Statutory Rape: The Age of Consent | LegalMatch Law Library
The legal age for consensual sex varies across Australian state and territory jurisdictions (see Table 1). The age of consent is 16 years of age in the Australian . Statutory rape occurs when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent, also known as a minor. Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age. The law in Victoria sets clear age limits for when you can legally have sex. This is called the age of consent. A person can be charged with a.
Most jurisdictions have set a fixed age of consent.
- Age of Consent to Sexual Activities
- Legal Ages of Consent By Country
- Ages of consent in North America
Ages can also vary based on the type of calendar used, such as the Lunar calendar how birth dates in leap years are handled, or even the method by which birth date is calculated. Reasonable belief that the victim is over the age of consent In some jurisdictions it is a defense if the accused can show that he or she reasonably believed the victim was over the age of consent.
However, where such a defense is provided, it normally applies only when the victim is close to the age of consent or the accused can show due diligence in determining the age of the victim e. Close-in-age exemptions Some jurisdictions have laws explicitly allowing sexual acts with minors under the age of consent if their partner is close in age to them.
For instance, in Canadathe age of consent is 16, but there are two close-in-age exemptions: For example, the age of consent in the US state of Delaware is 18, but it is allowed for teenagers aged 16 and 17 to engage in sexual intercourse as long as the older partner is younger than In both the United Kingdom and Western Australia, for example, the age of consent was originally 21 for same-sex sexual activity between males with no laws regarding lesbian sexual activitieswhile it was 16 for heterosexual sexual activity; this is no longer the case.
In Canadathe age of consent for anal sex is officially higher at 18 years, compared with 16 years for vaginal and oral sex.
Statutory Rape: The Age of Consent
In countries where there are gender-age differentials, the age of consent may be higher for girls—for example in Papua New Guineawhere the age of consent for heterosexual sex is 16 for girls and 14 for boys,  or they may be higher for males, such as in Indonesia, where males must be 19 years old and females must be 16 years old. In these jurisdictions, it is illegal to have sexual intercourse outside of marriage, so the de facto age of consent is the marriageable age.
In Kuwait, this means that boys must be at least 17 and girls at least 15 years old.
Examples of such positions of trust include relationships between teachers and students. Circumstances of the relationship In several jurisdictions, it is illegal to engage in sexual activity with a person under a certain age under certain circumstances regarding the relationship in question, such as if it involves taking advantage of or corrupting the morals of the young person.
For example, while the age of consent is 14 in Germany and 16 in Canada, it is illegal in both countries to engage in sexual activity with a person under 18 if the activity exploits the younger person. Historically, the age of consent applied to male-female relationships; same-sex relationships were often illegal regardless of the ages of participants.
Modern laws vary, and there may be multiple ages that apply in any jurisdiction. For instance, different ages may apply if the relationship is between partners of the same sex, or if the sexual contact is not strictly vaginal intercourse. Antigua and Barbuda In Antigua and Barbudathe age of consent is Sexual intercourse with male under sixteen 7. A female adult is not guilty of an offence under subsection 1 — a if she honestly believed that the male person was sixteen years of age or more; or b if the female adult is not more than three years older than the male person and the court is of the opinion that evidence discloses that as between the female adult and the male person, the female adult is not wholly or substantially to blame.
Anguilla United Kingdom The age of consent in Anguilla is The specific problem is: Section relies solely on a permanently dead link. Please help improve this section if you can. August Learn how and when to remove this template message The age of consent in Aruba is 15, as specified in Article of the Criminal Code of Aruba which Aruba adapted after its secession from the Netherlands Antilles which reads: Please update this article to reflect recent events or newly available information.
Age of Consent Laws By Country
August In The Bahamasthe age of consent for opposite-sex activity is 16 and the age of consent for same-sex activity is Homosexuality was legalized inbut "public homosexuality" is an offense that carries a year jail term without parole.
August In Barbados the age of consent is Section 5, part I "Sexual intercourse with person between 14 and 16" of the Sexual Offences Act 1 Where a person has sexual intercourse with another with the other's consent and that other person has attained the age of 14 but has not yet attained the age of 16 that person is guilty of an offence and is liable on conviction on indictment to imprisonment for a term of 10 years. You can help by adding to it. A youth of twelve or thirteen can consent to sexual activity with an individual less than two years older than they.
A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is less than five years older than they. Section of the Criminal Code of Canada makes it a crime to touch, for a sexual purpose, any person under the age of 16 years.
Section then goes on to prohibit the sexual touching of a person under 18 by a person in three circumstances: The term "position of trust or authority" is not defined in the Code but the courts have ruled that parents, teachers, and medical professionals hold a position of trust or authority towards youth they care for or teach.
The "position of trust under 18" anti-exploitation rules were expanded in by Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the nature and circumstances of the relationship including the age of the younger party, age difference, evolution of the relationship how it developed, e.
This passed before the amendments, and they were not repealed so they are still in effect and can apply towards adults in these situations with young persons over the age of consent and under 18 Where an accused is charged with an offence under s. Anal intercourse in Canada Section of the Criminal Code criminalizes anal intercourse, but provides exceptions for a husband and wife, and any two persons 18 years of age or older.
These exceptions do not apply if a third person is present, or if the anal intercourse takes place anywhere but in private. History of the Canadian age of consent See also: Age of consent reform in Canada During the 19th century, the age of consent for heterosexual vaginal sex was 12; inthe Parliament raised the age of consent to Ina law was enacted that made the "seduction" of a girl over 12 and under 16 "of previously chaste character" a criminal offence; the "seduction" of a female under 18 "under promise of marriage" was also made illegal inand amended in to apply to females under The new measures still allow for close-in-age exceptions between 12 and Anal sex remains illegal with exceptions for those over 18, if they comply with the restrictions set out under section Female homosexuality was never illegal in the former British colonies; oral sex was legalized in with the same age of consent as vaginal sex.
Also introduced in were the exceptions regarding criminal anal sex effectively legalizing itbut with a higher age barrier set at 21, under section ; inthe age barrier for these exceptions was lowered to As of there are no plans to repeal sectioneven though it has been ruled unconstitutional in some Canadian provinces.
Indecent assaults on females Before prosecution, the public attorney will, if possible, allow the minor to indicate if prosecution is deemed desirable. The laws of France where applicable apply. Costa Rica See also: Anyone who, taking advantage of age, attempts to obtain or obtains carnal access, by oral, anal or vaginal penetration, to a person of either sex who is over 13 and under 15 years of age, with his or her consent, shall be punished with two to six years' imprisonment.
A similar penalty shall be imposed if the act involves the introduction of one or more fingers, objects or animals into the vagina or anus.