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At what age can I have sex?

The age of consent - what is it, how does it vary and why is it set as it is?

The age of consent is an extremely important concept because the laws on when a person can engage in sexual activity with another can have huge impacts on peoples’ lives. This essay will explain what the age of consent is; how it varies from jurisdiction to jurisdiction; how it has evolved over time; and why the laws have changed. After discussing whether the changes in these laws find their basis in culture, morality or law itself, the relationship between law and culture in this context will be considered and it will be asked whether culture and morality are actually one and the same.

A definition of the age of consent

The 'age of consent', which has to be distinguished from the age of majority; the age of ‘marriageability', and the age of criminal responsibility, is the age at which a person can legally engage in sexual activity with another person. Although the term 'age of consent' very rarely appears in legal statutes, this is the definition, which is most widely understood around the world. Although, most often in countries where Islam is the majority religion; for example Iran, Saudi Arabia and Libya, sometimes the age of consent is conflated with the age at which a person becomes competent to consent to marriage,.

The obvious purpose for setting a legal age for which a person can engage in sexual activity with another is to protect children from sexual abuse, ranging from 'corruption of a minor' to 'statutory rape.' However, a further, less considered, purpose is that it allows teenagers to develop emotionally and sexually. This is arguably just as important and another form of protection.

How much does it vary? What are the laws?

The age of consent varies extremely widely between jurisdictions: with ages ranging from 12 to 21, and with some countries not even having an age limit or simply making it illegal to have sex before marriage, thus conflating the age of consent and the age of ability to consent to marriage.

In some jurisdictions Age of Consent laws can differeniate between the age of males and females, and between heterosexual and homosexual sex. Sometimes there may also be variations, in the form of restrictions, on the type of sexual act and abuse of power or trust. Furthermore, some jurisdictions make allowances for minors engaged in sexual acts with each other. Of course, there can also be variances between federal and state law, but these will not be discussed in depth here.

Current data on the age of consent around the world is given in Annex A.

The ages quoted are for females engaging in heterosexual sex. In fact, in many countries there are different ages of consent for males and females and for heterosexual and homosexual sex. In Botswana the age of consent is 16 for females and 14 for males, but male homosexuality is punishable by 7 years imprisonment. In contrast, in the Cook Islands it is illegal for women aged 21 or more to commit indecent acts on girls under the age of 15, even though the age of consent for heterosexual females is 16.

As one can see the overwhelming majority of states have the age of consent set at 16. This seems like a rather reasonable age.

Why are these laws as they are?

As one can see, there is substantial variation in the age of consent around the world. In addition, the enforcement practices of the laws on the age of consent also vary extensively depending on the societal sensibilities of the culture concerned. These laws have changed considerably over the last few centuries. There has always been variations in these laws; however “the general trend over the last 200 years or so has been for the age of consent to increase. In 19th century Europe an age similar to that at which a girl reached biological sexual maturity was often considered sufficient (11-13 years old)” (http://www.relating360.com/index.php/laws-surrounding-the-term-age-of-consent-25029/).

Arguably, the law on the age of consent in every country “would always be arbitrary but they were designed to protect children from exploitation by more powerful adults" (http://news.bbc.co.uk/2/hi/uk_news/3699814.stm). However, how can children be protected in the countries in which the age of consent is shockingly low or there is no age limit at all? Are they protected in other ways; for example, through cultural practices? Or does the culture entail that there is no need for such protection?

From now on, in order not to write an entire book on the subject, I will limit my analysis to one country for each age category. I have attempted to choose at least one state from each continent. The countries to be discussed are: Saudi Arabia; Libya; Mexico; Japan; Brazil; Yemen; United Kingdom; Nauru; Vatican City; Tunisia; and Bahrain.

The most important question I will considered is, “did the laws on the age of consent in these countries change because of law, culture, religion or morality or a combination of some or all of them?”

Saudi Arabia

In Saudi Arabia it is forbidden to engage in sexual relations with another person outside of marriage. This is because of religious reasons concerning the sanctity of marriage.

There is no age limit for marriage in Saudi Arabia. The shocking effect of this is that Saudi wives can be not only pre-pubescent, but even babies. There are at least 5,000 child brides (below the age of 14) in Saudi Arabia, and girls as young as 6 are being wed, often being sold to older men for money or possessions.

