The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity is considered child sexual abuse or statutory rape. The person below the minimum age is considered the victim, and their sex partner the offender, although some jurisdictions provide exceptions through "Romeo and Juliet laws" if one or both participants are underage and are close in age.
The term age of consent typically does not appear in legal statutes. Generally, a law will establish the age below which it is illegal to engage in sexual activity with that person. It has sometimes been used with other meanings, such as the age at which a person becomes competent to consent to marriage,Oxford English Dictionary, entry for "age of consent" but consent to sexual activity is the meaning now generally understood. It should not be confused with other laws regarding age minimums including, but not limited to, the age of majority, age of criminal responsibility, voting age, drinking age, and driving age.
While age of consent laws vary widely from jurisdiction to jurisdiction, nearly all jurisdictions set the age of consent between 14 and 18 years (with the exceptions of Cuba which sets the age of consent at 12, Argentina, Niger and Western Sahara which set the age of consent at 13, Mexico which sets the age of consent between 12 and 18, Bahrain which sets the age of consent at 21, and 14 Muslim states which set the consent by marriage only).. The laws may also vary by the type of sexual act, the gender of the participants or other considerations, such as involving a position of trust; some jurisdictions may also make allowances for minors engaged in sexual acts with each other, rather than a single age. Charges and penalties resulting from a breach of these laws may range from a misdemeanor, such as corruption of a minor, to what is popularly called statutory rape.
There are many "grey areas" in this area of law, some regarding unspecific and untried legislation, others brought about by debates regarding changing societal attitudes, and others due to conflicts between federal and state laws. These factors all make age of consent an often confusing subject and a topic of highly charged debates.
By continent Africa Age of consent in Africa
Americas Age of consent in North America Age of consent in the United States Age of consent in South America
Asia Age of consent in Asia
Europe Age of consent in Europe
Oceania Age of consent in Oceania
History and social attitudes
Traditional attitudes In traditional societies, the age of consent for a sexual union was a matter for the family to decide, or a tribal custom. In most cases, this coincided with signs of puberty, menstruation for a woman, and pubic hair for a man.
Reliable data for ages at marriage is scarce. In England, for example, the only reliable data in the early modern period comes from property records made after death. Not only were the records relatively rare, but not all bothered to record the participants' ages, and it seems that the more complete the records are, the more likely they are to reveal young marriages. Modern historians have sometimes shown reluctance to accept evidence of young ages of marriage, dismissing it as a 'misreading' by a later copier of the records.
In the 12th century, Gratian, the influential compiler of canon law in medieval Europe, accepted the age of puberty for marriage to be around 12 for girls and around 14 for boys but acknowledged consent to be meaningful if both children were older than seven years of age. There were authorities that said that such consent for entering marriage could take place earlier. Marriage would then be valid as long as neither of the two parties annulled the marital agreement before reaching puberty, or if they had already consummated the marriage. Judges sometimes honored marriages based on mutual consent at ages younger than seven: in contrast to established canon, there are recorded marriages of two- and three-year-olds.
In China, Law Code of the Reign (), published in 1202 which catalogued laws that came into effect from 1127 to 1195, introduced statutory rape in the following decree: 'Successful intercourse with girls younger than 10 is considered rape in all circumstances, punishable by exile 3000 li away into the uncivilized provinces; if the rape was unsuccessful, exile by 500 li; If injury occurs in process, death by hanging'.
The first recorded age-of-consent law in Europe dates from 1275 in England; as part of its provisions on rape, the Statute of Westminster 1275 made it a misdemeanor to "ravish" a "maiden within age", whether with or without her consent. The phrase "within age" was later interpreted by jurist Sir Edward Coke (England, 17th century) as meaning the age of marriage, which at the time was 12 years of age.
The Great Ming Code, 25th section, Criminal Code on Rape came into effect from 1373, raised the age of consent to 12 by stating 'girls younger than 12 lack rational sexual desires, therefore any intercourse with them is considered the same as rape and therefore punishable by death with hanging'.
The American colonies followed the English tradition, and the law was more of a guide. For example, Mary Hathaway (Virginia, 1689) was only nine when she was married to William Williams. Sir Edward Coke "made it clear that the marriage of girls under 12 was normal, and the age at which a girl who was a wife was eligible for a dower from her husband's estate was 9 even though her husband be only four years old."
In the 16th century, a small number of Italian and German states set the minimum age for sexual intercourse for girls, setting it at 12 years. Towards the end of the 18th century, other European countries also began to enact similar laws. The first French Constitution of 1791 established the minimum age at 11 years. Portugal, Spain, Denmark and the Swiss cantons initially set the minimum age at 10 to 12 years.
