Apr 25, 2014 A little thought experiment. If you are a Christian: What if your children were forced to attend Islamic education sessions, where they are taught that Christianity is wrong, from a very early age? If you are a Muslim: What if you children we.
In North America, the legal age of consent relating to sexual activity varies by jurisdiction.
The age of consent in Canada is 16. As of August 2018, each U.S. state has set its age of consent at either age 16, age 17, or age 18.
The age of consent in Mexico is complex. Typically, Mexican states have a 'primary' age of consent (which may be as low as 12), and sexual conduct with persons below that age is always illegal. Sexual relations which occur between adults and teenagers under 18 are left in a legal gray area: laws against corruption of minors as well as estupro laws can be applied to such acts, at the discretion of the prosecution. These laws are situational and are subject to interpretation. The general age of consent in Mexico is 17. [1]
The ages of consent in the countries of Central America range from 14 to 18.
The below is a list of all jurisdictions in North America as listed in List of sovereign states and dependent territories in North America.
- 9Canada
- 27Mexico
- 27.4Local laws
Overview
The age of consent is the age at or above which a person is considered to have the legal capacity to consent to sexual activity. Both partners must be of legal age to give consent, although exceptions to the age of consent law exist in some jurisdictions when the minor and their partner are within a certain number of years in age or when a minor is married to his/her partner. Persons below the age of consent may not, by law, give consent, and sexual relations involving such persons may be punished by criminal sanctions similar to those for rape or sexual assault. Non-violent sexual contact with persons under the age of consent may be punished with varying degrees of severity, ranging from a misdemeanor with a simple fine, to a felony with a punishment equivalent to rape.
Different ages may apply if one partner is in a position of power or authority over the other, such as a teacher, manager, coach, parent or stepparent. For example, in Indiana the age of consent is 16 but it is illegal for a person over 18 to have sex with anyone under 18 if they work at their school, are their parent or a stepparent, or are a person recruiting them to join the military.
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 Barbuda, the age of consent is 16.[2]The Sexual Offences Act of 1995 raised the age of consent from 14 to 16 years of age.[3][4]
- Sexual Intercourse with female between fourteen and sixteen
6. (1) Where a male person has sexual intercourse with a female person who is not his wife with her consent and who has attained the age of fourteen years but has not yet attained the age of sixteen years, he is guilty of an offence, and is liable on conviction to imprisonment for ten years.
(2) A male person is not guilty of an offence under subsection (1) –
(a) if he honestly believed that the female person was sixteen years of age or more; or
(b) if the male person is not more than three years older than the female person and the court is of the opinion that the evidence discloses that as between the male person and the female person, the male person is not wholly or substantially to blame.
- Sexual intercourse with male under sixteen
7. (1) Where a female adult has sexual intercourse with a male person who is not her husband and who is under the age of sixteen years, she is guilty of an offence, whether or not the male person consented to the intercourse, and is liable on conviction to imprisonment for seven years.
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 16. It is determined in Part 14 of the Criminal Code - SEXUAL OFFENCES -Sexual Offences Against Minors - by Article 143. 'Sexual intercourse with person between 14 and 16 years of age'.[5][not specific enough to verify]
Aruba
The age of consent in Aruba is 15, as specified in Article 251 of the Criminal Code of Aruba (which Aruba adapted after its secession from the Netherlands Antilles) which reads:
Article 251: 'A person who, out of wedlock, with a person who has reached the age of twelve but has not reached fifteen, 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 at most 100 000 florin'.[6]
Bahamas
In The Bahamas, the age of consent for opposite-sex activity is 16 and the age of consent for same-sex activity is 18. Homosexuality was legalized in 1991, but 'public homosexuality' is an offense that carries a 20-year jail term without parole.[7][needs update]
11. (1) Any person who has unlawful sexual intercourse with any person being of or above fourteen years of age and under sixteen years of age, whether with or without the consent of the person with whom he had unlawful sexual intercourse, is guilty of an offence and liable to imprisonment for life subject to, on a first conviction for the offence, a term of imprisonment of seven years and, in the case of a second or subsequent conviction for the offence, a term of imprisonment of fourteen years.[8]
Barbados
In Barbados the age of consent is 16.
Section 5, part I 'Sexual intercourse with person between 14 and 16' of the Sexual Offences Act 1992
(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.[9]
Belize
In Belize, the age of consent is 16, regardless of sexual orientation or gender.[10][11]
The legislation reads:
Criminal Code [CAP. 101][10][11]
- Section 47.1
'Every person who, with or without consent, has sexual intercourse with a person who is under the age of fourteen years commits the offence of unlawful sexual intercourse and is liable on conviction on indictment to imprisonment for a term that is not less than twelve years but may extend to imprisonment for life.'
- Section 47.2
'Every person who has unlawful sexual intercourse with a person who is above the age of fourteen years but under the age of sixteen years, commits an offence and is liable on conviction on indictment to imprisonment for a term that is not less than five years but no more than ten years.'
Bermuda and British Virgin Islands (United Kingdom)
Age of sexual consent is 16, regardless of sexual orientation and/or gender.[12]
Canada
The Tackling Violent Crime Act took effect on 1 May 2008, raising the age of consent from 14 to 16.[13]
There exist two close-in-age exemptions, depending on the age of the younger partner. 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.[14]
Criminal law (including the definition of the age of consent) is in the exclusive jurisdiction of the federal government, so the age of consent is uniform throughout Canada. Section 151 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 153 then goes on to prohibit the sexual touching of a person under 18 by a person in three circumstances: if he or she is in a 'position of trust or authority' towards the youth, if the youth is in a 'relationship of dependency' with him or her, or if the relationship is 'exploitative'. 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. Section 153 (1.2) of the Code provides that a judge can infer whether or not a relationship is 'exploitative' by considering its nature and circumstances including how old the youth is, the difference in ages between the partners, how the relationship evolved, and the degree of control or influence that the older partner has over the youth.
The 'position of trust under 18' anti-exploitation rules were expanded in 2005 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.g. quickly and secretly over the Internet), the control or influence over the young person (degree of control or influence the other person had over the young person). This passed before the 2008 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 (16-17).
Where an accused is charged with an offence under s. 151 (Sexual Interference), s. 152 (Invitation to sexual touching), s. 153(1) (Sexual exploitation), s. 160(3) (Bestiality in presence of or by child), or s. 173(2) (Indecent acts), or is charged with an offence under s. 271 (Sexual assault), s. 272 (Sexual assault with a weapon, threats to a third party, or causing bodily harm), or s. 273 (Aggravated sexual assault) in respect of a complainant under the age of sixteen years, it is not a defense that the complainant consented to the activity that forms the subject-matter of the charge.
Anal intercourse in Canada
Section 159 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.[15] However, courts in Ontario,[16]Quebec,[17] and Alberta[18] have independently declared s. 159 to be unconstitutional as violations of the equality provision of the Canadian Charter of Rights and Freedoms.
History of the Canadian age of consent
During the 19th century, the age of consent for heterosexual vaginal sex was 12; in 1890, the Parliament raised the age of consent to 14.[19] The punishment for anyone who had sexual intercourse with someone younger than 14 was life imprisonment and whipping, while the punishment for anyone who attempted to seduce an underage girl was two years' imprisonment and whipping.[20] Canada had also laws against 'seducing' minor girls who were over the age of consent. In 1886, a 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 in 1886, and amended in 1887 to apply to females under 21.[21] After the raising of the age of consent to 14, the laws against 'seducing' minor girls were amended to apply to those older than 14, and various laws of this kind have remained in force through the 20th century.[21] The age of consent was raised from 14 to 16 in the spring of 2008, when the Tackling Violent Crime Act became effective. The new measures still allow for close-in-age exceptions between 12 and 16: if there is no more than a two-year gap for those 12 and 13, or a five-year gap for those 14 and 15. Anal sex remains illegal with exceptions for those over 18, if they comply with the restrictions set out under section 159.
