Sexual Consent

Consent is the age at which a minor may maintain a civil sexual relationship with an adult without the adult commits a criminal offense punishable.

Beyond this limit, the major sex therefore falls more specific laws to protect children and fight against child sexual abuse , but any laws regulating sex between adults.

Majority and sexual consent

Internationally, the term most used is the "age of consent (age of consent). We define the age of consent as the minimum age at which a person may have sex willingly.

In fact, most sex is not exactly an age of consent, adults may be sentenced for having sex with people without sexual consent, although otherwise it is considered that these minors can consent to sex: first, because relations between minors is lawful, on the other hand, because the sexual abuse of a minor without consent is an act more severely punished if he agrees.

For example, in France, the consent is set at 15 years (16 years in Switzerland, 13 years in Spain) except in cases of particular vulnerability of minors. Consensual sexual relationship with a child under 15 years ^{The corruption of a minor}

The statutory rape is often confused with issues of sexual relations between adults and minors. The statutory rape is the crime constituted by the act of removing a minor to adults in authority over him . It is independent of whether the robber had sex with the minor removed, and can be made only through sexual intercourse if there is no removal (or not made).

The statutory rape refers to the majority, non-sexual.

The confusion stems in part from the fact that if a minor leaves the family home against the wishes of his parents to live with the person with whom he has an affair, although that person may be charged for statutory rape, and even If the minor was over 15 years (age of sexual past, not civil majority) is the only possible charge. It therefore follows that reason that parents can try to indict the lover (e) of their child if it was over 15 years - there is a famous example in this area, resulting in a relaxed because the will of kidnapping was not proven .

Majority sex and pornography

The legal age to model for photographs to be erotic or pornographic film actor or erotic or pornographic is usually the highest between age of sexual consent and the age of majority. The legal age to view erotic or pornographic content is not necessarily linked to sexual consent, for example, in France, the films are prohibited under 12 if they have a slight sexual content to children under 16 years if they are erotic, and less than 18 years for pornographic movies, while consent is 15 years.

Accordingly, for two individuals older than the age of consent but not one of majority and having an affair, be photographed or filmed during their sex, could lead them to be prosecuted for possession of pornography child , while their reports are legal. The Hungarian has debated legislation to legalize the taking of photographs and videos and their visualization by lovers, from 14 years . This measure is an isolated case, because if a "private" use of such documents is acceptable to some lawmakers Hungarian, the problem arises whether it is actually possible to contain the spread of these photographs or videos. But the case of streaming photos or videos of young people taking themselves (usually with webcams or mobile phones) are often caused harm to many stakeholders .

Criticisms of the concept of sexual consent

Some complain that the sexual majority to be defined by a fixed age, what does not match the variety and continuity can be observed in physiological development and maturity of human beings. Depending on their personal history, some young people experiencing emotional and sexual maturity very young, others not until adulthood.

Like any limit given by an exact age, it has the disadvantage of setting a ban that goes into one day, while the acquisition of the mature phase (argument of the sorites paradox ). Some countries have adopted graduated scales according to the age of both partners, but the argument remains.

However, this type of argument would apply to all existing criteria of age, and this disadvantage is, in all cases, seen as acceptable in comparison with the removal of any prohibition.

Setting a specific date is a vector of legal certainty. Indeed, it is possible for everyone to know that sex with a minor under 15 years are prohibited. However, it becomes very difficult to leave the assessment of sexual consent to a subjective approach, which by definition would not be the same in different individuals. On the other hand, a subjective assessment of criminal majority is contrary to the principle of legality in criminal law.

Another disadvantage is the difference between countries: a young person of a certain age may be considered major or not sexual depending on the country where it occurs, which can lead to some difficulties in the judicial treatment of certain cases.

Despite these limitations, most of the world have chosen this principle to regulate sex on children and adolescents.

Extraterritoriality

Several countries have created special laws to prosecute one of their citizens or residents for some sex with a minor that took place abroad. Media campaigns were launched to inform and support these laws.