The driving force behind this (lack of) law is Sharia law. In Saudi Arabia religion forms the basis of their morality and culture. Sheik Saleh al-Fawzan, one of Saudi Arabia’s most important clerics, issued a fatwa (a religious decree) stating rather emphatically that, "[t]hose who are calling for a minimum age for marriage should fear God and not violate his laws or try to legislate things God did not permit…" ( http://www.soschildrensvillages.ca/surge-child-marriages-pushes-saudi-arabia-set-minimum-age ). According to Sahih al-Bukari, a biographer of the prophet Mohammed, Mohammed married a 6 year old girl and consummated this marriage when she was just 9 years old. Aisha herself says, “The Prophet engaged me when I was a girl of six (years)… Then she entrusted me to them and they prepared me (for the marriage). Unexpectedly Allah's Apostle came to me in the forenoon and my mother handed me over to him, and at that time I was a girl of nine years of age.” Some Muslims believe this to be a historically accurate account. However, most Muslims would disagree with this on moral grounds and would never consider marrying off their 6 year old daughter; they would “argue that since the Qur'an states that marriage is void unless entered into by consenting adults, Aisha must have entered puberty early" (http://www.theguardian.com/commentisfree/belief/2012/sep/17/muhammad-aisha-truth). In fact, “in seventh-century Arabia, adulthood was defined as the onset of puberty" (http://www.theguardian.com/commentisfree/belief/2012/sep/17/muhammad-aisha-truth).

Perhaps the real reason behind the lack of a law on age of consent or age of ‘marriageability’ is economic or even political. Recently, there have been many “stories about young Saudi girls being forced by their fathers to marry middle-age men for lavish dowries or other personal gains…” (http://online.wsj.com/news/articles/SB10001424053111903635604576472011907391364?mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424053111903635604576472011907391364.html).

For example, a court granted a 12-year-old girl a rare divorce from her 80-year-old husband, who had paid her father a dowry of 85,000 Saudi riyals, or $23,000. It could be politically motivated because the law has popular opinion on its side, so politicians dare not to interfere with it for fear of losing support and votes.

This seems to have always been the case, so there is little in the way of change. However, there may be a change in the law; the Saudi justice minister said in 2009 that the minimum marriage age should be raised to 18. Finally, “Ministry of Justice has … drafted regulations, which include setting 16 as the minimum age of marriage for girls in the Kingdom. If a girl is under 16, her mother’s approval must be received, while if a male guardian applies, a designated court of marriage must also give its approval before consent is given.” (http://www.newstatesman.com/politics/2013/05/sold-playstation-and-car-saudis-child-brides)

The concern, quite rightly, is that the current law does not protect children, especially girls.

Libya

In Libya it is also forbidden to engage in sexual relations with another person outside of marriage. However, in this state there is an age of ‘marriageability’ in place; women must be 20 before they can get married and thus they must also be 20 before they can engage in sexual relations with another person. 20 seems like a more than acceptable age; however, they can marry earlier if they are given permission to do so by a court. Often, women do indeed marry at a much younger age. The problem is that while the “woman is supposed to agree to the marriage, … in reality, under social pressures, the victim has no option but to marry" (http://www.refworld.org/docid/47387b6dc.html). So while the law seems reasonable in theory, culture dictates that things are not so pleasing in practice and the girls may be left vulnerable through lack of adequate protection.

Again, Islam and Sharia Law has an effect on Libian Law and its implementation.

Unfortunately, there is a significant difference between the age of consent for heterosexual sex and homosexual sex in Libya. In fact, since 1953 Article 410 of the penal code has stated that indecent same sex intercourse is punishable by imprisonment of from 1 to 4 years.

There appears to be no moves to change these laws in Libya at the current time.

Mexico

Currently, in Mexico, the minimum age of consent is 12, and the maximum is 18, but they vary hugely between the states. The ages are 18 in Michoacan, 15 in Mexico state, 14 in Baja California, Colima, Chihuahua, Durango, Quintana Roo, Sinaloa, Tlaxcala and Veracruz, 13 in Nuevo Leon and 12 in all other states (with Nayarit, Queretaro setting the limit at 12 or puberty, whichever is the later). Has there been any change in these laws? No, surprisingly little has changed in a century. Even more worrying is the fact that the punishment for committing sex with a minor in Mexico is nothing more than a proverbial ‘slap on the wrist’. The federal law states that the punishment is to be a sentence of three months to four years in prison.

