Age of consent reform

Age of consent reform is efforts to change age of consent laws. Proposed reforms typically include raising, lowering, or abolishing the age of consent, applying (or not applying) close-in-age exemptions, changing penalties, or changing how cases are examined in court. A related issue is whether or not to apply ages of consent to homosexual relationships that are different from those applied to heterosexual relationships. Organized efforts have ranged from academic discussions to political petitions.

There have been many initiatives to raise the age of consent. Gratian, a canon lawyer in the 12th century, stated that consent could not take place before 7 years of age. The English government eventually decided on age of 12 for women as their limitation.[1] At that time, the age was about 12 in most countries. Today it is usually set between 15 and 18.[2]

United Kingdom

In 1275, the age of consent in England was set at 12 (Westminster 1 statute), the first time an age of consent had been set in England.[3] However, in 1875 the Offence Against the Persons Act raised it to 13 in Great Britain and Ireland. The Criminal Law Amendment Act of 1885 raised it to 16.[4][5] In 1917 a bill raising the age of consent in Great Britain and Ireland from 16 to 17 was defeated by only one vote.[6] In Northern Ireland in 1950 the legislature of Northern Ireland passed a law called Children and Young Persons Act in 1950 that raised the age of consent from 16 to 17.[7] The male homosexual age of consent in the United Kingdom was set at 21 in the Sexual Offences Act of 1967, lowered to 18 in the Criminal Justice and Public Order Act 1994, and then finally lowered equally to 16 in England and Wales and Scotland in the Sexual Offences (Amendment) Act of 2000.[8][9]

According to sociologist Matthew Waites, in the 1970s, a number of grassroots political actions took place in Britain in favor of lowering the age of consent, which he described as based on claims of children's rights, gay liberation, or as a way to avoid unwanted pregnancies or sexually transmitted infections.[10]

In May 1974, the Campaign for Homosexual Equality suggested a basic age of consent of 16, but 12 "in cases where a defendant could prove the existence of meaningful consent".[11][12] In September 1974, the Sexual Law Reform Society proposed lowering the age of consent to 14, with the requirement that below the age of 18 the burden of proof that consent for sexual activities between the parties existed would be the responsibility of the older participant.[13]

In 1976, the British political advocacy group the National Council for Civil Liberties (now known as Liberty) published a proposal advocating reducing the age of consent laws to 10 years of age, only when both individuals are younger than 14, with a close-in-age exemption of two years if one of the involved individuals is older than 14 but younger than 16.[14] The report was signed by Harriet Harman, who later went on to become a prominent figure in government and deputy leader of the Labour Party and the focus of media attention due to her affiliations with the NCCL.[15]

Russia

Russia in 1998 lowered the age of consent from 16 to 14,[16] but in 2002 raised the age of consent from 14 back to 16.[17][18][19] Since then penalties have also generally increased. Vladimir Putin said that a party advocating lowering the age of consent cannot be legally registered (hence, be a legal party) in Russia.

India

In January 2004, a Division bench of the Kerala's High Court in Southern India suggested that the age of consent should be raised from 16 to 18 in that state. Justice R. Basant said he considered "illogic(al)" that a legal system in which an age of 18 is used for other purposes – like the Indian Majority Act, the Contract Act, the Juvenile Justice Act, the Child Marriage Restraint Act and the Representation of People Act – has a different approach in the case of sexual consent.[20] The age of consent in India was raised from 16 to 18 in 2012.[21]

United States

Over the course of American history, the most commonly observed age of consent was 10 years. In 1880, 37 states had an age of consent of 10 years while 10 states kept an age of consent at 12, and Delaware maintained its age of consent at seven years, having lowered it from 10 in 1871.[22][23]

In the late-19th century, a "social purity movement" composed of Christian feminist reform groups began advocating a raise in the age of consent to 16, with the goal of raising it ultimately to 18, and by 1920 almost all states had raised their age of consent to 16 or 18.[24]

By the mid-1970s, there was widespread sympathy among homosexual activist groups for lowering the age of consent for all sexual activities (partially due to the disparate ages of consent for same-sex and opposite-sex sexual activity),[25] with many gay publications freely discussing lowering it for boys.[26] These tensions and antagonisms continued among activist circles until the 1980s; however, since the 1970s, gay liberationist groups promoting frontline advocacy against the age of consent were falling into decline.[25]

A small number of voices continued into the 2000s among self-declared pedophiles on certain internet websites and chatrooms.[27]

Two final states legislating their ages of consent into the 15–18 range were Georgia and Hawaii, from 14, raised in 1995 and 2001, respectively.

