Ages of consent in Europe: Difference between revisions

Some countries have close-in-age exceptions, allowing partners close in age of whom one or both may be below the standard unrestricted age of consent to be able to both legally consent to engage in sexual acts with each other. The lowest minimum age of consent for a close-in-age exception to apply in Europe is 12 (in [[Ages of consent in Europe#Hungary|Hungary]]), providing their older sexual partner is under 18.<ref name="jogtar"/>

The general age of consent in Austria is '''14''', as specified by Section 206<ref>{{cite web|url=http://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40023134/NOR40023134.html |title=RIS Dokument |publisher=Ris.bka.gv.at |date=31 July 2013 |access-date=17 May 2014}}</ref> of the penal code. (The term ''unmündig'' is specified in Section 74<ref>{{cite web|url=http://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40093644/NOR40093644.html |title=RIS Dokument |publisher=Ris.bka.gv.at |date=31 August 2009 |access-date=17 May 2014}}</ref> of the penal code.) Paragraph 4 of Section 206 defines a close-in-age exception, lowering the age of consent to 13 if the other party is not more than 3 years older and some additional conditions are met. Paragraph 4 of Article 207 increases this exception to 4 years,{{Citation needed|date=March 2024}} with a minimum age of 12,{{Citation needed|date=March 2024}} for sexual acts not amounting to sexual intercourse or other acts "that can be equated with sexual intercourse" - essentially non-penetrative sexual contact.{{Citation needed|date=March 2024}} It is subject to the same additional conditions of article 206 (for example, that the act does not cause serious bodily harm).{{Citation needed|date=March 2024}}

''However'', Section 207b<ref>{{cite web|url=http://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40033821/NOR40033821.html |title=RIS Dokument |publisher=Ris.bka.gv.at |access-date=17 May 2014}}</ref> 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.{{Citation needed|date=March 2024}}

The offence "initiating sexual contacts with minors under 14 through the use of computer system" is punishable by two years' imprisonment (Section 208a Penal Code).{{Citation needed|date=March 2024}}

The Austrian Criminal Code previously specified 18 as the age of consent for [[male homosexual sex]] in which the other partner was aged 14–1814 to 18, while no equivalent provision existed for heterosexual sexual conduct or in regards to female homosexuality; 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.

Until 1962, homosexual sexual intercourse was illegal in Czechoslovakia. The Czechoslovak 140/1961 Sb., Penal Code, introduced in that year, still contained as a crime "Sexual“Sexual intercourse with a person of the same sex"sex” (§ 244), but covered only persons older than 18 years of age who had intercourse with a person younger than 18. Between adults, payment receipt or provision and public nuisance were criminalised. In 1990, article § 244 was repealed in its entirety by the Czechoslovak Act 175/20091990Sb., from 20091990-07-01.

"The person who has sexual intercourse with a person who has not yet completed their twelfth year, commits a felony and shall be punishable with imprisonment from five years to ten years".<ref name="jogtar">{{cite web|url=http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=A1200100.TV |title=2012. évi C. törvény - a Büntető Törvénykönyvről |publisher=Net.jogtar.hu |access-date=17 May 2014}}</ref>

</ref><ref>{{cite web|url=http://visindavefur.hi.is/svar.php?id=3683 |title=''Hver er samræðisaldur á Íslandi?'' |trans-title=What is the age of consent in Iceland?|language=is}}</ref> The age of consent was raised from 14 to 15 in 2007.<ref>{{Cite web|url=https://www.coe.int/en/web/european-social-charter/-european-social-charter-and-european-convention-on-human-rights|title=European Social Charter and European Convention on Human Rights|website=European Social Charter}}</ref> A close-in-age exemption allows sexual acts from age '''14''' if the older party is under 18.<ref>''(Icelandic)'' [http://www.althingi.is/lagas/135a/1940019.html The Icelandic Penal Code] {{webarchive|url=https://web.archive.org/web/20160317171939/http://www.althingi.is/lagas/135a/1940019.html|date=17 March 2016}}

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 under the age of 18, provided that the age gap between them is less than 4 years (i.e. if the partners are all under the age of 18, but at least 13).

The age of consent rises to 16 if one of the participants has some kind of influence on the other (e.g. parent - being a natural or an adoptive one, teacher, tutor, etc.).