Mexico is not an Islamic country, so unlike the previous two countries, its law on the age of consent cannot be attempted to be justified using Sharia law. In fact, it is not clear why Mexican law is set as it is; the culture just seems to accept the law without question. The fact that Mexico is very judgmental of females may also play a part in this.

With the age being so low, it is hard to see how children, especially girls, can be protected at all. However, there are actually several laws that allow for prosecution for sex with a person younger than 18 years of age, under the 'corruption of minors' umbrella. Also, many Americans worry that “the culture of having sex with young girls is carried with many of the Mexican men as they cross into tthe USA…” (http://www.examiner.com/article/molestation-epidemic-explained-age-of-sexual-consent-mexico-is-12). This is clearly a worry for the USA, a country where the minimum age of consent is currently 16 years of age.

Japan

In Japan the age of consent is set at 13; however, some prefectures in Japan have local laws prohibiting any sex with under-18s.

Why is the law on age of consent set so low? Are there any cultural factors that provide an explanation? Enjo kyosai, otherwise known as 'compensated dating' may be partly responsible for a lack of change in the law. The low age of consent has led a spate of older men paying high school aged girls for dating services (more often than not including sexual gratification). This is worrying for the Japanese people, who have suspicions that this is harming the girls because “when these girls are adults, they will quickly abandon their loyalties and commitments to their family for offers of money and material benefits" (Leheny). However, taking a feminist stance, perhaps this could be seen as empowering for women, allowing them to take control of their bodies, undermining traditional Japanese patriarchal values. Although, of course, it depends on what age the girl actually is, as perhaps a 13 year old girl cannot ever be said to know exactly what she wants in this sense, and thus she is not fully independent.

So with the age of consent being set so low, are children being protected in Japan? If so, how? In order to prevent enjo kōsai, many prefectures have introduced a program of hodō, where plain clothed police officers intervene and offer these youths guidance, not punishment. However, there appears to be little protection more generally for girls who engage in sexual activity at such a young age.

Brazil

The age of consent in Brazil in 14 regardless of the gender or sexual orientation of the people involved. However, Brazilian courts have set a precedent that it is legal for those aged 12 and 13 to engage in sexual activity with partners who are 5 years older or less, although this is not formally constitutionalised yet.

The reason behind this law is morality; the law explicitly places an emphasis on the morality of an 'honorable woman' and the chastity of a virgin.

Statutory rape carries a high sentence; Article 217-A of the Brazilian Penal Code states that the perpetrator of such a crime is to be punished with 15 years imprisonment; no slap on the wrists here then. So despite the relatively low age of consent, minors under 14 do seem to be protected rather well, in theory at least. Brazilian law further protects female minors aged between 14 and 18 if they are virgins at the time by criminalising engaging in sexual intercourse with her by taking advantage of either her inexperience or her confidence. The sentence for this crime is between 2 and 4 years imprisonment.

Yemen

The age of consent in Yemen is set at 15. However, tribal customs often trumps the law. In practice, "Yemeni law allows girls of any age to wed, but it forbids sex with them until the indefinite time when they are considered 'suitable for sexual intercourse'" (Power). As a lawyer, the obvious question that needs to be answered is how are we to interpret the meaning of ‘suitable’…? Is this a culturally defined and determined term?

Yemen sadly shows us another way in which setting an appropriate age of consent, at least above the age of reaching puberty, is important. Unfortunately, an 8 year old Yemeni girl, Rawan, died from “torn genitals and severe bleeding” on her wedding night after engaging in sexual intercourse with her 40 year old forced husband (http://www.nydailynews.com/news/world/child-bride-dies-wedding-night-yemen-article-1.1450874). Clearly, there is also an element of physical protection to these laws in addition to emotional protection.

In Yemen, like Saudi Arabia and Libya, the reason for setting the age of consent so low is fundamentally religious. The age of consent for marriage was raised to 17 in 2009, in order to protect children like Rawan from being married at such a delicate age; however, this law was soon repealed as conservative lawmakers said it went against Islamic teachings.