Female homosexuality was never illegal in the former British colonies; oral sex was legalized in 1969 with the same age of consent as vaginal sex. Also introduced in 1969 were the exceptions regarding criminal anal sex (effectively legalizing it), but with a higher age barrier set at 21, under section 159; in 1988, the age barrier for these exceptions was lowered to 18. As of 2008 there are no plans to repeal section 159, even though it has been ruled unconstitutional in some Canadian provinces.
Cayman Islands (United Kingdom)
The age of consent in Cayman Islands is 16.[22]
Defilement of girls under sixteen years of age, etc.
134. (1) Whoever unlawfully and carnally -
(a) knows any girl under the age of twelve years is guilty of an offence and liable to imprisonment for twenty years; or
(b) knows any girl between the ages of twelve and sixteen years is guilty of an offence and liable to imprisonment for twelve years.
Indecent assaults on females
132. (1) It is an offence for a person to make an indecent assault on a woman.
(2) A girl under the age of sixteen cannot in law give any consent which would prevent an act being an assault for the purposes of this section.
Caribbean Netherlands
The age of consent in the Caribbean Netherlands (Bonaire, Saba and Sint Eustatius) is 16, as specified by the Criminal Code BES, Articles 251, which reads:
Art 251: '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 sixteen years'. Before prosecution, the public attorney will, if possible, allow the minor to indicate if prosecution is deemed desirable.[23]
Clipperton Island (France)
Clipperton Island is an uninhabited nine-square-kilometre (approx. 3.5-square-mile) coral atoll in the eastern Pacific Ocean, a state private property under the direct authority of the French government, administered by the Minister of Overseas France. The laws of France where applicable apply.[24] See Age of consent Europe#France.
Costa Rica
Costa Rica does not have an exact age of consent but has age difference limits between sexual partners, independent of gender.[25]
Costa Rican law 9406 makes it illegal for a person 18 years of age or older to have sexual relations with another person less than 15 years old if the older party is five or more years older than the minor. If the younger sexual partner is between 15 to 17 years old, the maximum age difference permitted is seven years.
Cuba
The age of consent in Cuba is 16.[26][further explanation needed]
Curaçao (Netherlands)
The age of consent in Curaçao is 15, as specified by the Criminal Code of the Netherlands Antilles (which Curaçao didn't change after the dissolution of the Netherlands Antilles), Articles 251, which reads:
Art 251: 'A person who, out of wedlock, with a person who has reached the age of twelve but has not reached fifteen, performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than sixteen years'.[27]
For children 12-14 prosecution only takes place upon a 'complaint' by the minor, his parents, teacher, or the guardianship board.
Dominica
In Dominica the age of consent is 16.
'Defilement of girls between fourteen (14) and sixteen (16) years of age', Article 4 of the Sexual Offences Act
' (1) Subject to subsections (2) and (3), any person who -a) unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of any girl of or above the age of fourteen (14) years and under the age of sixteen (16) years (...) - is liable to imprisonment for seven years.[28]
Dominican Republic
The age of consent in the Dominican Republic is 18.[29]
El Salvador
In El Salvador, the age of consent appears to be 18 (although the laws are not clear cut in regard to sexual acts with persons aged between 15 and 18).
- CHILDREN YOUNGER THAN 15:
VIOLACIÓN EN MENOR O INCAPAZ
Art. 159.- El que tuviere acceso carnal por vía vaginal o anal con menor de quince años de edad o con otra persona aprovechándose de su enajenación mental, de su estado de inconsciencia o de su incapacidad de resistir, será sancionado con prisión de catorce a veinte años.[30][31]
Approximate translation: 'Anyone who has vaginal or anal sexual intercourse with a minor younger than fifteen years of age or of another person by taking advantage of their insanity, their state of unconsciousness or inability to resist, shall be punished with imprisonment of fourteen to twenty years.'
- CHILDREN AGED BETWEEN 15 AND 18:
Several laws apply to sex with persons aged between 15 and 18.
Article 169 makes it illegal to 'promote, facilitate, manage, finance, instigate or organize in any way the use of persons under eighteen years of age in sexual or erotic acts individually or organized, publicly or privately'.
Art. 169.- El que promoviere, facilitare, administrare, financiare, instigare u organizare de cualquier forma la utilización de personas menores de dieciocho años en actos sexuales o eróticos, de manera individual u organizada, de forma pública o privada, será sancionado con pena de tres a ocho años de prisión.
En igual responsabilidad incurrirá quien con conocimiento de causa autorizare el uso o arrendare el inmueble para realizar cualquiera de las actividades descritas en el inciso anterior.[30]
Approximate translation: Article 169 .- Any person who promotes, facilitates, manages, finances, instigates or organizes in any way the use of persons under eighteen years of age in sexual or erotic acts, individually or organized, publicly or privately, shall be punished with penalty of three to eight years in prison.
Similarly, anyone who knowingly authorizes the use or rents a property to perform any of the activities described in the preceding paragraph, incurs criminal liability.
Article 167 makes it illegal to 'promote or facilitate the corruption of a person under eighteen (...) through various sexual acts of carnal knowledge, even if the victim consents to participate in them'.
CORRUPCIÓN DE MENORES E INCAPACES
Art. 167.- El que promoviere o facilitare la corrupción de una persona menor de dieciocho años de edad o de un deficiente mental, mediante actos sexuales diversos del acceso carnal, aunque la víctima consintiere participar en ellos, será sancionado con prisión de seis a doce años.[30]
Approximate translation: Article 167 .- Any person who promotes or facilitates the corruption of a person under eighteen years of age or a mentally handicapped through various sexual acts of carnal knowledge, even if the victim consents to participate in them, shall be punished with imprisonment of six to twelve years.
Article 171 deals with 'obscene exhibition', and also appears to set the age of consent at 18.
EXHIBICIONES OBSCENAS
Art. 171.- El que ejecutare o hiciere ejecutar an otros actos lúbricos o de exhibición obscena, o indecorosa, en lugar público o expuesto al público o bien ante menores de dieciocho años de edad o deficientes mentales, será sancionado con prisión de dos a cuatro años.[30]
Approximate translation: Art. 171. Anyone who performs or makes others perform acts of lewd or lascivious exhibition, or indecency in a public place or a place open to the public or to minors under eighteen years of age or mentally handicapped, shall be punished with imprisonment from two to four years.
Articles 163 and 154 of the Penal Code (Código Penal) deal with estupro and make it illegal to use deception (engaño) or to take advantage of one's superiority (superioridad) that arises from a relationship in order to gain sexual access to teenagers aged between 15 and 18.
ESTUPRO
Art. 163.- El que tuviere acceso carnal por vía vaginal o anal mediante engaño, con persona mayor de quince años y menor de dieciocho años de edad, será sancionado con prisión de cuatro a diez años.[30]
Approximate translation: Art. 163. 'Anyone who has vaginal or anal intercourse, by using deception, with a person over fifteen and under eighteen years of age, shall be punished with imprisonment of four to ten years'.
ESTUPRO POR PREVALIMIENTO
Art. 164.- El que tuviere acceso carnal por vía vaginal o anal con persona mayor de quince y menor dieciocho años de edad, prevaliéndose de la superioridad originada por cualquier relación, será sancionado con prisión de seis a doce años.[30]
Approximate translation: Art. 164. 'Anyone who has vaginal or anal intercourse with a person over fifteen and under eighteen years of age, relying on the superiority arising from any relationship, shall be punished with imprisonment from six to twelve years.'
Greenland (Denmark)
The laws of Denmark, where applicable, apply.[32] See Ages of consent in Europe#Denmark.