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.[28]

Alabama

In 2012, Alabama State Representative Mac McCutcheon sponsored a bill to raise the age of consent from 16 to 18.[29] As of August 2018, the age of consent in Alabama remains 16.[30]

Hawaii

In 2001, the legislature in Hawaii voted to raise the age of consent from 14 to 16.[31]

Georgia

In June 2005, a bill was proposed before the General Assembly of Georgia (USA) to raise the age of consent from 16 to 18.[32][33] The bill failed, however.

Georgia was the most notoriously resistant state to raising its age of consent in the early 1900s. Georgia's age of consent was 10 until 1918, and even then the age of consent was only raised to 14. [34]Even after raising the age of consent in 1918, Georgia was still the only state in the United States to have an age of consent lower than 16. [35] Georgia's age of consent remained at 14 until 1995, when a bill proposed by senator Steve Langford to make the age of consent 16 passed.[36]

In 2006, following the infamous case of Genarlow Wilson (Wilson v. State), aggravated child molestation was reduced to a misdemeanor with a maximum of one year in prison if the offender was under 19, the victim was either 14 or 15 years old, and the offender is no more than 48 months older than the victim. (Georgia penal code, 16-6-4). Previously aggravated child molestation (at any age) carried 10–20 years imprisonment regardless of the age difference between the victim and offender.

Kentucky

In 2007 in Kentucky Representative JR Gray sponsored legislation in the state legislature that passed making it a felony for a teacher to have sex with a student under the age of 18. He also discussed the possibility of raising the age of consent from 16 to 18 but a bill was not produced for that.[37]

Missouri

In 2008 a bill was proposed in the Missouri legislature to raise the age of consent from 17 to 18. It was sponsored by Representative Stanley Cox.[38]

South Carolina

In South Carolina in 2007 a bill was proposed before the legislature to raise the age of consent from 16 to 18.[39] It did not succeed.

Wisconsin

Prior to 1981 Wisconsin had an exception to the law that allowed adults who were guilty of sex with minors 15 or older to use as a defense that the victim understood the nature of the sexual act, but there was a rebuttable presumption in Wisconsin that minors under the age of 18 were not capable of informed consent to sex, but as stated, this could be argued against by the defendant in the court of law if the minor was 15 years of age or older. In 1981 the age of consent was lowered from 18 to 16 in Wisconsin, but at the same time it was made an automatic felony to have sex with anyone under 16, informed consent for a 15-year-old was no longer a defense an adult defendant could use in court. In 1983 the age of consent in Wisconsin was raised from 16 to 18, under the new law sex with a minor 16 or older carried the lesser penalty of a Class A Misdemeanor. A marital exemption was included in the law for an adult who was married to a minor 16 or older, but no close-in-age exception was.[40]

Canada

In June 2006, the Canadian government proposed a bill to raise the age of consent from 14 to 16 (in 1890, it was raised from 12 to 14), while creating a near-age exemption for sex between 14- to 15-year-olds and partners less than 5 years older, and keeping an existing near-age clause for sex between 12–13 year olds and partners less than 2 years older. The initiative also maintains a temporary exception for already existing marriages of minors 14 and 15 years old to adults, but forbids new marriages like these in the future.[41] The law took effect 1 May 2008.

Netherlands

Between 1990 and 2002, the Netherlands operated what was in effect an age of consent of 12, subject to qualifications.[42] The relevant law, passed in November, 1990, permitted sexual intercourse for young people between 12 and 16, but allowed a challenge by parents based on erosion of parental authority or child exploitation, which would be heard by a Council for the Protection of Children.[43] In 1979, the Dutch Pacifist Socialist Party supported an unsuccessful petition to lower the age of consent to 12.[44]

Peru

The age of consent in Peru was increased from 14 to 18 in 2006 as elections approached, but in 2007, Peru's new Congress voted to return the age to 14 regardless of gender and/or sexual orientation.[45] However, after strong public opposition, the law was raised back to 18 on June 27, 2007, by a vote of 74 to zero (22 abstentions).[46] It was returned to 14 in January 2013.[47]

France

In 1977 while a reform in the French penal code was under discussion in the parliament, a petition to decriminalize all consented relations between adults and minors below the age of fifteen was sent to Parliament but did not succeed in changing the law.[48] In 1978 the petition was discussed in a broadcast by radio France Culture in the program "Dialogues", with the transcript later published under the title Sexual Morality and the Law in a book by Michel Foucault. The participants, including Foucault, play-writer/actor Jean Danet and novelist/gay activist Guy Hocquenghem had all signed the petition.