Age of consent laws were historically difficult to follow and enforce. Legal norms based on age were not, in general, common until the 19th century, because clear proof of exact age and precise date of birth were often unavailable.
In 18th-century Australia it was thought that children were inherently sinful and vulnerable to sexual temptations. Punishment for "giving in" to these temptations was generally left to parents and was not seen as a government matter, except in the case of rape. Australian children had few rights and were legally considered the chattel of their parents. From the late 18th century, and especially in the 19th century, attitudes started to change. By the mid-19th century there was increased concern over child sexual abuse.
Reforms in the 19th and 20th century A general shift in social and legal attitudes toward issues of sex occurred during the modern era. Attitudes on the appropriate age of permission for females to engage in sexual activity drifted toward adulthood. While ages from 10 to 13 years were typically regarded as acceptable ages for sexual consent in Western countries during the mid-19th century, by the end of the 19th century changing attitudes towards sexuality and childhood resulted in the raising of the age of consent.
English common law had traditionally set the age of consent within the range of 10 to 12 years old, but the Offences Against the Person Act 1875 raised this to 13 in Great Britain and Ireland. Early feminists of the Social Purity movement, such as Josephine Butler and others, instrumental in securing the repeal of the Contagious Diseases Acts, began to turn towards the problem of child prostitution by the end of the 1870s. Sensational media revelations about the scourge of child prostitution in London in the 1880s then caused outrage among the respectable middle-classes, leading to pressure for the age of consent to be raised again.
The investigative journalist William Thomas Stead of the Pall Mall Gazette was pivotal in exposing the problem of child prostitution in the London underworld through a publicity stunt. In 1885 he "purchased" one victim, Eliza Armstrong, the 13-year-old daughter of a chimney sweep, for five pounds and took her to a brothel where she was drugged. He then published a series of four exposés entitled The Maiden Tribute of Modern Babylon, which shocked its readers with tales of child prostitution and the abduction, procurement, and sale of young English virgins to Continental "pleasure palaces". The "Maiden Tribute" was an instant sensation with the reading public, and Victorian society was thrown into an uproar about prostitution. Fearing riots on a national scale, the Home Secretary, Sir William Harcourt, pleaded in vain with Stead to cease publication of the articles. A wide variety of reform groups held protest meetings and marched together to Hyde Park demanding that the age of consent be raised. The government was forced to propose the Criminal Law Amendment Act 1885, which raised the age of consent from 13 to 16 and clamped down on prostitution.
In the United States, as late as the 1880s most states set the minimum age at 10 to 12 (in Delaware, it was seven in 1895). Inspired by the "Maiden Tribute" articles, female reformers in the U.S. initiated their own campaign,Delinquent Daughters: Policing and Protecting Adolescent Female Sexuality in the United States, 1885–1920. by Mary Odem. Chapel Hill: University of North Carolina Press, 1995. . which petitioned legislators to raise the legal minimum age to at least 16, with the ultimate goal to raise the age to 18. The campaign was successful, with almost all states raising the minimum age to between 16 and 18 years by 1920.
In France, Portugal, Denmark, the Swiss cantons and other countries, the minimum age was raised to between 13 and 16 years in the following decades. Though the original arguments for raising the age of consent were based on morality, since then the raison d'être of the laws has changed to child welfare and a so-called right to childhood or innocence.The Emergence of a New Taboo: The Desexualization of Youth in Western Societies Since 1800. by Martin Killias. European Journal on Criminal Policy and Research Vol.8 (2000). .
In France, under the Napoleonic Code, the age of consent was set in 1832 at 11, and was raised to 13 in 1863. It was increased to fifteen in 1945. In the 1970s, a group of prominent French intellectuals advocated for the repeal of the age of consent laws, but did not succeed.
In Spain, it was set in 1822 at "puberty age", and changed to 12 in 1870, which was kept until 1999, when it became 13; and in 2015 it was raised to 16.
21st century In the 21st century, concerns about child sex tourism and commercial sexual exploitation of children gained prominence, resulting in legislative changes in multiple jurisdictions, as well as the adoption of international laws.
The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote, 25 October 2007), and the European Union's Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography were adopted.
The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography came into force in 2002.
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which came into force in 2003, prohibits commercial sexual exploitation of children.
The Council of Europe Convention on Action against Trafficking in Human Beings (which came into force in 2008) also deals with commercial sexual exploitation of children.