Grenada
The age of consent in Grenada is 16. Penalties are 30 years' imprisonment if the victim is less than 14, and 15 years' imprisonment if the victim is 14 to 16 years of age.[33]
Guadeloupe (France)
Guatemala
In Guatemala, the age of consent is 18, regardless of sexual orientation and/or gender. The Law against Sexual Violence, Exploitation, and Trafficking in Persons was passed in February 2009, and provides sentences ranging from 13 to 24 years in prison, depending on the young persons age, for sex with a minor.[34]
Haiti
The age of consent in Haiti is 18.[35][further explanation needed]
Honduras
Honduras, the age of consent is considered to be 14.[36]
Article 142. The stupor of a person older than fourteen (14) and under eighteen (18) years taking advantage of trust, hierarchy or authority, is punishable by six (6) to eight (8) years of imprisonment.When rape is committed by deception is punishable by five (5) to seven (7) years of imprisonment.
Article 143. The sexual intercourse with parents or children, brothers, or relationship between adopter and adopted, with stepparent, when the victim is over eighteen (18) years constitutes the crime of incest, will be punished with four (4) to six (6) years of imprisonment and shall proceed under complaint by the injured party or his legal representative.When the victim is older than fourteen (14) and under eighteen (18) years, the penalty shall be increased in a medium (1/2).
Article 144. Whoever for sexual character and by force, intimidation or deceit abducts or retains a person shall be punished by imprisonment of four (4) to six (6) years.When the victim of this crime is a person under eighteen (18) years of age, it is punishable with the penalty prescribed in the preceding paragraph increased by half (1/2).
Jamaica
In Jamaica the age of consent is 16.
'Above twelve (12) and under sixteen (16)', Article 50, Offences Against the Person
' Whosoever shall unlawfully and carnally know and abuse any girl being above the age of twelve (12) years and under the age of sixteen (16) years shall be guilty of a misdemeanour, andbeing convicted thereof, shall be liable to imprisonment for a term not exceeding seven years;[37]
Martinique (France)
Mexico
Legislative framework
In Mexico, criminal legislation is shared between the federal and state governments. The federal law establishes the age of 12 as the minimum age of consent, while the age at which there are no restrictions for consensual sexual activities is 18 (sex with someone 12-18 is not illegal per se, but can still be open to prosecution under certain circumstances). Local state laws may override the federal law. In practice, the decision as to whether or not to prosecute is left to state authorities regardless of the younger person's age.At state level, the minimum ages of consent vary between 12 (and puberty in a few states) and 15, while the age at which there are no restrictions for consensual sexual activities vary from 16 to 18 (most common 18).
'Estupro'
Estupro is a crime existing across Mexico, as well as in other Latin American jurisdictions. Although the definitions vary by state, it is usually defined as sexual conduct with a child who has reached the minimum age of consent but is under 18 (16 or 17 in some states) when the consent of the child is obtained by seduction and/or deceit. For instance the law of Aguascalientes reads: 'El estupro consiste en realizar cópula con persona mayor de doce y menor de dieciséis años de edad, obteniendo su consentimiento por medio de seducción o engaño.' (translation: Estupro consists in copulating with a person over twelve and under sixteen years old, obtaining his/her consent through seduction or deceit). Traditionally, estupro applied only to acts committed with a girl, and required 'chastity' or 'honesty' of the girl. The vast majority of Mexican states have modernized their laws by removing the requirement of 'chastity' or 'honesty' and by making the laws gender neutral. However, traditional laws still exist in some states: for instance, the law of Baja California reads: Al que realice cópula con mujer de catorce años de edad y menor de dieciocho, casta y honesta, obteniendo su consentimiento por medio de la seducción o el engaño (translation: 'Whoever copulates with a chaste and honest female over fourteen and under eighteen years old, obtaining her consent through seduction or deceit'). All states but Baja California have removed the requirement of 'chastity' or 'honesty' and the definition of estupro as applicable only to girls. The exact type of coercion that must be used varies by state, for example the Federal Law only makes reference to 'deceit', omitting 'seduction' (it reads: Al que tenga cópula con persona mayor de doce años y menor de dieciocho, obteniendo su consentimiento por medio de engaño, translation: 'Whoever copulates with a person over twelve and under eighteen years old, obtaining his/her consent through deceit').[38][39]
Federal Law
Article 261 of the Federal Criminal Code (PDF) states that: 'Whoever, without the purpose of reaching copulation, performs a sexual act in a person under 12 or in a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist, or demands that the act is performed, will be punished with a term of 2 to 5 years in prison'. If the offender uses moral or physical violence, an extra half term is added to the initial time.
Article 266 refers to the previous article 265, which covers the rape of adults in general and establishes a term of 8 to 14 years in prison for sex obtained through physical or moral violence. Article 266 then states that: 'It is equivalent to rape and will be punished with the same penalty: (1st Clause) – who without violence performs a copulation with a person under 12'. The 3rd Clause of this article punishes with the same penalties also 'the vaginal or anal introduction of objects, without violence and with lascivious goals', in a person under 12 or in a person that has no capacity of understanding the meaning of the fact, or for any reason cannot resist. If any of the aforementioned acts is performed with physical or moral violence, the sentence is raised in up to a half.
A further article, 266 Bis, determines an extra penalty of up to a half under certain circumstances – (a) when there are multiple offenders; (b) when the offense is committed by a parent, legal guardian, stepfather or 'companion' (amasio) of the mother; (c) when there is an abuse of authority of someone as a civil servant; (d) when the crime is committed by a person who has the minor under their custody, guard or education, or yet through the abuse of trust.
There is another crime in Article 262 for consented sex with adolescents aged 12 to 18, when consent is obtained through deceit. The penalty is 3 months to 4 years in prison. This crime, however, is prosecuted only through a complaint of the minor or his/her parents or legal guardians, as determined in Article 263.
Artículo 262 del Código Penal: ' Al que tenga cópula con persona mayor de doce años y menor dedieciocho, obteniendo su consentimiento por medio de engaño, se le aplicará de tres meses a cuatroaños de prisión.'[40]
Translation: Article 262: 'Whoever copulates with a person over twelve and under eighteen years old, obtaining his/her consent through deceit'
Article 201 prohibits the 'corruption' of a minor under 16.[40]
Further reading:
- 'Official version - Mexican Chamber of Deputies website (PDF) (in Spanish)'(PDF). Archived from the original on 22 November 2007. Retrieved 18 February 2007.CS1 maint: BOT: original-url status unknown (link)
- 'Copy in HTML/PDF, browsable by section (in Spanish)'. Archived from the original on 7 August 2007. Retrieved 18 February 2007.CS1 maint: BOT: original-url status unknown (link)
- 'Interpol website (in Spanish)'. Archived from the original on 27 September 2001. Retrieved 3 June 2018.)