Not knowing that the victim is underage is not a legal defense, except when it was unavoidable ignorance. If the minor involved is under the age of 11, the crime can be punished even without a complaint and the punishment is aggravated. It is also illegal to perform sexual acts in the presence of a minor aged less than 14 with the intent of allowing the minor to witness the acts, even if they do not take an active part.<ref>{{Cite web|url=https://www.diritto.it/leta-del-consenso/|title=L'età del consenso &#124; Il portale giuridico online per i professionisti - Diritto.it|date=7 January 2022|accessdate=11 March 2023}}</ref>

The interpretation of the law is situational and at the discretion of the prosecution and the courts, based on relevant factors that may be taken into account to decide whether the minor was actually "defiled". For example, in 2008 two brothers, aged 19 and 20, were found not guilty of defiling a girl, then aged 16 (until 2018 the age of consent was 18). Their sexual encounters were consensual, and it was clear that the girl had had several previous sexual adventures with several youths.<ref>{{cite web |url=http://www.timesofmalta.com/articles/view/20080428/local/brothers-acquitted-of-defiling-girl |title=Brothers acquitted of defiling girl |date=28 April 2008 |publisher=timesofmalta.com |access-date=17 May 2014}}</ref><ref>{{cite web |url=http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/TAL-MAGISTRATI%20(GUDIKATURA%20KRIMINALI)/2008/2008-04-23_914-2004_48886.PDF|title=POLICE INSPECTOR TEREZA SCIBERRAS, INSPECTOR RAYMOND AQUILINA VS. SEBASTIAN FRANCIS De BONO, ZACHARY De BONO, Number 914/2004, 2008-04-23 |work= COURT OF MAGISTRATES (MALTA) AS A COURT OF CRIMINAL JUDICATURE |publisher=Docs.justice.gov.mt}}</ref> 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.<ref>{{cite web |url=http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/TA'%20L-APPELLI%20KRIMINALI%20(INFERJURI)/2007/2007-06-11_170-2007_43765.PDF|title=The Police v. Arshad Nawaz, Criminal Appeal Number. 170/2007, 2007-06-11 |work= MALTA - COURT OF CRIMINAL APPEAL |publisher=Docs.justice.gov.mt}}</ref> 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,<ref>{{cite web|url=http://www.timesofmalta.com.mt/articles/view/20080902/local/man-accused-of-defilement |title=Timesofmalta.com - Man accused of defilement |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20081216114916/http://www.timesofmalta.com.mt/articles/view/20080902/local/man-accused-of-defilement |archive-date=16 December 2008}}</ref> three men aged 18, 19 and 20 with three 14-year-old girls<ref>{{cite web |url=http://www.timesofmalta.com.mt/articles/view/20080827/local/three-admit-indecent-acts |title=Timesofmalta.com - Three admit indecent acts |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20081216114905/http://www.timesofmalta.com.mt/articles/view/20080827/local/three-admit-indecent-acts |archive-date=16 December 2008}}</ref> or another hotel manager of 46 and a boy of 14, who had encounters over a longer time.<ref>{{cite web|url=http://www.timesofmalta.com.mt/articles/view/20080822/local/hotel-manager-charged-with-defiling-boy-14 |title=Timesofmalta.com - Hotel manager charged with defiling boy, 14 |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20101119045509/http://www.timesofmalta.com.mt/articles/view/20080822/local/hotel-manager-charged-with-defiling-boy-14 |archive-date=19 November 2010}}</ref>

The age of consent in the Netherlands is '''1816''', as specified by the Dutch Criminal Code: {{Blockquote|text=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.|sign=|source=Dutch Criminal Code, Art 245<ref>{{cite web |url=http://wetten.overheid.nl/cgi-bin/deeplink/law1/title=WETBOEK%20VAN%20STRAFRECHT/article=245/ |title=wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854 |language=nl |publisher=Wetten.overheid.nl |access-date=2014-05-17 }}{{Dead link|date=August 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>}}{{Blockquote|text=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.|sign=|source=Dutch Criminal Code, Art 247<ref>{{cite web |url=http://wetten.overheid.nl/cgi-bin/deeplink/law1/title=WETBOEK%20VAN%20STRAFRECHT/article=247/ |title=wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854 |language=nl |publisher=Wetten.overheid.nl |access-date=2014-05-17 }}{{Dead link|date=August 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>}} Close-in-age exceptions (for consensual acts between adolescents close in age, within "social-ethical norms") are at the discretion of the prosecution. Acts such as a ménage-a-trois, or an unequal relationship, e.g. the perpetrator{{clarify|date=November 2017}} (17) was not in love, while the victim{{clarify|date=November 2017}} (15) was, can also be considered outside "social-ethical norms".<ref>{{cite web |url=http://www.juridischkennisportaal.nl/wiki/strafrecht/ontucht-cq-feitelijke-aanranding/jurisprudentie-ontucht-leeftijdsverschil.htm |title=Jurisprudentie ontucht - leeftijdsverschil - Juridisch kennisportaal |publisher=Juridischkennisportaal.nl |access-date=17 May 2014 |archive-date=17 May 2014 |archive-url=https://web.archive.org/web/20140517185932/http://www.juridischkennisportaal.nl/wiki/strafrecht/ontucht-cq-feitelijke-aanranding/jurisprudentie-ontucht-leeftijdsverschil.htm |url-status=dead }}</ref>

