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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 may be 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.[1]: 1–2 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,[2][3] 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.
Age of consent laws vary widely from jurisdiction to jurisdiction,[1] though most jurisdictions set the age of consent within the range of 14 to 18 (with the exceptions of Argentina, Niger and Western Sahara which set the age of consent at 13, Mexico which sets the age of consent between 12 and 18, 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.[1]
- ^ a b c Waites, Matthew (2005). The Age of Consent: Young People, Sexuality and Citizenship. Palgrave Macmillan. ISBN 1-4039-2173-3. OCLC 238887395.
- ^ Oxford English Dictionary, entry for "age of consent"
- ^ "State-by-State Marriage "Age of Consent" Laws". FindLaw.