Local laws
Updated as of December 2018:
State | Minimum age of consent (sex with persons under this age is always illegal) | Age at which there are no restrictions (sex with persons below this age is not illegal per se, but it is still open to prosecution) | 'Violación equiparada' | 'Estupro' |
---|---|---|---|---|
Aguascalientes | 12 | 16 | 120 | 118 |
Baja California | 14 | 18 (chaste and honest females only) | 177 | 182 |
Baja California Sur | 12 | 18 | 286 | 290 |
Campeche | 14 | 18 | 162 | 164 |
Chiapas | 14 | 18 | 235 | 239 |
Chihuahua | 14 | 18 | 172 | 177 |
Coahuila | 15 | 18 | 229 | 235 |
Colima | 14 | 18 | 146 | 148 |
Distrito Federal | 12 | 18 | 181 bis | 180 |
Durango | 14 | 18 | 177 | 181 |
Guanajuato | 14 | 16 | 181 | 185 |
Guerrero | 12 | 18 | 179 | 187 |
Hidalgo | 15 | 18 | 180 | 185 |
Jalisco | 18 (15 if seduction is disproved) | 18 | 142-L, 142-M | 142-L, 142-M |
México | 15 | 18 | 273 | 271 |
Michoacán | 12 | 18 | 240 | 170 |
Morelos | 12 | 18 | 154 | 159 |
Nayarit | Puberty | 18 | 289 | 291 |
Nuevo León | 13 | 18 | 267 | 262 |
Oaxaca | 12 (estupro presumed under 15) | 18 | 247 | 243 |
Puebla | 12 (estupro presumed under 15) | 18 | 272 | 264, 265 |
Querétaro | 14 | 18 | 161 | 167 |
Quintana Roo | 14 | 18 | 127 | 130 |
San Luis Potosí | 14 | 18 | 173 | 179 |
Sinaloa | 12 | 18 | 180 | 184 |
Sonora | 12 | 18 | 219 | 215 |
Tabasco | 'Unable to understand' | 17 | 150 | 153 |
Tamaulipas | 12 | 18 | 275 | 270 |
Tlaxcala | 14 | 18 | 289 | 291 |
Veracruz | 'Adolescent' | 18 | 190 Quater | 189 |
Yucatán | 15 | 18 | 315 | 311 |
Zacatecas | 12 | 18 | 237.1 | 237.4 |
All Mexican states (as well as Mexico City) have corruption of minors statutes that can, upon complaint of the family (or minor), be used to punish sexual relations with persons under eighteen. Although actual prosecutions for violations of Corruption of Minors statutes (and age of consent statutes in general) tend to be sporadic, regional, and very situation dependent, many Mexican states nonetheless classify Corruption of Minors as a 'Delito Grave' (Major Crime) in their penal codes.
Additionally, all the states have 'Estupro' laws that can, upon complaint of the family (or minor), be used to prosecute adults who engage in sexual intercourse with minors by seduction or deceit (the exact definitions of this crime vary by state, see section estupro, above).
In some Mexican jurisdictions prosecutors have chosen to prosecute consensual sexual activity involving adults and underage minors only upon complaint by the minor, or a custodial complaint.
Federal District
The age of consent in the Federal District (Mexico City) is 12, one of the lowest in the world, and the overall criminal legislation of Mexico's capital is close to that of the federal law regarding this subject, although tougher in some aspects – higher penalties and broader definitions.
According to the Estatuto del Gobierno del Distrito Federal (PDF)(in Spanish) (Government Statute of the Federal District), Article 42, Clause XII, the District's Legislative Assembly has powers to legislate in criminal law.
Article 175 of the Federal District Criminal Code refers to the previous Article 174, which stipulates a term of 6 to 17 years of prison for the rape of adults, while defining copulation as 'the introduction of the penis in the human body through the vagina, anus or mouth'. Article 175 (violación) then states that: 'It is equivalent to rape and will be punished with the same penalty:' (first clause) – 'who performs a copulation with a person under 12 years of age or with a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist'; the second clause defines whosoever 'introduces in the vagina or anus any element, instrument or any part of the human body different from the penis' as having committed the same crime, in relation to these same persons.
Article 177 covers 'sexual abuse' and punishes other acts referred as 'unintentional' acts –'who without purpose of reaching copulation, performs a sexual act with a person under 12 or a person that has no capacity of understanding the meaning of the act or that for any reason cannot resist it, or that demands that such act is observed or performed, will be punished with 2 to 7 years in prison'.
In both Articles (175 and 177), there is an extra half term in case of physical or moral violence. And according to Article 178, there is also a punishment of an extra two thirds of the term under the same circumstances foreseen in Article 266 Bis of the Federal Law (see above), added by two new circumstances – (clause V) when the victim is inside a private vehicle or a public service vehicle; and (clause VI) when the crime is committed in a desert or isolated place.
There is a crime called estupro stipulated in Article 180, which refers to consented sex with adolescents aged 12 to 18, when consent is obtained through any means of deceit. The penalty is 6 months to 4 years of prison. This crime needs a complaint (querella) to be prosecuted.
There is a Corruption of Minors statute (Article 184) that can be used to punish by imprisonment, for seven to twelve years, adults who engage in sexual relations with persons under eighteen. This situation exists all over Mexico, and can be prosecuted upon complaint of victim or the victim's family.
Montserrat (United Kingdom)
The age of consent in Montserrat is 16.[41]
Unlawful sexual intercourse with girl under age of sixteen
121.(1) Subject to the provisions of the section, a man who has unlawfulsexual intercourse with a girl above the age of thirteen and under the age ofsixteen shall be guilty of an offence and liable to imprisonment for twoyears.
(2) It is immaterial in the case of a charge for an offence under thissection that the intercourse was had with the consent of the girl concerned.
Indecent assault on a woman
122.(1) Subject to the provisions of this section, any man who makes anindecent assault on a woman shall be guilty of an offence and liable— (...)
(2) A girl under the age of sixteen years cannot in law give consentwhich would prevent an act being an assault for the purposes of thissection.
Nicaragua
In Nicaragua, the age of consent is 18, although, in regard to young people 16-17, the law (Article 175) is not clear cut.
Article 170. Statutory rape[42]
Anyone who is married or in a stable de facto union or who is of age and who, without violence or intimidation, has or allows carnal access with a person aged between 14 and 16 shall be sentenced to imprisonment for a period of two to four years.
Article 175. Sexual exploitation, pornography and paid sexual acts with adolescents
Anyone who induces, provides, promotes or uses persons aged under 16 or a disabled person for sexual or erotic purposes, forcing them to witness or participate in an act or show in public or in private, even if the victim consents to witness or participate in such an act, shall be sentenced to imprisonment for a period of five to seven years, or four to six years if the victim is aged between 16 and 18.
(...)
Article 168. Rape of children under the age of 14
Anyone who has or allows carnal access with a person aged under 14 or who, for sexual purposes, inserts or forces the victim to insert a finger, object or instrument, by way of the vagina, anus or mouth, with or without consent, shall be sentenced to imprisonment for a period of 12 to 15 years.
Article 172. Sexual abuse
Anyone who engages in lewd acts with or improper touching of another person, without their consent, (...)
In no circumstances shall the victim be considered to have given consent if the victim is under the age of 14 or has a mental disability or illness.
Panama
In Panama, the age of consent is in general 18, although sexual conduct with children aged 14 to 18 is not always illegal.[43]
Artículo 176. Quien, valiéndose de una condición de ventaja, logre acceso sexual con persona mayor de catorce años y menor de dieciocho, aunque medie consentimiento, será sancionado con prisión de dos a cuatro años
Translation: Article 176. Whoever, using a condition of advantage, achieves sexual intercourse with a person over fourteen and under eighteen, even with consent, shall be punished with imprisonment from two to four years
This does not apply if the age difference is less than 5-years and the partners are in a stable couple relationship.
No se aplicarán las sanciones señaladas en este artículo cuando entre la víctima y el agente exista una relación de pareja permanente debidamente comprobada y siempre que la diferencia de edad no supere loscinco años.
Translation: The sanctions provided in this article do not apply if there is a couple relationship duly established between the victim and the agent, and the age difference does not exceedfive years.
Puerto Rico (United States)
The age of consent in Puerto Rico is 16. There is a 4-year close-in-age exception subject to a minimum age of 14.[44]
Article 130.- Sexual Assault.- Any person who performs sexual penetration, whether an orogenital act or vaginal or anal sex penetration, whether genital, digital, or instrumental ... shall be punished...when the victim has not attained the age of sixteen (16) years, except when the victim is over fourteen (14) years old and the age difference between the victim and the accused is four (4) years or less.