In 1951, a Norwegian ministry of justice white paper recommended de-criminalization of homosexual acts in the 1903 Civil Penal Code §213, but this was rejected by the Norwegian Parliament (Stortinget). The ban on sex between men, which also outlawed cohabitation<ref>[[:no:Konkubinatparagrafen]]</ref>{{Better source needed|date=February 2014}} as well as sex with animals, was repealed in 1972<ref>{{cite web|url=http://www.lovdata.no/all/tl-19020522-010-023.html#196/00_Norway_Penal%20Code.asp |title=Lovdata - Sender deg til riktig side |publisher=Lovdata.no |date=22 May 1902 |access-date=17 May 2014}}</ref><ref>{{cite web |url=http://www.ub.uio.no/ujur/ulovdata/lov-19020522-010-eng.pdf|title=Quotations taken from the Ministry of Justice's (unofficial translation), though updated with current (September 2012) changes in the code |publisher=Ub.uio.no}}</ref> ([[Zoophilia|bestiality]] having been recriminalized in 2008<ref>{{cite web |url= http://www.regjeringen.no/en/archive/Stoltenbergs-2nd-Government/Ministry-of-Agriculture-and-Food/Nyheter-og-pressemeldinger/nyheter/2009/new-animal-welfare-act-.html?id=562543 |title=New Animal Welfare Act |work=regjeringen.no |date=15 May 2009 |access-date=13 July 2014}}</ref>).

For a very long time, the age of consent in Romania was 14. The Penal Code of 1864, which followed shortly after the [[United Principalities|union of the Principalities of Moldavia and Wallachia]], and was in force between 1865 and 1936, set an age of consent of 14. Under this code, Article 263 read: "Any assault against decency, whether completed or attempted, without violence, upon the person of a child, either male or female, aged less than 14 years, shall be punished with imprisonment between two and three years." Article 264 defined "assault against decency with violence", the equivalent of the modern-day crime of [[rape]] (although the term "rape" was not used in that code), and stipulated that the maximum penalty should be given if the victim was under 15 years of age.<ref>{{cite web|url=http://lege5.ro/Gratuit/g42tamju/codul-penal-din-1864|title=Codul Penal din 1864|access-date=19 February 2016|archive-url=https://web.archive.org/web/20160616030447/http://lege5.ro/Gratuit/g42tamju/codul-penal-din-1864|archive-date=16 June 2016|url-status=dead}}</ref> In 1936, a new criminal code came into force. Article 421 read: "The man who has sexual intercourse with a girl under 14 years of age commits the offense of assault against decency without violence, and is punishable by imprisonment between one and three years." However, if aggravated factors existed (such as pregnancy, a sexually transmitted disease, or committed by a person with a specific relation to the victim, or by several persons) the punishment was increased. With regard to rape (article 419) the victim being under 14 constituted an aggravating factor.<ref>{{cite web|url=http://lege5.ro/Gratuit/heztqnzu/codul-penal-din-1936|title=Codul Penal din 1936|access-date=19 February 2016|archive-date=11 June 2015|archive-url=https://web.archive.org/web/20150611204100/http://lege5.ro/Gratuit/heztqnzu/codul-penal-din-1936|url-status=dead}}</ref> After the installation of the communist regime, the code was modified several time, and, in 1969, a new penal code came into effect. Nevertheless, the age of consent of 14 was maintained. Article 198 of the 1969 code read: "Sexual intercourse with a female person who has not attained the age of 14 is punishable by imprisonment of one to five years." In a case of rape, similarly with the previous code, the victim being under 14 constituted an aggravating factor (Article 197).<ref>{{cite web|url=http://lege5.ro/Gratuit/he2demzw/codul-penal-din-1968|title=Codul Penal din 1968|access-date=19 February 2016|archive-url=https://web.archive.org/web/20161107131522/http://lege5.ro/Gratuit/he2demzw/codul-penal-din-1968|archive-date=7 November 2016|url-status=dead}}</ref>

