became applicable in Wales following the Acts of Union (1536 and 1543). In medieval Welsh law there was no actual equivalent of the concept of the age of consent as such, but a girl was marriagable at 12-14 (the onset of puberty) and a fine was payable for the taking of a girl's maidenhood by force; the rules varied according to status and may not have been applied rigidly to commoners.

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. After W. T. Stead's Maiden Tribute articles, the Criminal Law Amendment Act 1885 raised the age of consent to 16.

Male-male homosexual activity had been illegal since the Buggery Act 1533 and this was reinforced in the Offences against the Person Act 1861 and the Criminal Law Amendment Act 1885 extended buggery laws to include any kind of sexual activity between males. It is common folklore that an amendment that would have criminalised lesbian acts was rejected by Queen Victoria because she refused to believe that some women did such things; but it is likelier 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.

Male homosexual acts were decriminalised under the Sexual Offences Act 1967, Section 1, although the age of consent for such acts was set at 21, whereas the age of consent for heterosexual acts was 16. However, the legislation applied only in England and Wales.

In 1994, on the second reading of the Criminal Justice and Public Order Act 1994, the Conservative Member of Parliament Edwina Currie introduced an amendment to lower the age of consent for homosexual acts to 16, in line with that for heterosexual acts; the amendment was defeated by 308 votes to 280. A compromise amendment that lowered the age of consent to 18 was accepted by 427 votes to 162. Also during the readings were motions to equalise the age of consent to 17 for all, to maintain the age of consent for homosexual acts to 21, and a further attempt to lower the age of consent to 16, all of which 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 14 in conjunction with 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).

Scotland

The age of consent in Scotland is 16, regardless of sexual orientation and/or gender, as specified by the new Sexual Offences (Scotland) Act 2009 [15] [16].

History

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 lowered the age of consent of 18 and this was further lowered to 16 by the Sexual Offences (Amendment) Act 2000 described above. However male rape was not recognised along with a complete range of sexual offences until 2009 under the new Sexual Offences (Scotland) Act 2009 [17] [18].

Northern Ireland

The age of consent in Northern Ireland is 16, regardless of sexual orientation and/or gender, as specified by the Sexual Offences (Northern Ireland) Order 2008. The reason the age of consent was lowered to 16 in 2008 with the Order was to bring it in line with the rest of the UK.

• LGBT rights in the United Kingdom

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 judgement 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. Then in 2008 all sexual offences under an Order were lowered to 16, so it was in line with the rest of the UK.

Gibraltar

In Gibraltar, a British overseas territory, the age of consent is 16 for heterosexual and female homosexual acts, while the age of consent for male homosexual acts is maintained at 18.

History

Male homosexual acts have been decriminalised in Gibraltar since 1993, where the above conditions were set. An equal age of consent of 16 for all may be coming soon [19] [20] [21].

Current developments

The "equal" or "uniform" age of consent legislation in Gibraltar is awaiting a "requête". In the past four years very fierce debates have been held in Gibraltar regarding a "uniform" age of consent of 16, even from the Council of Europe and Gordon Brown in the UK supporting an equal age of consent for all regardless at 16 in all UK Territories. In February 2008, a proposed law will be introduced into the Gibraltar Parliament to equalize the age of consent to 16 for everyone regardless. Since 2003, a "requête" called the Sexual Offences (Equal Age Of Consent) Bill 2009 was introduced and has always failed to pass or get an approval, in 2008 it maybe likely to be passed by the middle or the end of the year. Currently under all these; Intervention by the Prime Minister of the UK, constitutional mandates, court cases, treaties with the EU, the Council of Europe, law(s) or legislation under investigation, intervening, reviewing, accessing and maybe getting equalised very soon. [22] [23] [24] [25].

Further reading

• LGBT rights in Gibraltar
• GGR takes Discrimination Violations to Council of Europe Ministers (11 January 2008)
• Gibraltar gays take age of consent fight to Europe (10 January 2008)
• Council of Europe Publishes Gibraltar Gay Discrimination Issue (9 January 2008)
• GWA states it can fight its own battles after Council of Europe officially tables Gib discrimination issue (8 January 2008)
• GGR takes Discrimination Violations to Council of Europe Ministers (8 January 2008)
• Govt has ‘no right to spy in bedrooms’ (16 November 2007)
• Cashman Confirms Brown to Look Into Age of Consent Issue (22 October, 2007)
• GGR: “No 6 is in Denial” (22 October 2007)
• PM pledges action on Gibraltar age of consent (17 October 2007)
• "Interventions work best when confrunting issues head-on" (16 October 2007)
• GGR Welcomes British PM’s Intervention on Age of Consent (16 October 2007)
• Gay Rights Group Welcomes Intervention of British Prime Minister (October 16 2007)
• MEP Cashman to Raise Gib Equality Issue Personally with PM Gordon Brown (9 October, 2007)
• GGR Makes Submission to UK Parliament (9 October 2007 )
• Gay Age of Consent Equality: ‘We Have Given Gibraltarian Government Long Enough’ (October 8, 2007)
• Tatchell slams Gibraltar over gay rights (3 October, 2007)
• Gibraltar gay rights record criticised (January 29, 2007).