Article 133.- Lewd Acts.- Any person who, without the intention to consummate the crime of sexual assault described in Article 130, subjects another person to an act that tends to awaken, excite or satisfy the sexual passion or desire of the accused ... shall be punished ... when the victim has not attained the age of sixteen (16) years at the time of the act.
Saint Kitts and Nevis
The age of consent in Saint Kitts and Nevis is 16.[45]
Saint Lucia
The age of consent in Saint Lucia is 16.[46]
Saint Vincent and the Grenadines
The age of consent in Saint Vincent and the Grenadines is 15.[47] The penalty for statutory rape of a girl over 13 but under 15 is five years' imprisonment; under 13 it is life imprisonment.[48]
Sint Maarten (Netherlands)
The age of consent in Sint Maarten is 15, as specified by the Criminal Code of the Netherlands Antilles (which Sint Maarten did not change after the dissolution of the Netherlands Antilles), Articles 251, which reads:
Art 251: 1. 'A person who, out of wedlock, with a person who has reached the age of twelve but has not reached fifteen, performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than sixteen years'.[27]
Prosecution for the violation of the above article only takes place upon a 'complaint' by the minor, his parents, teacher, or the guardianship board (Art 251, 2. 3. 4.)[49]
Trinidad and Tobago
The age of consent in Trinidad and Tobago is 18, as per the Children Act, 2012.[50] It was raised from 16 to 18 in 2015.[51]
The Children Act, 2012 defines a 'child' as 'a person under the age of eighteen years'.
18. Subject to section 20, a person who sexually penetrates a child commits an offence and is liable on conviction on indictment, to imprisonment for life.
19. (1) Subject to section 20, where a person touches a child and–(a) the touching is sexual; and(b) the child is under sixteen years of age,the person commits an offence.
(2) A person who commits an offence under subsection (1) is liable–(a) on summary conviction, to a fine of fifty thousand dollars and to imprisonment for ten years; or(b) on conviction on indictment, to imprisonment for twenty years.(3) Where a person commits an offence under subsection (1), and the touching involves the placing of any body part or of an object onto the penis or bodily orifice of a child, that person is liable on conviction on indictment to imprisonment for life.
Three close-in-age exemptions exist, as per section 20:
20. (1) A person sixteen years of age or over but under twenty-one years of age is not liable under section 18 if–(a) he is less than three years older than the child against whom he is purported to have perpetrated the offence;(b) he is not in a familial relationship with the child nor in a position of trust in relation to the child;(c) he is not of the same sex as the child; and(d) the circumstances do not reveal any element of exploitation, coercion, threat, deception, grooming or manipulation in the relationship.
(2) A person fourteen years of age or over but under sixteen years of age is not liable under section 18 or 19 if–(a) he is less than two years older than the child against whom he is purported to have perpetrated the offence;(b) he is not in a familial relationship with thechild nor in a position of trust in relation tothe child;(c) he is not of the same sex as the child; and(d) the circumstances do not reveal anyelement of exploitation, coercion, threat,deception, grooming or manipulation in therelationship.
(3) A person twelve years of age or over but under fourteen years of age is not liable under section 18 or 19 if–(a) he is less than two years older than the child against whom he is purported to have perpetrated the offence;(b) he is not in a familial relationship with the child nor in a position of trust in relation to the child;(c) he is not of the same sex as the child; and(d) the circumstances do not reveal any element of exploitation, coercion, threat, deception, grooming or manipulation in the relationship.
United States
In the United States, the age of consent laws are made at the state, territorial, and federal district levels. There exist several federal statutes related to protecting minors from sexual predators, but none of them imposes an age limit on sexual acts. On 26 June 2003, both heterosexual and homosexual sodomy became legal in all U.S. states, territories, and the District of Columbia under the U.S. Supreme Court decision Lawrence v. Texas[52] (between non-commercial, consenting adults in a private bedroom). In State v. Limon (2005), the Kansas Supreme Court used Lawrence as a precedent to overturn the state's 'Romeo and Juliet' law, which proscribed lesser penalties for heterosexuals than homosexuals convicted of similar age of consent related offenses.[53]
Each U.S. state has its own age of consent, as does the District of Columbia. As of August 1, 2018, the age of consent in each state in the United States was either 16 years of age, 17 years of age, or 18 years of age. The most common age of consent is 16.[54]
Virgin Islands (United States)
The age of consent is 18. There is however a close-in-age exemption that allows minors 16 and 17 years old to consent with someone no more than five years older than themselves and minors 13 to 15 years old to consent with one another, but not with anyone 16 or over.
Article § 1700. Aggravated rape in the first degree bans sexual intercourse or sodomy with a child under 13. Sexual acts with minors are aggravated by the use of force, intimidation, or the perpetrator's position of authority, and by the fact that the minor, being under 16 and not the perpetrator's spouse, is residing in the same household as the perpetrator.(see Article § 1700, Article § 1702, Article § 1708).
Other relevant articles of the criminal code are:
- § 1702. Rape in the second degree
(a) Any person over 18 years of age who perpetrates under circumstances not amounting to rape in the first degree, an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is at least 16 years but less than 18 years of age, and the perpetrator is 5 years or older than the victim, is guilty of rape in the second degree and shall be imprisoned not more than 10 years.
- § 1703. Rape in the third degree
Any person under 18 years of age but over 16 years of age who perpetrates an act of sexual intercourse or sodomy with a person not the perpetrator's spouse who is under 16 years of age but over 13 years of age, under circumstances not amounting to rape in the first degree, is guilty of rape in the third degree and shall be subject to the jurisdiction of the Family Division of the Superior Court
'Sexual contact', that is, non-penetrative sex, defined as 'the intentional touching of a person's intimate parts, whether directly or through clothing, to arouse or to gratify the sexual desires of any person' is not permitted with children under 16, but a close-in-age exemption allows those aged at least 13 to engage in such acts with partners under 18.
- § 1708. Unlawful sexual contact in the first degree
A person who engages in sexual contact with a person not the perpetrator's spouse—(..)(2) when the other person is under thirteen years of age;
- § 1709. Unlawful sexual contact in the second degree
A person over eighteen years of age who engages in sexual contact with a person not the perpetrator's spouse who is over thirteen but under sixteen years of age is guilty of unlawful sexual contact in the second degree and shall be imprisoned not more than 1 yearParaphrasing Virgin Islands Code: V.I.C. § 1700-1709 Virgin Islands Codeand appeals records Francis vs. VINOTE: 'mistake of fact as to the victim's age is not a defense'.
See also
References
- ^'Mexico Age of Consent & Statutory Rape Laws'. www.ageofconsent.net. Retrieved 13 June 2019.
- ^Murdoch, Kieron (13 March 2017). 'CARIBBEAN: Magistrate says do not tolerate pre-consent aged teens having sex'. St. Lucia News Online. Retrieved 22 August 2018.
- ^'Archived copy'(PDF). Archived(PDF) from the original on 3 March 2012. Retrieved 11 February 2010.CS1 maint: Archived copy as title (link)
- ^United Nations High Commissioner for Refugees. 'Refworld | 2003 Findings on the Worst Forms of Child Labor - Antigua and Barbuda'. UNHCR. Archived from the original on 10 October 2012. Retrieved 16 February 2011.
- ^'Anguilla Laws'. Anguilla Laws. Archived from the original on 31 March 2012. Retrieved 10 August 2012.
- ^'Wetboek van Aruba' (in Dutch). Government of Aruba. Retrieved 25 April 2011.[permanent dead link]
- ^Art. 16Archived 11 October 2007 at the Wayback Machine
- ^'The Government of The Bahamas - Home'. Laws.Bahamas.gov.bs. Archived from the original on 11 October 2007. Retrieved 16 February 2011.
- ^'Microsoft Word - Barbados template start.doc'(PDF). Archived from the original(PDF) on 29 February 2008. Retrieved 16 February 2011.