Pedophile advocacy

Some pedophiles have called to abolish the age of consent to allow adults to have sex freely with prepubescent children, arguing they can consent.[49][50] Groups advocating pedophilia and the abolishment of age of consent laws include NAMBLA in the United States and Vereniging Martijn in the Netherlands. Several organisations in them have been involved with pro-pedophile activism in the past; only a few of these still exist today.

Close-in-age exemptions

In the United States, many states have adopted close-in-age exemptions. These laws, known as "Romeo and Juliet laws"[51] provide that a person can legally have consensual sex with a minor provided that he or she is not more than a given number of years older, generally four years or less.[52][53] Some Romeo and Juliet laws (such as the law in Michigan[54] and Florida[55]) do not make it legal for a person below the age of consent to have sex with a slightly older person, but may exempt the older partner from sex offender registration.

Romeo and Juliet laws were passed in 2007 in Connecticut and Indiana.[53] In Indiana, a change in the law decriminalizes consensual sex between adolescents if they are found by a court to be in a "dating relationship" with an age difference of four years or less[53] and other states have adopted other reforms. Michigan passed a Romeo and Juliet Law in 2011.[56]

These reforms have been controversial. In Texas, Governor Rick Perry vetoed Romeo and Juliet laws that had been passed by the legislature in 2009,[57] but signed one in 2011 to go into effect in September of that year.[58] A 2011 Romeo and Juliet bill failed to pass in the Illinois legislature.[59] In the State v. Limon case, Kansas's Romeo and Juliet law was found to be unconstitutional because it excluded same-sex sexual conduct.

Some countries other than the United States also have Romeo and Juliet laws. Ireland's 2006 law has been contested because it treats girls differently from boys.[60][61]