These laws do not contravene the general principles of extraterritoriality. ^{Provisions of various ages}

scales

Several countries have introduced rules more complex than a simple age limit, based on differences between the ages of partners.

The Iowa , for example, permits to have sex with a partner 14 or 15 years if we do not ourselves more than 4 years apart with the partner .

In general, sociologists give the following inequality for a connection between two people is socially acceptable: the youngest of the two must be at least half the age of the older, 7 years ^{, , , , , ,} . However, this formula is inapplicable for the very young (though the older of the two is 12 years old, the youngest should have at least 13 years to follow, which is impossible since it would no longer be the youngest). The law does not correspond at all to the social acceptance: no country forbids relationships between adults due to age alone, regardless of differences. Conversely, some countries use an age limit so strict if it is possible to be accused of sexual assault on a minor difference of a few days, if one partner has just the age limit and the other just under.

Following acts

United States, kissing, hugging, hand touch, are not subject to criminal prosecution regardless of age, respectively. However, some states may prohibit even touching the private parts through clothing . In Canada, the mere fact of trying to seduce a girl under the age guideline is subject to prosecution. In addition to Canada, if consent is generally 16 years, she spent 18 years for sodomy. Similarly, some countries prohibit oral sex and / or anal sex, regardless of age .

Under the conditions of consent

In general, the legal age of the partner is found if one of two status has influence over the other. For example in France, a teacher can have without risk of criminal sex with a student over 18 years, but not between 15 and 18 (which does not mean that this route is free from risk of administrative penalties for teacher). When the status is used to obtain sexual favors, it is a crime of sexual harassment , regardless of age partners.

Gender

In Papua New Guinea , the age is 16 years for girls and 14 boys. A difference between the two sexes may be seen as discriminatory, but justified for example if we consider that most sexual behavior must be related to puberty , whose phases are held at different ages on average by gender (although that variations between individuals are strong).

By Sexual Orientation

Sexual majority may be different in different countries for relations heterosexual and homosexual , and even be different for relations between men and women. It is often higher than for heterosexuals. Despite being recognized as discriminatory by the European Court of Human Rights , these differences are struggling to disappear.

Some countries prohibit acts totally gay whatever age partners. In some of these countries, acts homosexuals are punished with death penalty.

Sexual intercourse between minors

In many countries the law does not prohibit sex between two minors having sex (it is meant that for France, we speak of two children under 15, not 18). In France, for example, are over 18 years only ones affected by the ban on sex with under age 15.

However, where consent is clearly not remain unpunished. In Colorado , in 1999 , a 11-year-old was remanded in custody and then tried on charges of incest with his half-sister to 5 years, driven by a neighbor of the family .

More generally, even when the law does not explicitly prohibit sexual intercourse after the age difference, the court may consider whether lack of discernment on the part of both partners (this can be based on age difference, the links between people, potential intellectual disabilities) to accuse the other partner sexual abuse.

Majority sexual Worldwide

The age of sexual consent around the world in 2004 varies between 11 and 21 years for customer relationships heterosexual and between 13 and 21 years - or even a total ban - for relations homosexual (see, in the section external links , sexual consent around the world). Some countries also prohibit any sex outside marriage.

Age of consent in the world.

North and Central America

South America

Africa

Asia

Europe

Oceania

Majority sexual in some countries

Majority sexual Belgium

In Belgium the age of sexual consent is 16 years for all sexual acts (sexual relations with children under the age of 14 are considered rape

Sexual Majority in Canada

In Canada , consent is 16. The Law on the fight against violent crime ( ¹May 2008 ) established the age of sexual consent is 16 years (the law allows sex with teens 14 or 15 years if the age difference between partners is less than 5 years: for example, a person who is 14 years with a partner who is 16 years). Before 2008, most sex was 14 years, but the Tackling Violent Crime Act has changed that. There is also a law that outlaws anal sex below 18 years. By cons, this provision was declared unconstitutional by the federal appellate courts, as well as appellate courts of Ontario , of British Columbia and Quebec. The courts have held that it was discriminatory against homosexuals, and violates the Canadian Charter of Rights and Freedoms. However, as the provision in the Criminal Code, it is possible that people are criminalized for these facts. This is why groups are lobbying so that the age of consent is the same for anal or vaginal .