- ^ ab'CAP 101 CRIMINAL CODE ACT'(PDF). Archived(PDF) from the original on 16 May 2011. Retrieved 16 February 2011.
- ^ ab'Criminal Code (Amendment) (No. 2) Bill, 2013'(PDF). Archived(PDF) from the original on 20 September 2016. Retrieved 20 August 2016.
- ^'Caribbean GBV Law Portal: Country Resources: British Virgin Islands - UN Women – Multi-Country Office – Caribbean'. Field Office Caribbean. Archived from the original on 11 March 2015.
- ^'Canada's age of consent raised by 2 years'. CBC News. 1 May 2008. Archived from the original on 2 May 2008.
- ^SACC Website Team. 'Sexual Assault Care Centre: Since You Asked: The Law - SACC provides emergency nurse, medical care, information thoughts feelings collect physical evidence help legal'. Sacc.to. Archived from the original on 14 April 2011. Retrieved 16 February 2011.
- ^'Criminal Code (R.S., 1985, c. C-46), Section 159, Subsection (1)'. Department of Justice Canada. 21 May 2010. Archived from the original on 4 December 2011.
- ^'''R v CM', 1995 CanLII 8924 (ON C.A.)'. Canlii.org. Archived from the original on 14 January 2016. Retrieved 10 August 2012.
- ^'''R c Roy', 1998 CanLII 12775 (QC C.A.)'. Canlii.org. Archived from the original on 14 January 2016. Retrieved 10 August 2012.
- ^'''R v Roth', 2002 ABQB 145'. Canlii.org. Archived from the original on 14 January 2016. Retrieved 10 August 2012.
- ^Weber, Terry (22 June 2006). 'Tories move to raise age of consent'. Globe and Mail. Archived from the original on 22 August 2006.
- ^Social Laws of Canada and Ontario summarised for the use of Children's Aid Societies and Social Workers, 1914
- ^ ab'Canada's legal age of consent to sexual activity (PRB 99-3E)'. Dsp-psd.tpsgc.gc.ca. Archived from the original on 6 July 2011. Retrieved 16 February 2011.
- ^'Archived copy'(PDF). Archived from the original(PDF) on 23 March 2012. Retrieved 24 April 2011.CS1 maint: Archived copy as title (link)
- ^'Wetboek van Strafrecht bes'. Government of the Netherlands. 15 December 2010. Archived from the original on 24 July 2011. Retrieved 24 April 2011.
- ^.https://www.cia.gov/library/publications/the-world-factbook/geos/ip.htmlArchived 21 November 2016 at the Wayback Machine
- ^'Costa Rica fortalece medidas para proteger a las personas menores de edad mediante la Ley de Relaciones Impropias'. Presidencia de la República de Costa Rica (in Spanish). 19 January 2017. Retrieved 8 April 2019.
- ^'Official Gazette of the Republic of Cuba'. gacetaoficial.cu. March 1999. Archived from the original on 2 April 2016. Retrieved 23 March 2016.
- ^ ab'Wetboek van de Nederlandse Antillen' (in Dutch). Government of the Netherlands. Retrieved 24 April 2011.
- ^'Internet / Home - INTERPOL'(PDF). interpol.int. Archived from the original(PDF) on 29 February 2008.
- ^'2009 Human Rights Report: Dominican Republic'. State.gov. 11 March 2010. Archived from the original on 28 February 2011. Retrieved 16 February 2011.
- ^ abcdef'El Salvador Penal Code'. Archived from the original on 11 January 2012. Retrieved 10 February 2010.CS1 maint: BOT: original-url status unknown (link)
- ^'Microsoft Word - El Salvador.doc'. Archived from the original(PDF) on 4 March 2016. Retrieved 10 December 2015.
- ^'CIA - The World Factbook'. Cia.gov. Archived from the original on 13 October 2013. Retrieved 10 August 2012.
- ^'Country Reports on Human Rights Practices – 2013 Human Rights Reports: Grenada'. U.S. Department of State. 27 February 2014.
- ^'2009 Human Rights Reports: Guatemala'. State.gov. 11 March 2010. Archived from the original on 12 February 2011. Retrieved 16 February 2011.
- ^'2009 Human Rights Report: Haiti'. State.gov. 11 March 2010. Archived from the original on 17 February 2011. Retrieved 16 February 2011.
- ^''CÓDIGO PENAL'(PDF). Archived(PDF) from the original on 11 July 2015. Retrieved 7 March 2016..' [[Can judiciary of Honduras Republic]]RAPE, statutory rape, indecent assault, kidnappingArticle 140. It is an offense of rape: sexual intercourse with a person of either sex through violence or threat of causing the taxpayer's spouse or domestic partner he or one of his relatives within the fourth (4th) degree of consanguinity or second (2nd) affinity serious and imminent harm.For purposes of this article shall mean sexual intercourse, which have vaginal, anal or oral route. It will be punishable with ten (10) to fifteen (15) years of imprisonment.They are special cases of rape sexual intercourse with a person of either sex when without any violence or threats, meet any of the following circumstances. Such cases shall be punishable by fifteen (15) to twenty (20) years of imprisonment and are as follows:1) When the victim is under fourteen (14) years of age;2) When the victim is found deprived of reason or will or when for any reason can not resist;3) When the active to commit the crime of rape intentionally diminishes or abolishes the will of the victim using this narcotic or psychotropic substances, including alcohol or committed the violation finding the taxpayer in the previous situation subject;.Article 141. commit acts of lust, who taking advantage of the conditions or using the means indicated in the preceding article makes victim to another or others in acts of lust other than sexual intercourse shall be punished with imprisonment of five (5) to eight (8) years.When the victim is under fourteen (14) years even if you have consented to the act or being older the taxable person suffers from a mental illness or incomplete mental development or retardation or private has reason or will or when by any cause can not resist the previous sentence is increased by half (1/2).When acts of lust consisting in the insertion of objects or instruments of any nature in the sexual organs or other natural orifices or artificial simulating the sexual organs of the taxpayer body, the offender shall be punished with imprisonment of ten (10) fifteen (15) years.'
- ^'Microsoft Word - JAMAICA TEMPLATE START.doc'(PDF). Archived from the original(PDF) on 29 February 2008. Retrieved 16 February 2011.
- ^'Archived copy'(PDF). Archived(PDF) from the original on 4 March 2016. Retrieved 10 November 2014.CS1 maint: Archived copy as title (link)
- ^'Archived copy'. Archived from the original on 1 December 2016. Retrieved 10 November 2014.CS1 maint: Archived copy as title (link)
- ^ ab'Microsoft Word - MEXICO TEMPLATE START.doc'(PDF). Archived from the original(PDF) on 29 February 2008. Retrieved 16 February 2011.
- ^'Archived copy'(PDF). Archived from the original(PDF) on 23 March 2012. Retrieved 25 April 2011.CS1 maint: Archived copy as title (link)
- ^'1040903'. googleusercontent.com. Archived from the original on 2 April 2012.CS1 maint: BOT: original-url status unknown (link)
- ^'Texto Único del Código Penal de la República de Panamá'(PDF). Archived from the original(PDF) on 9 May 2016. Retrieved 22 March 2016.
- ^'Código Penal de Puerto Rico (2012-146)'(PDF). 30 July 2012. Archived(PDF) from the original on 7 February 2017. Retrieved 20 May 2017.
- ^'2009 Human Rights Report: Saint Kitts and Nevis'. State.gov. 26 January 2010. Archived from the original on 28 February 2011. Retrieved 16 February 2011.
- ^'2009 Human Rights Report: Saint Lucia'. State.gov. 11 March 2010. Archived from the original on 28 February 2011. Retrieved 16 February 2011.