See also

References

  1. ↑ "Age of Consent – Encyclopedia of Children and Childhood in History and Society". Faqs.org. Retrieved 2012-03-19.
  2. ↑ "Worldwide Ages of Consent". Avert.org. 2011-02-04. Retrieved 2012-03-19.
  3. ↑ Robertson, Stephen. "Age of Consent Laws". Children and Youth in History. Sydney, Australia: University of Sydney. Retrieved 3 August 2015.
  4. ↑ Mary E. Odem (1995). Delinquent Daughters: Protecting and Policing Adolescent Female Sexuality in the United States, 1885-1920 (Gender and American Culture). Univ of North Carolina Press. p. 13. ISBN 978-0-8078-4528-8. Retrieved 2012-03-19.
  5. ↑ David Swarbrick. "Criminal Law Amendment Act 1885 (-)". swarb.co.uk. Retrieved 2012-03-19.
  6. ↑ Age of Consent a Response to the consultation on the sexual offenses (Northern Ireland) order 2007 Christian 378 Woodstock Road Belfast February 2008
  7. ↑ "Draft Sexual Offenses (Northern Ireland) Order 2008". parliament.uk. Retrieved 5 September 2017.
  8. ↑ "Gay consent at 16 becomes law". BBC News. November 20, 2000. Retrieved August 25, 2011.
  9. ↑ the age of consent is 17 in Northern Ireland
  10. ↑ Matthew Waites (15 August 2009). The Age of Consent: Young People, Sexuality and Citizenship. Palgrave Macmillan. ISBN 978-0-230-23718-6. (Google books link)
  11. ↑ Waites, Matthew (2005, op.cit., pp. 132 and 243, Note 6.6)
  12. ↑ Gay News, no. 46, 9 May 1974, p.3 – 'CHE Report angers reformers'.
  13. ↑ Waites, Matthew (2005, op.cit., p.132).
  14. ↑ Waites, Matthew (2005, p.135-136). The age of consent – Young people, Sexuality and Citizenship. New York/London: Palgrave MacMillan. ISBN 978-1-4039-2173-4. ISBN 1-4039-2173-3.
  15. ↑ Beckford, Martin (March 9, 2009). "Harriet Harman under attack over bid to water down child pornography law". The Daily Telegraph. London.
  16. ↑ "25 июня 1998 года N 92-ФЗ".
  17. ↑ "8 декабря 2003 года N 162-ФЗ".
  18. ↑ Peter Graff (June 28–29, 2002). "Russia – Age of Consent". Reuters (via Age of Consent). Archived from the original on 2011-09-27. Retrieved August 25, 2011.
  19. ↑ "Russia". Age of Consent. Archived from the original on 2011-09-27. Retrieved 2012-03-19.
  20. ↑ "Kerala, Raise age-limit for giving consent for sexual intercourse to 18 – South Asia". Asian Sex Gazette. 2004-01-21. Retrieved 2012-03-19.
  21. ↑ "Parliament clears bill against child abuse". The Times Of India. May 23, 2012.
  22. ↑ "PURITY CONGRESS MEETS; A Great Gathering for Moral Work in the City of Baltimore. AIMS AND OBJECTS OF THE MOVEMENT Determined to Prevent State Regulation of Vice and to Rescue Fallen Men and Fallen Women.". The New York Times. BALTIMORE, Oct. 14. October 15, 1895.
  23. ↑ "Age of Consent Laws [Table]". Children and Youth in History. Annotated by Stephen Robertson. Center for History and New Media and the University of Missouri-Kansas City. Retrieved February 21, 2017. compiled from the following sources: Hirschfeld, Magnus. The Homosexuality of Men and Women. Translated by Michael Lombardi-Nash. Amherst, New York: Prometheus Books, 2000; Killias, Martin. "The Emergence of a New Taboo: The Desexualization of Youth in Western Societies Since 1800." European Journal on Criminal Policy and Research 8 (2000): 466; Odem, Mary. Delinquent Daughters: Policing and Protecting Adolescent Female Sexuality in the United States, 1885-1920. Chapel Hill: University of North Carolina Press, 1995; "Worldwide Ages of Consent," AVERTing HIV and Aids, www.avert.org/aofconsent.htm (accessed November 29, 2007).
  24. ↑ "The Campaign to Raise the Age of Consent 1885–1914". Women and Social Movements in the United States, 1600–2000. Retrieved August 25, 2011.
  25. 1 2 Tom Warner (2002). Never Going Back: A History of Queer Activism in Canada. University of Toronto Press. p. 124. ISBN 978-0-8020-8460-6.
  26. ↑ University, Philip Jenkins Distinguished Professor of History and Religious Studies Pennsylvania State (2006-03-15). Decade of Nightmares: The End of the Sixties and the Making of Eighties America. Oxford University Press, USA. p. 120. ISBN 9780198039723.
  27. ↑ Eichenwald, Kurt (2006-08-21). "On the Web, Pedophiles Extend Their Reach". The New York Times. ISSN 0362-4331. Retrieved 2015-10-20.
  28. ↑ "Age of Consent across the United States". AgeOfConsent.net. Retrieved 2018-08-01.
  29. ↑ http://whnt.com/2012/04/30/lawmaker-pushes-bill-to-raise-age-of-consent-in-alabama/
  30. ↑ "State-by-State Marriage "Age of Consent" Laws". FindLaw.com. Retrieved 2018-08-01.
  31. ↑ Far East and Australasia 2003 – Eur. Retrieved 2012-03-19.