United Kingdom

Traditionally the age of consent in English common law was set within the range of 10 to 12, but in 1875 the age was raised to 13. The age of consent was then raised to 16 in 1885, when campaigners fought to raise it from 13 to prevent child prostitution. British people wanted to protect their children from an ever-spreading epidemic of child prostitution. Undercover journalist William Thomas Stead witnessed a 13 year old girl being bought and drugged in the name of sex. He pleaded with the upper class that "[i]f the daughters of the people must be served up as dainty morsels to minister to the passions of the rich, let them at least attain an age when they can understand the nature of the sacrifice which they are asked to make" (http://www.bbc.co.uk/history/0/20097046). (Without the help of William and the enormous influencing power of the media, together causing a 'moral panic', the law would never have been changed. It is just a shame that it took such a scandal to change the law and the culture.

The age of consent in the UK is 16 regardless of gender or sexual orientation. So there is equality in that sense; however, the punishments for having sex with someone below 16 are somewhat unequal: “A boy who has sex with a girl under 16 is breaking the law. Even if she agrees. If she is 13-15, the boy could go to prison for two years. If she is under 13 he could be sentenced to life imprisonment. A girl age 16 or over who has sex with a boy under 16 can only be prosecuted for indecent assault" (http://www.bbc.co.uk/radio1/advice/factfile_az/age_of_consent).

The Crown Prosecution Service’s sentencing manual makes it clear that the maximum sentence for indecent assault is 8 years.

However, in reality, the UK government has admitted that about a third of all boys and girls were having sex at 14 or 15. So if these children are having sex anyway, should the age of consent be lowered in order to correlate with the current culture? This question has been debated a lot in the UK over recent years. One of the arguments in favour of this change in law is that it would make it easier for 15-year-olds to get sexual health advice from the NHS.This would, of course, help to protect children from sexually transmitted infections and diseases and make them more willing to come forward and get help and treatment. Despite this, the government has made it clear that there will be no such change in law because “the current age of 16 [is] in place to protect children.” This is backed up by the children’s charity Barnardo’s who believe that 16 is a reasonable age “in the UK because it allowed teenagers to develop sexually but protected them from abuse by adults.”However, Professor John Ashton, the president of the Faculty of Public Health, said that “lowering the age to 15 might make teachers and other people who work with teenagers "feel on a firmer footing" about telling them where to get advice on issues like contraception and disease” and that in countries where the age of consent was lower there was a lower rate of teen pregnancy. Perhaps this is because teenagers in these countries are better educated about sex and contraceptives. Maybe the answer should instead be to improve the standard of sexual health education given to children in schools, and to give it to them earlier. This may lead to a culture where talking about sex is the norm, making it easier and less embarrassing for children to ask the pertinent questions about sex and get help if and when they need it.

Nauru

The age of consent in Nauru currently stands at 17. The penal sentence for engaging in sexual activity with a minor is extremely serious and can, depending on the seriousness of the crime, be as long as life imprisonment. Clearly, the moral stance in Nauru is that children should be protected from sexual crimes. Children appear to be very well protected in this country as in 2004 aggression towards children (men and women below 17 years) represented 1.1% of Nauru’s crimes.

Unfortunately, there is no equality of sexual orientation in Nauru. In fact, male to male sexual relationships have been illegal in Nauru since 1st July 1921. The punishment for this is extremely serious; according to the Criminal Code of Queensland in its application to Nauru, Section 208, the offender “is liable to imprisonment with hard labour for fourteen years.”

Vatican City

The age of consent in the Vatican City used to be 12, but it was raised by Pope Francis in an overhaul of the Catholic Church’s criminal code. This was, of course, due to religious reasons.

The age of consent in the Vatican City is now rather complicated, due to the mingling of divine and secular laws. The highest age is 18, but this can be lower with marriage due to religious reasons. In fact, according to divine law, sex outside of marriage is illicit. Canon 1083 of the 1983 Code of Canon Law states that “A man before he has completed his sixteenth year of age and a woman before she has completed her fourteenth year of age cannot enter into a valid marriage.” Thus, assuming the couple are married, the minimum age of consent for lawful sexual relations according to Vatican law is 15 for females, and 17 for males.

Tunisia

The age of consent in Tunisia is 20 years old for both sexes. If the victim is over 13 and under 15 years of age, the offender shall be sentenced to a punishment of six years in prison. If the victim is over 15 and under 20 years of age, he is to be punished by 5 years in prison. These sentences are neither long and over-serious, nor shockingly light.