Guernsey (Including Alderney, Herm and Sark)

The age of consent in the Bailiwick of Guernsey (a Crown Dependency including Alderney, Herm and Sark) is 16 for heterosexual and female homosexual acts , while the current age of consent for male homosexual acts is maintained at 18. This could soon change by the middle of 2008 (See Further reading below)

History

In 1983, male homosexual acts were decriminalised with the age of consent set at 21. In 1999 the age of consent for male homosexual acts was lowered to 18 [26]. By the middle of 2008, this could soon be changed for to be equalized at 16. For more information below see:

Current developments

The "equal" or "uniform" age of consent legislation in the Bailiwick of Guernsey (Including Alderney, Herm and Sark) is awaiting a "requête". Since 2005, on-going debates have been held in the House of Guernsey regarding a "uniform" age of consent. Over the past two years, a proposed law to equalize the age of consent to 16 for everyone, regardless was introduced as a "requête" - This law maybe likely to be approved by the middle of 2008.

Further reading

• States to decide gay consent age (5 May 2007).
• Call to prioritise social laws (14 April 2007).
• Guernsey's second shot at an equal age of consent (29 March 2007).
• Gay consent age decided 'later' (28 March 2007).
• Guernsey may lower gay age of consent (18 July 2006).
• Island to debate consent age drop (17 July 2006).
• Teenager challenges gay sex law (21 December 2005).
• Guernsey lowers gay sex age to 18 (January 28, 1999).
• Guernsey Votes On Gay Sex Age (January 28, 1999).

Isle of Man

The age of consent in the Isle of Man, a Crown Dependency, is 16, last amended in September 1, 2006 [27].

History

Prior to September 1992, sodomy was illegal, then in October 1992 (after assent) the age of consent was set at 21 for sodomy (in line with the UK at that time), then in 1997, the age of consent for male homosexual acts was lowered to 18. In 2006, the age of consent was lowered to 16, became gender-neutral for all sexual conduct, regardless of sexual orientation and/or gender.

See also:

• LGBT rights in the Isle of Man

Jersey

The age of consent in the Bailiwick of Jersey, a Crown Dependency, is 16, last amended in 2007.

History

Prior to 1990, sodomie (sodomy) was illegal in Jersey for both men and women until 1990 although the age of consent for homosexual acts other than sodomy was the same as for heterosexual acts. In 1990 the age of consent for sodomy between consenting males was set at 21 (the UK at that time maintained the age of consent of 21 for all homosexual acts between males) [28]. In 1995, the sodomie AoC became 18 (under the Sexual Offences (Jersey) Law 1995). In 2007, the age of consent was lowered to 16, became gender-neutral for all sexual conduct (including sodomie); regardless of sexual orientation and/or gender.

Further reading

• Sexual Offences (Jersey) Law 1990 (when the sodomie became legal and an AoC set at 21 - REPEALED)
• Sexual Offences (Amendment) (Jersey) Law 1995 (when the sodomie AoC became 18 - REPEALED)
• Sexual Offences (Jersey) Law 2007 (became gender-neutral for all sexual conduct, including sodomie; regardless of sexual orientation and/or gender at 16 - CURRENT LAW)

Vatican State

There is an equal age of consent set at 12 years of age in Art. 331 (1) . When there is a relationship of dependence (like teacher/student, etc.) the age of consent is 15 years in Art. 331 (2)

The criminal law was introduced 1929 and was the same law as the Codice Penale in Italy on 8 June 1929. Because of the death penalty, reintroduced in 1926 in Italy, the reference point was changed in 1969 to 31 December 1924, but this has no effect on the age of consent laws. The age of consent in the Codice Penale from Italy was changed in 1930, but this no longer had any effect on Vatican City. Vatican law provides that criminal suspects arrested in Vatican City are to be tried under Vatican law in Italian courts, while those who escape to Italy before their arrest are to be tried under Italian law, even if their alleged crime occurred on Vatican territory.

Further reading

Worldwide age of consent

• Worldwide ages of consent (Last updated October 06, 2009)

See also

• Age of consent
• Age of consent reform
• Ages of consent in Africa
• Ages of consent in Asia
• Ages of consent in Oceania
• Ages of consent in North America
• Ages of consent in South America