Regarding the legality of marriage, minimum age is 16 years for a civil marriage. However, below 18 years must obtain consent from parents or guardians. However, if a total emancipation is granted to a minor, which is possible from the age of 14, this rule does not apply.

Sexual Majority in France

In France , Article 227-25 of the Penal Code establishes the principle of sexual consent to 15 years for customer relationships heterosexual and homosexual. "The fact that a major exercise without violence, coercion, threat or surprise a sexual assault on a minor of fifteen years" (in law, "minor under fifteen years" means "person under the age of fifteen years ") is a misdemeanor , while any sexual offense, regardless of the age of the victim, committed with violence, coercion or surprise is a " sexual assault ". The age limit is raised from 15 to 18 years in the case of relations between a minor and an older relative or any person having authority by nature or by function.

The law of 28 April 1832 introduced in French law a threshold of "sexual consent", then set at 11 years. This threshold has been extended to 13 years by an Act of 13 May 1863 and to 15 years by an order of 2 July 1945 (Ord. No. 45-1472, Gazette of July 4. 1945, p. 4072). Note that this is a restrictive sexual majority, under strictly heterosexual relationships, even couples.

Homosexual relations, beyond the amendment Mirguet ( 1963 ) which made it a "social evil", the majority was 21 years. In the context of sexual liberation , it was lowered to 18 by "combing effect" in 1974 along with the full age of majority.

During the debate on lowering the age of sexual and discussion Parliamentary Reform of the Criminal Code on this subject, leading to the downgrading of certain crimes to the status of crime , a number of intellectuals have defended the French Abolition of the same age of consent laws between 1977 and 1979. In 1977 , many philosophers and thinkers , including Michel Foucault , Jacques Derrida and Louis Althusser , among others, have signed a petition addressed to Parliament calling for the repeal of several sections of the law and the decriminalization of all relations between consenting adults and children under fifteen years (the age of sexual consent in France).

On 4 April 1978 , a thorough conversation detailing the reasons for their pro-abolition position was broadcast by Radio France Culture on the show "Dialogue." Participants, Michel Foucault , Jean Danet and novelist / activist member of FHAR Hocquenghem have all signed the petition of 1977. The debate was originally published in French under the title The law of modesty.

In addition, two open letters were published in the Paris newspapers, advocating the release of four prisoners accused of having consensual sex with minors sex. The first was published in Le Monde of 26 January 1977 , and was signed by 69 people, including Jack Lang , Bernard Kouchner , Jean-Paul Sartre , Simone de Beauvoir , Gilles Deleuze , Roland Barthes , Andr Glucksmann and Hocquenghem. The second was published in Liberation of March 1979 (reproduced later in the Express of 7 March 2001 ) and was signed by 63 people.

Finally, the Senate voted in June 1978 the elimination of discrimination acts between homosexuals and heterosexuals, while the indecent assault without violence against a minor under fifteen years, so far a crime liable to the foundation , was correctional court , becoming thus a crime.

The law of 4 August 1982 (Act No. 82-683, Journal of 5 August 1982, p. 2502) abolished the penalty of "indecent acts or against nature committed with a minor of the same sex." The Act also lowered the age of sexual consent at age 15.

Sexual consent is deemed valid to 15 years (for a relationship with an adult of any age), although the recent overhaul of the Criminal Code no longer asserts a general right to sexuality from 15 years as a law positive.

So there is no prohibition on sexual relations between individuals under 18 years, that one of them has less than 15 years or not, provided there is mutual consent . However, parental authority exerted, parents can monitor their child's sexual dating, or even prohibit, forbid him to live away from home, take educational measures they deem necessary, as they consider suitable for the education and development of their child. In addition to a minor too young, it is difficult to ensure consent. If one of the two miners is largely older than the other, the fact shall be deemed a sexual offense against a minor or a sexual assault on a minor , the consent to being motivated by "surprise" ^References

Leave a Reply