- ^United Nations High Commissioner for Refugees. 'Refworld | Saint Vincent and the Grenadines: Prevalence of abuse against children, including sexual abuse; laws concerning abuse against children; availability of facilities for abused children'. UNHCR. Archived from the original on 15 October 2012. Retrieved 16 February 2011.
- ^'2009 Human Rights Report: Saint Vincent and the Grenadines'. State.gov. 11 March 2010. Archived from the original on 28 February 2011. Retrieved 16 February 2011.
- ^http://decentrale.regelgeving.overheid.nl/cvdr/XHTMLoutput/Historie/Nederlandse%20Antillen/2364/2364_1.html[permanent dead link]
- ^'Act No. 12 of 2012'(PDF). ttparliament.org. Archived(PDF) from the original on 4 February 2016.
- ^Bruzual, Alexander (13 September 2015). 'Age of sexual consent raised to 18'. Trinidad Express. Archived from the original on 17 September 2015. Retrieved 15 September 2018.
- ^'Archived copy'. Archived from the original on 15 November 2016. Retrieved 2 November 2013.CS1 maint: Archived copy as title (link)
- ^'85898 - State v. Limon - Luckert - Kansas Supreme Court'. Kscourts.org. Archived from the original on 19 May 2011. Retrieved 16 February 2011.
- ^'Age of Consent across the United States'. AgeOfConsent.net. Retrieved 1 August 2018.
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Portals |
Consent occurs when one person voluntarily agrees to the proposal or desires of another.[1] It is a term of common speech, but may have more specific definitions in such fields as the law, medicine, research, and sexual relationships.
Types of consent include implied consent, expressed consent, informed consent and unanimous consent. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law. United Nations agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial.[2]
- 6Sexual activity
Types[edit]
- Implied consent is a form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). Some examples include implied consent to follow rules and/or regulations at an education institution and the implied consent to physical contact by participants in a hockey game.
- Expressed consent is clearly and unmistakably stated, rather than implied. It may be given in writing, by speech (orally), or non-verbally, e.g. by a clear gesture such as a nod. Non-written express consent not evidenced by witnesses or an audio or video recording may be disputed if a party denies that it was given.
- Informed consent in medicine is consent given by a person who has a clear appreciation and understanding of the facts, implications, and future consequences of an action. The term is also used in other contexts, such as in social scientific research, when participants are asked to affirm that they understand the research procedure and consent to it.
- Unanimous consent, or general consent, by a group of several parties (e.g., an association) is consent given by all parties.
- Substituted consent, or the substituted judgment doctrine, allows a decision maker to attempt to establish the decision an incompetent person would have made if he or she were competent.[3]
Tort[edit]
Consent can be either expressed or implied. For example, participation in a contact sport usually implies consent to a degree of contact with other participants, implicitly agreed and often defined by the rules of the sport.[4] Another specific example is where a boxer cannot complain of being punched on the nose by an opponent; implied consent will be valid where the violence is ordinarily and reasonably to be contemplated as incidental to the sport in question.[5] Express consent exists when there is oral or written agreement, particularly in a contract. For example, businesses may require that persons sign a waiver (called a liability waiver) acknowledging and accepting the hazards of an activity. This proves express consent, and prevents the person from filing a tort lawsuit for unauthorised actions.
In English law, the principle of volenti non fit injuria applies not only to participants in sport, but also to spectators and to any others who willingly engage in activities where there is a risk of injury. Consent has also been used as a defense in cases involving accidental deaths during sex, which occur during sexual bondage. Time (May 23, 1988) referred to this latter example, as the 'rough-sex defense'. It is not effective in English law in cases of serious injury or death.
As a term of jurisprudence prior provision of consent signifies a possible defence (an excuse or justification) against civil or criminal liability. Defendants who use this defense are arguing that they should not be held liable for a tort or a crime, since the actions in question took place with the plaintiff or 'victim's' prior consent and permission.[citation needed]
Medicine[edit]
The question of consent is important in medical law. For example, a medical practitioner may be liable for harm to a patient by a procedure which was not consented to. There are exemptions, such as when the patient is unable to give consent.[3]
Also, a medical practitioner must explain the significant risks of a procedure (those that might change the patient's mind about whether or not to have it) before the patient can give binding consent. This was explored in Australia in Rogers v Whitaker.[6] If a practitioner does not explain a material risk that subsequently eventuates, then that is considered negligent.[7] These material risks include the loss of chance of a better result if a more experienced surgeon had performed the procedure.[8]In the UK, a Supreme Court judgment[9] modernised the law on consent and introduced a patient-focused test to UK law: allowing the patient rather than the medical professionals to decide upon the level of risk they wish to take in terms of a particular course of action, given all the information available. This change reflects the Guidance of the General Medical Council on the requirement to consent patients, and removes the rule of medical paternalism.[10]
Social science research[edit]
Social scientists are generally required to obtain informed consent from research participants before asking interview questions or conducting an experiment. Federal law governs social science research that involves human subjects, and tasks institutional review boards (IRBs) at universities, federal or state agencies, and tribal organizations to oversee social science research that involves human subjects and to make decisions about whether or not informed consent is necessary for a social scientific study to go forward. Informed consent in this context generally means explaining the study's purpose to research participants and obtaining a signed or verbal affirmation that the study participants understand the procedures to be used and to consent to participate in the study.[11]:51–55
Some types of social scientific research, such as psychological experiments, may use deception as part of the study; in these cases, researchers may not fully describe the procedures to participants, and thus participants are not fully informed. However, researchers are required to debrief participants immediately after the experiment is concluded. Certain populations are considered to be vulnerable, and in addition to informed consent, special protections must be made available to them. These include persons who are incarcerated, pregnant women, persons with disabilities, and persons who have a mental disability. Children are considered unable to provide informed consent.[11]:51–55
Planning law[edit]
Some countries, such as New Zealand with its Resource Management Act and its Building Act, use the term 'consent' for the legal process that provide planning permission for developments like subdivisions, bridges or buildings. Achieving permission results in getting 'Resource consent' or 'Building consent'.