It is, in fact, rather baffling why Tunisa has its age of consent set at 20; it seems a rather arbitrary number at which to to set it and there appears to be no good cultural, religious or moral reasons for this. However, as Dr Sarah Nelson, a researcher in child sexual abuse at Edinburgh University, said the age of consent in every nation around the world “would always be arbitrary”, although the purpose remains the same: to protect children from harm, both emotional and physical, and exploitation. Going further, this age of consent could be said to be much too high, as it may stunt young people’s sexual development. Pam Hibberts, the principal policy officer for the children’s charity Barnardo’s, agreed with this, saying that “you wouldn't wish to see a situation where what is normal experimental sexual development becomes criminalised just because the young people happen to be under” a certain age. This may lead to a situation where young people do not seek help for sexually transmitted diseases, pregnancy or just some advice for fear of being prosecuted for engaging in sexual activity with a minor.

Another unfortunate aspect of Tunisia’s laws on sex is that sodomy between two consenting adults is a crime and is punishable with 3 years imprisonment. So while it has equality in some ways, in others it does not.

Bahrain

The age of consent in Bahrain is a rather high 21 years old for a woman, even higher than the age of majority (adulthood) in the UK and many other countries. Again, this can be said to be too high as is stunts the emotional and sexual development of young people and there is no real or apparent reason behind it. This can lead to the bizarre result (in the eyes of most people around the world, at least) where people can be arrested and incarcerated for engaging in sexual activity with someone aged 20. For example, one Barhraini man “was sentenced to a month in jail after he was convicted of having sex with an underage woman. The 24-year-old married man, from Daih, was found guilty of sleeping with the Bahraini woman, aged 20, with her consent" (tp://www.gulf-daily-news.com/NewsDetails.aspx?storyid=108365). Even more bizarre is the fact that, in order to avoid this sentence or any scandal, “[t]he father of this girl suggested [he] marry his daughter for one week only and then divorce her - he has no objection to that…" It appears that marrying the victim in Bahrain can put a halt to a trial for sexual assault or statutory rape, this was the case even in the trial where the victim was only 14. The girl in question in the first trial faced violence after her father and brother found out she was not a virgin; the girl admitted that, “[m]y father does not trust me and always beats me - cigarette ash went into my eyes when he beat me the last time.” This, unfortunately, appears to be the norm in Bahrain, which has a culture with an extremely strict attitude towards sex.

Bizarrely, while the age of consent for Bahraini females is 21, unless they marry with the consent of their father, the age of consent for Bahraini males is only 15. Even more unfortunate for equality, is the fact that homosexual men may only engage in sexual activity once they reach 21 years of age.

Even more unjust is that, as previously mentioned, perpetrators of rape can avoid jail by marrying their victims. Women's rights activist Meena Kadhim dubbed this unjust and called for “tougher laws to protect the rights of minors" (http://www.gulf-daily-news.com/NewsDetails.aspx?storyid=281733). One does wonder what is the point in a law setting the age of consent at 21 is if vulnerable victims can just be forced into marriage with their rapist: Ms Kadhimi said "unfortunately families of victims felt pressured to agree to the marriage because of the reaction of society towards victims." Surely this is worse than just lowering the age of consent to a more appropriate age, thus avoiding pressured marriages?

How are law and culture linked?

Previously, “the age at which individuals could come together in a sexual union was something either for the family to decide or a matter of tribal custom" (http://www.faqs.org/childhood/A-Ar/Age-of-Consent.html). Usually, this would be at the onset of puberty. Then the laws changed. The laws changed for various reasons: religion, culture, morality or other reasons. But there was always a change in law and, more often than not, a change in culture. This change in culture sometimes followed the law, but sometimes the change is law followed a change in culture. Presumably then, law and culture are somehow inextricably linked.

Culture can affect legislation in many ways. For example, the mirror thesis and its variants state that law is culture or reflects culture, or at least a party of it. Law needs to keep up with the current culture or there is a risk that people will simply ignore the law and do what is the norm. Two examples of cultural phenomena that have influenced a change in legislation are the law on funerals and ritual slaughtering, although, are these really good examples in a moral sense?

The interpretation of policy can also be influenced by culture; for example, the practice of ‘kafala’ influenced the interpretation of the Child Benefit Act. ‘Kafala’ children are now considered as foster children whereas formally speaking they are not. You have to have an official recognition as a foster child, which you could not get in the case of a ‘kafala’ child.