  32. ↑ "hb722.html". Legis.state.ga.us. 2005-07-01. Archived from the original on 2009-08-04. Retrieved 2012-03-19.
  33. ↑ "Georgia General Assembly – HB 722". Legis.ga.gov. Archived from the original on 2012-07-22. Retrieved 2012-03-19.
  34. ↑ https://books.google.com/books?id=KtMRAQAAMAAJ&pg=PA336&lpg=PA336&dq=1918+georgia+age+of+consent&source=bl&ots=-35YG3-ON2&sig=5-9-iSWz7tDGkAQo8AqaUc2F_mU&hl=en&sa=X&ved=0ahUKEwjriceHwd3YAhUlTd8KHTnJDkEQ6AEISTAG#v=onepage&q=1918%20georgia%20age%20of%20consent&f=false
  35. ↑ http://chnm.gmu.edu/cyh/case-studies/230?section=primarysources&source=24
  36. ↑ https://news.google.com/newspapers?nid=1454&dat=19950207&id=gU5OAAAAIBAJ&sjid=CRUEAAAAIBAJ&pg=2408,2396348
  37. ↑ Tanner, Robert (November 2, 2007). "States target sexual misconduct in schools". USA Today.
  38. ↑ http://www.joplinglobe.com/local/x212127249/Missouri-House-bill-would-raise-age-of-consent-to-18
  39. ↑ http://www.wrdw.com/home/headlines/5431721.html
  40. ↑ Owzsewski, DJ Statutory Rape in Wisconsin 2006
  41. ↑ "Age of Consent FAQ". CTV.ca. Retrieved 2012-03-19.
  42. ↑ Elizabeth Bernstein, Laurie Schaffner. Regulating Sex: The politics of Intimacy and Identity. Retrieved 2012-03-19.
  43. ↑ Evans, David T. (1993). Sexual Citizenship: The Material Construction of Sexualities. London: Routledge. p. 208. ISBN 0-415-05799-X. (link is to the 2013 edition)
  44. ↑ Brongersma, Edward (1988). "Schutzalter 12 Jahre? – Sex mit Kindern in der niederländischen Gesetzgebung" [Age of Consent 12 years? Dutch legislation on sex with children]. In Leopardi, Angelo. Der pädosexuelle Komplex [On the topic of pedosexuality] (in German). Frankfurt/Main, Germany: Foerster Verlag. p. 214. ISBN 3-922257-66-6.
  45. ↑ "Peru Lowers Age Of Consent To 14". CBS News. 22 June 2007. Retrieved 28 Jan 2010.
  46. ↑ "Pleno Reconsidero Exoneracion de Sedunda Votacion a Proyecto Sobre Libertad Sexual" [House Reconsidered and Excluded Second Vote for Project on Sexual Freedom] (in Spanish). El Heraldo. 2007-06-27. Retrieved 2010-09-02.
  47. ↑ "Demanda de inconstitucionalidad interpuesta por diez mil seiscientos nueve ciudadanos contra el artículo 1° de la Ley N° 28704 que modifica el artículo 173°, inciso 3° del Código Penal, sobre delito de violación sexual contra víctima entre 14 y 18 años de edad" (PDF) (in Spanish). 2013-01-07.
  48. ↑ Foucault, Michel (1988). Krizman, Lawrence D., ed. Politics, Philosophy, Culture: Interviews and Other Writings 1977–1984. New York / London: Routledge. pp. 272–273. ISBN 0-415-90082-4.
  49. ↑ Jenkins, Philip (2006). Decade of Nightmares: The End of the Sixties and the Making of Eighties America. Oxford University Press. p. 120. ISBN 0-19-517866-1.
  50. ↑ Spiegel, Josef (2003). Sexual Abuse of Males: The Sam Model of Theory and Practice. Routledge. pp. 5, p9. ISBN 1-56032-403-1.
  51. ↑ Larson, Aaron (21 February 2016). "What Is a Romeo and Juliet Law". ExpertLaw. Retrieved 5 September 2017.
  52. ↑ Volokh, Eugene (1 May 2015). "Statutory rape laws and ages of consent in the U.S." Washington Post. Retrieved 5 September 2017.
  53. 1 2 3 John Gramlich (July 16, 2007). "New laws take 'Romeo' into account". Stateline.org. Archived from the original on 2015-10-24. Retrieved August 18, 2011.
  54. ↑ "MCL 28.728c. Petition to discontinue registration". Michigan Legislature. Retrieved 5 September 2017.
  55. ↑ "Florida Statutes, Sec. 943.04354. Removal of the requirement to register as a sexual offender or sexual predator in special circumstances". Florida Senate. Retrieved 5 September 2017.
  56. ↑ McLaren, Noël (April 20, 2011). "Understanding the Romeo & Juliet Law". Upper Michigan's Source. Archived from the original on October 6, 2011. Retrieved August 18, 2011.
  57. ↑ Grissom, Brandi (June 29, 2009). "Gov. Rick Perry vetoes bill lifting sex offenders 21, younger from registry". Austin Bureau. Archived from the original on April 26, 2015. Retrieved 21 March 2015.
  58. ↑ Andrea Lucia (June 4, 2011). "'Romeo And Juliet' Law Changes Statutory Rape Definition". CBS DFW. Retrieved August 18, 2011.
  59. ↑ Hannah Hess (March 3, 2011). ""Romeo and Juliet" law fails in Illinois House". STL Today. Retrieved August 18, 2011.
  60. ↑ "'Romeo and Juliet' laws contested". Irish Times. Archived from the original on March 21, 2015. Retrieved August 18, 2011.
  61. ↑ "Court urged to change 'Romeo and Juliet' laws". RTÉ News. April 14, 2011. Archived from the original on 2013-04-07. Retrieved August 18, 2011.
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