Sexual activity[edit]
In Canada 'consent means…the voluntary agreement of the complainant to engage in sexual activity' without abuse or exploitation of 'trust, power or authority', coercion or threats.[12] Consent can also be revoked at any moment.[13]
Sexual consent plays an important role in defining what sexual assault is, since sexual activity without consent by all parties is considered rape.[14][15] In the late 1980s, academic Lois Pineau argued that we must move towards a more communicative model of sexuality so that consent becomes more explicit and clear, objective and layered, with a more comprehensive model than 'no means no' or 'yes means yes'.[16] Many universities have instituted campaigns about consent. Creative campaigns with attention-grabbing slogans and images that market consent can be effective tools to raise awareness of campus sexual assault and related issues.[17]
Since the late 1990s, new models of sexual consent have been proposed. Specifically, the development of 'yes means yes' and affirmative models, such as Hall's definition: 'the voluntary approval of what is done or proposed by another; permission; agreement in opinion or sentiment.'[13] Hickman and Muehlenhard state that consent should be 'free verbal or nonverbal communication of a feeling of willingness' to engage in sexual activity.'[18] Affirmative consent may still be limited since the underlying, individual circumstances surrounding the consent cannot always be acknowledged in the 'yes means yes', or in the 'no means no', model.[14]
Some individuals are unable to give consent. Children or minors below a certain age, the age of sexual consent in that jurisdiction, are deemed not able to give valid consent by law to sexual acts. Likewise, persons with Alzheimer's disease or similar disabilities may be unable to give legal consent to sexual relations even with their spouse.[19]
Within literature, definitions surrounding consent and how it should be communicated have been contradictory, limited or without consensus.[14][15] Roffee argued that legal definition needs to be universal, so as to avoid confusion in legal decisions. He also demonstrated how the moral notion of consent does not always align with the legal concept. For example, some adult siblings or other family members may voluntarily enter into a relationship, however the legal system still deems this as incestual, and therefore a crime.[20] Roffee argues that the use of particular language in the legislation regarding these familial sexual activities manipulates the reader to view it as immoral and criminal, even if all parties are consenting.[21] Similarly, some children under the legal age of consent may knowingly and willingly choose to be in a sexual relationship. However the law does not view this as legitimate. Whilst there is a necessity for an age of consent, it does not allow for varying levels of awareness and maturity. Here it can be seen how a moral and a legal understanding do not always align.[22]
Initiatives in sex education programs are working towards including and foregrounding topics of and discussions of sexual consent, in primary, high school and college Sex Ed curricula. In the UK, the Personal Social Health and Economic Education Association (PSHEA) is working to produce and introduce Sex Ed lesson plans in British schools that include lessons on 'consensual sexual relationships,' 'the meaning and importance of consent' as well as 'rape myths'.[23] In U.S., California-Berkeley University has implemented affirmative and continual consent in education and in the school's policies.[24] In Canada, the Ontario government has introduced a revised Sex Ed curriculum to Toronto schools, including new discussions of sex and affirmative consent, healthy relationships and communication.[25] Many universities have instituted campaigns about consent. Creative campaigns with attention-grabbing slogans and images that market consent can be effective tools to raise awareness of campus sexual assault and related issues.[17]
Affirmative consent[edit]
Affirmative consent (enthusiastic yes) is when both parties agree to sexual conduct, either through clear, verbal communication or nonverbal cues or gestures.[26] It involves communication and the active participation of people involved. This is the approach endorsed by colleges and universities in the U.S.,[27] which describe consent as an 'affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity.' According to Yoon-Hendricks, a staff writer for Sex, Etc., 'Instead of saying 'no means no,' 'yes means yes' looks at sex as a positive thing.' Ongoing consent is sought at all levels of sexual intimacy regardless of the parties' relationship, prior sexual history or current activity ('Grinding on the dance floor is not consent for further sexual activity,' a university policy reads).[26] By definition, affirmative consent cannot be given if a person is intoxicated, unconscious or asleep.
There are 3 pillars often included in the description of sexual consent, or 'the way we let others know what we're up for, be it a good-night kiss or the moments leading up to sex.'
They are:
- Knowing exactly what and how much I'm agreeing to
- Expressing my intent to participate
- Deciding freely and voluntarily to participate[26]
To obtain affirmative consent, rather than waiting to say or for a partner to say 'no', one gives and seeks an explicit 'yes'. This can come in the form of a smile, a nod or a verbal yes, as long as it's unambiguous, enthusiastic and ongoing. 'There's varying language, but the language gets to the core of people having to communicate their affirmation to participate in sexual behavior,' said Denice Labertew of the California Coalition Against Sexual Assault.[26] 'It requires a fundamental shift in how we think about sexual assault. It's requiring us to say women and men should be mutually agreeing and actively participating in sexual behavior.'[26]
See also[edit]
Wikiquote has quotations related to: Consent |
- Sociocracy (decision-making by consent)
References[edit]
- ^'Home : Oxford English Dictionary'. www.oed.com. Retrieved 2016-03-24.
- ^International technical guidance on sexuality education: An evidence-informed approach(PDF). Paris: UNESCO. 2018. p. 56. ISBN978-92-3-100259-5.
- ^ abGarner, Bryan (2011). Black's Law Dictionary. West Publishing Co. p. 726.
- ^Example of permitted and regulated contact in sport - BBC Sport: Rugby Union: '... you can tackle an opponent in order to get the ball, as long as you stay within the rules.'
- ^Pallante v Stadiums Pty Ltd (No 1)[1976] VicRp 29, [1976] VR 331 at 339, Supreme Court (Vic, Australia).
- ^Rogers v Whitaker[1992] HCA 58, (1992) 175 CLR 479, High Court (Australia).
- ^Chester v Afshar[2004] UKHL 41, [2005] 1 AC 134, House of Lords (UK).
- ^Chappel v Hart[1998] HCA 55, (1998) 195 CLR 232, High Court (Australia).
- ^Montgomery v Lanarkshire Health Board[2015] UKSC 11, [2015] AC 1430, Supreme Court (UK).
- ^'Supreme Court decision changes doctor-patient relationship forever - Balfour+Manson'. www.balfour-manson.co.uk.
- ^ abChambliss, Daniel F.; Schutt, Russell K. (2016). Making sense of the social world: methods of investigation (Fifth ed.). Los Angeles: Sage. ISBN9781483380612. OCLC890179806.
- ^Criminal Code, Canadian (2015). 'Canadian Criminal Code'. Retrieved March 13, 2015.
- ^ abHall, David S. (10 August 1998). 'Consent for Sexual Behavior in a College Student Population'. Electronic Journal of Human Sexuality. 1.
- ^ abcRoffee, James A. (2015). 'When Yes Actually Means Yes'. Roffee James A., 'When Yes Actually Means Yes: Confusing Messages and Criminalising Consent' in Rape Justice: Beyond the Criminal Law eds. Powell A., Henry N., and Flynn A., Palgrave, 2015. pp. 72–91. doi:10.1057/9781137476159_5. ISBN978-1-349-57052-2.
- ^ abBeres. A, Melanie (18 January 2007). ''Spontaneous' Sexual Consent: An Analysis of Sexual Consent Literature'. Feminism & Psychology. 17 (93): 93. doi:10.1177/0959353507072914.
- ^Pineau, Lois (1989). 'Date Rape: A Feminist Analysis'. Law and Philosophy. 8 (217).
- ^ abThomas KA, Sorenson SB, Joshi M. 'Consent is good, joyous, sexy': A banner campaign to market consent to college students. Journal of American College Health. 2016; 64(8):639-650
- ^Hickman, S.E. and Muehlenhard, C.L. (1999) 'By the Semi-mystical Appearance of a Condom': How Young Women and Men Communicate Sexual Consent in Heterosexual Situations', The Journal of Sex Research 36: 258–72.
- ^Pam Belluck (April 22, 2015). 'Iowa Man Found Not Guilty of Sexually Abusing Wife With Alzheimer's'. The New York Times. Retrieved April 23, 2015.
- ^Roffee, J. A. (2014). 'No Consensus on Incest? Criminalisation and Compatibility with the European Convention on Human Rights'. Human Rights Law Review. 14 (3): 541–572. doi:10.1093/hrlr/ngu023.
- ^Roffee, James A. (2014). 'The Synthetic Necessary Truth Behind New Labour's Criminalisation of Incest'. Social & Legal Studies. 23: 113–130. doi:10.1177/0964663913502068.
- ^Roffee, James A. (2015). 'When Yes Actually Means Yes'. Roffee, James (2015). When Yes Actually Means Yes in Rape Justice. 72 - 91. doi:10.1057/9781137476159.0009. ISBN9781137476159.
- ^Rawlinson, Kevin (9 March 2015). ''Plans for sexual consent lessons in schools 'do not go far enough'. Retrieved March 13, 2015.
- ^Grinberg, E. (29 September 2014). 'Enthusiastic yes in sex consent education'. Retrieved March 13, 2015.
- ^Rushowy, Kristin (25 February 2015). 'In Ontario sex ed, consent the hot issue'. Retrieved March 10, 2015.
- ^ abcdeGrinberg, E. (29 September 2014). 'Enthusiastic yes in sex consent education'. Retrieved March 10, 2015.
- ^'...affirmative consent standards have been adopted at colleges across the nation, including every ivy league university except Harvard. 'Affirmative consent: A primer' Christine Emba Washington Post Oct 12 2015 https://www.washingtonpost.com/news/in-theory/wp/2015/10/12/affirmative-consent-a-primer/