Cultural issues also affect the outcome of trials. They manifest themselves most often and most obviously in criminal trials, most notably in the Kimura case. However, just as in the Kimura case, it is not very often mentioned explicitly. Acknowledging cultural factors in criminal trials can help to improve the accuracy of the result though, and make sure that there are no crucial gaps in the judge and/or jury’s knowledge of the events and the defendant.

Conversely, law can also be used as a tool to change culture. There are various ways to do this, both directly (through the use of sanctions and incentives) and indirectly (through the use of dispute resolution, options and ideals). Furthermore, law can be used as a programme for social or cultural transformation through a number of ways: unification, modernisation, secularisation regression, liberalisation and mobilisation. However, Aubert’s article shows just how difficult it is to disentangle the legislative change from other types of change. It is difficult to say with any real certainty that it is the law that actually does the change because people may not know about the law; there may be causes external to the law at work; or people may know about the law, but disregard it.

Law does not always have power of culture, however, as in Yemen, for example, tribal customs still often trump the law. The law there states that the age of consent is 15; however, there are many marriages taking place between much younger children. For example, Nujood Ali was married at 10 years old and seeking a divorce. In fact, study by Sana'a University found 52 per cent of girls in Yemen were married by 18.

Are culture and morality the same thing?

Perhaps our ‘puritan’ western values are backwards and it should not be shocking at all that there are states in the world that have their age of consent laws set at younger than 16. In fact, Dr Sarah Nelson, a researcher in child sexual abuse at Edinburgh University, said wide variations in the age of consent were too often accepted as the result of cultural and religious differences. Western societies may use culture as a reason too.

However, "child sex and marriage tended to occur in cultures where women and children are very much second class citizens, are very much controlled by men and did not have the freedom to speak out," Dr Nelson said.So there is a good reason behind setting a higher age of consent.

But is this due to culture or morality? Clearly, morality should be the biggest reason behind determining what the age of consent should be - we should be protecting children - but often it is culture that has the biggest say. Often, however, these two phenomena are inextricably linked. Some people, including moral and cultural relativists, believe that the morals we subscribe to are culturally conditioned; we cannot help it. We can see this is the way that children learn what is right and wrong. They learn through emotional conditioning and osmosis: “No amount of reasoning can engender a moral value, because all values are, at bottom, emotional attitudes" (http://philosophynow.org/issues/82/Morality_is_a_Culturally_Conditioned_Response).

This emotional attitude is determined by our cultural background. Psychopaths are clear evidence that a lack of emotion causes a lack of morals. Plato himself even believed in “the power of culture to shape our outlook and conduct…” So even though they are not precisely the same thing, culture can indeed be said to have a great deal of influence on morality.

Conclusion

The age of consent is an extremely important part of every nation’s legislation. However, it varies widely due to differing reasons for why it is set as it is; from religious reasons, to moral concerns and cultural practices. There are of course many different religions, moral codes and cultures around the world, so this is not surprising. These factors influence the law on the age of consent; morality and culture are linked and culture often has the power to change the law.

Annex A

Age of Consent – By Countries Worldwide

  • None: (not allowed without marriage; however there is no age limit to marriage),

  • Qatar

  • Saudi Arabia

  • Conflated with Marriage Laws:

  • Iran (not allowed without marriage - females can marry at 16)

  • Malaysia (not allowed without marriage - the legal age of marriage is 18 for both males and females although half the females are married by the age of 15)

  • Libya (not allowed without marriage - the legal age of marriage for a female is 20)

  • Oman (not allowed without marriage - the legal age of marriage is 18),

  • Pakistan (not allowed without marriage - the legal age of marriage is 18)

  • Sudan (not allowed without marriage - females can marry at 16 and males can marry at 18)

  • The United Arab Emirates (not allowed without marriage - the legal age of marriage is 18)

  • Age 12

  • Angola

  • Mexico*

* This varies berween states from 12-18.

  • Age 13

  • Argentina,

  • Burkina Faso,

  • Comoros,

  • Japan*

  • South Korea,

  • Niger,

  • Spain (***In 2013 - now it is 16***)

*Although in places it is 18.