The age of consent in Ukraine is set at '''16''' since 2018, regardless of gender and/or sexual orientation.<ref>{{cite web |url= http://ukrainepravo.com/ukrainian_law/legal-news-in-ukraine-amendments-to-the-criminal-code-judges-qualification-assessment-model-decision/|title= LEGAL NEWS IN UKRAINE: AMENDMENTS TO THE CRIMINAL CODE, JUDGES' QUALIFICATION ASSESSMENT, MODEL DECISION OF THE SUPREME COURT, NEW PROCEDURE OF THE LAWYER'S EXAMINATION, RECALCULATION OF PENSIONS FOR STATE EMPLOYEES|date= 21 April 2018|website= ukraine-pravo.com|access-date= 28 March 2019|archive-date= 13 April 2022|archive-url= https://web.archive.org/web/20220413151234/https://ukrainepravo.com/ukrainian_law/legal-news-in-ukraine-amendments-to-the-criminal-code-judges-qualification-assessment-model-decision/|url-status= dead}}</ref><ref>{{cite web |url= https://ukranews.com/en/news/558311-poroshenko-signs-law-defining-defines-16-years-as-legal-age-of-consent|title= Poroshenko Signs Law Defining Defines 16 Years As Legal Age of Consent|date= 16 April 2018|website= [[Ukrainian News Agency]]|access-date= 28 March 2019}}</ref>

Article 155 states that sexual intercourse with a person under the age of 16 committed by a person over the age of 18 shall be punishable. Additionally, according to Article 152 (since January 2019) sexual intercourse with a person under the age of 14 (regardless of his/her voluntary consent) is a rape. The law no longer makes reference to the concept of "sexual maturity", which existed in the former legislative framework.<ref>{{Cite web|url=http://ukrainepravo.com/ukrainian_law/legal-news-in-ukraine-amendments-to-the-criminal-code-judges-qualification-assessment-model-decision/|title=Legal news in Ukraine: amendments to the Criminal Code, judges' qualification assessment, model decision of the Supreme Court, new procedure of the lawyer's examination, recalculation of pensions for state employees|date=20 April 2018|website=Українське право - інформаційно-правовий портал|access-date=28 March 2019|archive-date=13 April 2022|archive-url=https://web.archive.org/web/20220413151234/https://ukrainepravo.com/ukrainian_law/legal-news-in-ukraine-amendments-to-the-criminal-code-judges-qualification-assessment-model-decision/|url-status=dead}}</ref>

The vast majority of law relating to sexual offences in England and Wales is laid out in legislation under the Sexual Offences Act 2003, which contains upwards of 140 sections, of which around 70 relate directly to sexual offences. The main sections that relate to sexual offences regarding children are sections 5–15. Sections 5–8 largely reiterate the adult offences of sections 1–4 – rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent – replacing the element of non-consent with the victim being under 13 – with higher maximum sentences in the latter two cases. Sections 9–12 define offences against a child under 13, ''or'' a childminor under 16 whom the defendant does not reasonably believe is 16 or over. These offences are sexual activity with a child, meaning sexual touching (the same ''actus reus'' as sexual assault); causing or inciting a child to engage in sexual activity;<ref name="legislation.gov.uk">{{Cite web|url=http://www.legislation.gov.uk/ukpga/2003/42/contents|title=Sexual Offences Act 2003|accessdate=11 March 2023}}</ref> engaging in sexual activity in the presence of a child for sexual gratification; and causing a child to watch a sexual act, meaning a third person or an image, for sexual gratification. Under section 13, these offences carry a lower penalty of 5 years' imprisonment when committed by a person under 18.