  • Age 14

  • Albania,

  • Austria,

  • Bangladesh,

  • Brazil,

  • Burma,

  • Cape Verde,

  • China,

  • Colombia,

  • Bulgaria,

  • Chad,

  • Ecuador,

  • Estonia,

  • Hungary,

  • Italy,

  • Liechtenstein,

  • Macedonia,

  • Madagascar,

  • Malawi,

  • Mauritania,

  • Mauritius,

  • Mongolia,

  • Montenegro,

  • Portugal,

  • San Marino,

  • Serbia,

  • Bosnia and Herzegovina,

  • Democratic Republic of the Congo.

  • Age 15

  • Aruba,

  • Cambodia,

  • Costa Rica,

  • Croatia,

  • Czech Republic,

  • Denmark,

  • France,

  • Greece,

  • Guinea,

  • Honduras,

  • Iceland,

  • Kuwait,

  • Laos,

  • Monaco,

  • North Korea (DPRK),

  • Kiribati,

  • Paraguay,

  • Poland,

  • Romania,

  • Slovak Republic,

  • Slovenia,

  • Sweden,

  • Syria,

  • Thailand,

  • Uruguay,

  • Yemen (although tribal customs often trump the law)

  • Age 16

  • Afghanistan,

  • Algeria,

  • Andorra,

  • Antigua and Barbuda,

  • Armenia,

  • Australia *

  • Aberbaijan,

  • Bahamas,

  • Barbados,

  • Belarus,

  • Belgium,

  • Belize,

  • Botswana,

  • Brunei,

  • Cameroon,

  • Canada,

  • Cayman Islands,

  • Cuba,

  • Dominica,

  • Fiji,

  • Finland,

  • Georgia,

  • Germany,

  • Ghana,

  • Guinea-Bissau,

  • Guyana,

  • Indonesia,

  • Israel,

  • Jamaica,

  • Kazakhstan,

  • Kenya,

  • Kyrgyzstan,

  • Latvia,

  • Lesotho,

  • Lithuania,

  • Luxembourg,

  • Malaysia,

  • Moldova,

  • Mozambique,

  • Namibia,

  • Netherlands,

  • Northern Cyprus,

  • Norway,

  • Palau,

  • Peru,

  • Russia,

  • Saint. Kitts and Nevis,

  • Saint. Lucia,

  • Saint. Vincent and the Grenadines,

  • Samoa,

  • Senegal,

  • Singapore,

  • Solomon Islands,

  • South Africa,

  • Sri Lanka,

  • Suriname,

  • Swaziland,

  • Switzerland,

  • Taiwan,

  • Tajikistan,

  • Togo,

  • Trinidad and Tobago, Turkmenistan,

  • Tuvalu,

  • Ukraine,

  • UK,

  • USA **

  • Uzbekistan,

  • Vanuatu,

  • Venezuela,

  • Zambia,

  • Zimbabwe

* 17 in some states

** Varies from 16 to 18 between states

  • Age 17

  • Bolivia,

  • Cyprus

  • Ireland,

  • Grenada,

  • Nauru

  • Age 18

  • Benin,

  • Bhutan,

  • Burundi,

  • Central African Republic,

  • Chile,

  • Côte d’Ivoire, Djibouti,

  • Dominican Republic,

  • Egypt,

  • El Salvador,

  • Equatorial Guinea,

  • Eritrea,

  • Ethiopia,

  • Federates States of Micronesia,

  • Gabon,

  • The Gambia,

  • Guatemala,

  • Haiti,

  • Jordan *

  • India,

  • Iraq,

  • Lebanon,

  • Liberia,

  • Mali,

  • Malta,

  • Morocco,

  • Nepal,

  • Nicaragua,

  • Nigeria,

  • Panama,

  • Papua New Guinea,

  • Philippines,

  • Republic of the Congo,

  • Rwanda,

  • Samoa,

  • Seychelles,

  • Sierra Leone,

  • Somalia,

  • South Sudan,

  • Tanzania,

  • Tonga,

  • Turkey,

  • Vatican City **

  • Uganda,

  • Vietnam

* Although females over 15 can consent to sex if they are married to their partner),

** Unless married, then 15 for a female and 17 for a male)

  • Age 20

  • Tunisia *

* However, there appears to be a marital exception in the law that allows a minor over 15 to consent to sex with an adult if the minor is married to the adult

  • Age 21

  • Bahrain

These statistics are illustrated in the pie chart below:

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