The age of consent is 18 for a few purposes. Section 16 prohibits sexual activity with a childminor under 18 by an adult in a position of trust, (such as a carer or teacher), even if the childminor in question is 16 or 17. However, this contains an exception for relationships beginning before the position of trust arose.<ref>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_2#pt1-pb6-l1g16 |title=Sexual Offences Act 2003 s. 16 |publisher=Opsi.gov.uk |access-date=11 April 2012}}</ref> Under section 47 it is an offence to pay for or promise payment for sexual services of a person under 18 where the client does not reasonably believe that person is over 18, or in any event for a person under 13.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2003/42/section/47 |title=Sexual Offences Act 2003 s. 47 |publisher=UKPGA |access-date=2 August 2013}}</ref>

However, consensual sex with a girl aged between 13 and 1615 is not [[rape]], but a lesser offence; on 1 December 2010 this was given the specific name of "having intercourse with an older child". Aged(A person between 13 and 16 excludes 1615). Recently, this has caused a debate with family advocates and the Scottish government.<ref>{{cite news| url= https://euwire.news.blog/2022/02/21/government-accused-of-effectively-lowering-age-of-consent-to-13/ | location=London | work=EU Wire | title=Government accused of 'effectively' lowering age of consent to 13 | date=21 January 2022}}</ref>

The age of consent in the Bailiwick of [[Jersey]], a Crown Dependency, is '''16''', last amended in 2007.<ref>{{cite web |url=httphttps://www.jerseylegalinfojerseylaw.je/Lawlaws/Displaycurrent/Pages/08.860.aspx?url=LawsInForce%2fhtm%2flawfiles%2f2007%2fL-02-2007.htm |title=Sexual Offences (Jersey) Law 20072018 |publisherwebsite=Jerseylegalinfo.je[[Jersey Legal Information Board]]|date=1927 JanuaryFebruary 20072024 |access-date=1116 April 20122024}}</ref>{{As |url-status=dead |archive-url=https://web.archive.org/web/20070525205343/http://www.jerseylegalinfo.je/Law/Display.aspxof?url=LawsInForce%2Fhtm%2Flawfiles%2F2007%2FL-02-2007.htm |archive-date=25April May 20072024}}</ref>

Prior to 1990, sodomy was illegal<ref>{{cite web |url=httphttps://www.jerseylegalinfojerseylaw.je/lawlaws/displaysuperseded/Pages/2004/08.aspx?url=lawsinforce%2fconsolidated%2f08%2f08500.500_SodomieLoi1938_RevisedEdition_31August2004.htmaspx |title=Loi (1938) modifiant le droit criminel (sodomie et bestialité) |publisherwebsite=Jerseylegalinfo.je[[Jersey Legal Information Board]] |access-date=11 April 2012 |archive-url=https://web.archive.org/web/20080121090229/http://www.jerseylegalinfo.je/law/display.aspx?url=lawsinforce%2Fconsolidated%2F08%2F08.500_SodomieLoi1938_RevisedEdition_31August2004.htm |archive-date=21 January 2008 |url-status=dead}}</ref> 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).<ref>{{cite web |url=httphttps://www.jerseylegalinfojerseylaw.je/Lawlaws/display.aspx?URL=lawsinforce%5chtm%5cLawFiles%5c1990%2fJersey_Law_15enacted/Pages/L-15-1990.htmaspx |title=Jersey Law &#124; SEXUAL OFFENCES (JERSEY) LAW 1990 |publisherwebsite=Jerseylegalinfo.je[[Jersey Legal Information Board]] |date=5 May 2006 |access-date=11 April 2012 |archive-url=https://web.archive.org/web/20080310235210/http://www.jerseylegalinfo.je/Law/display.aspx?URL=lawsinforce%5Chtm%5CLawFiles%5C1990%2FJersey_Law_15-1990.htm |archive-date=10 March 2008 |url-status=dead}}</ref> In 1995, the sodomy age of consent 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 sodomy); regardless of [[sexual orientation]] or [[gender]].<ref>{{cite web |url=httphttps://www.jerseylegalinfojerseylaw.je/Lawlaws/Display.aspx?url=LawsInForce%2fhtm%2flawfiles%2f2007%2fLenacted/Pages/L-02-2007.htmaspx |title=Jersey Law &#124; SEXUAL OFFENCES (JERSEY) LAW 2007 |publisherwebsite=Jerseylegalinfo.je[[Jersey Legal Information Board]] |date=19 January 2007 |access-date=17 May 2014 |url-status=dead |archive-url=https://web.archive.org/web/20070525205343/http://www.jerseylegalinfo.je/Law/Display.aspx?url=LawsInForce%2Fhtm%2Flawfiles%2F2007%2FL-02-2007.htm |archive-date=25 May 2007}}</ref>