Many countries, states or territories also have “close-in-age” exceptions, commonly known as “Romeo and Juliet” clauses. These laws can eliminate legal liability if all participants in a sexual act are minors (for example, two 16-year-olds). In areas where there are no age-related exceptions, a person who has not yet reached the age of consent may be held liable for sexual activity with another minor. For example, if a country does not have a Romeo and Juliet clause and its age of consent is 16, two 15-year-olds who voluntarily have sex with each other could both be prosecuted for legal rape. The Civil Code also addresses the age of consent at the prefectural level (and sometimes at the level of communes within a prefecture). In Japan, a person must reach the age of 20 to be considered an adult, and parental consent plays an important role in legal issues affecting young people. Obscene laws on minors, which take precedence over the penal code, contain age of consent laws for some prefectures. In some, sexual activity with people under the age of 15 is illegal, but in others, the age is 18. In these prefectures, sexual activity with a person under the age of consent can carry a prison sentence of up to five years. Although rare, in some prefectures, even hugging or holding hands with minors can be illegal. While most European countries set the age of consent at 16-17, several others, including Malta and Vatican City, require young people to be at least 18 before legally having sex. The lowest age of consent in Europe is 14, which applies in Austria, Italy, Serbia, Germany and Portugal.
The Canadian AIDS Society has stated that “raising the age of consent may lead young people to make their sexual practices more secretive and not seek the information they need. This will put adolescents at increased risk of contracting HIV/AIDS and other sexually transmitted infections. [19] The Canadian Council on the Rights of the Child also referred to an article in The Globe and Mail in which it expressed concern that this would reduce condom persecution. [20] The age of consent in the United Kingdom (England, Wales, Scotland and Northern Ireland) is 16. In addition, all UK territories have their own local age of consent laws. At present, however, all of these areas also set the age of consent at 16. In the UK, there are no exceptions for people close to age. Two people under the age of consent can be prosecuted for sexual activity. The age of consent in the Philippines is controversial. Many argue that a person this age does not have the emotional or physical maturity to make an informed decision about sex. In addition, persons under the age of 18 may not have access to protective measures such as contraception or HIV/AIDS testing without parental consent.
The Philippine government is in the process of raising the age of consent to 16, which will likely take effect in 2022. This case raised concerns that child molesters, not only in Canada but also abroad, were taking advantage of Canada`s low age of consent to sexually exploit vulnerable children while avoiding prosecution. [11] The age of consent in Italy is 14 and increases to 16 if one participant holds a position of authority or influence over the other (teacher, clergyman, etc.). In addition, it is illegal to engage in sexual acts if a person under the age of 14 is present to observe them, even if the minor does not participate. Sexual activity with a prostitute under the age of 18 is illegal in Italy. In addition, Italy has an age limit rule that allows 13-year-olds to legally consent to partners under three years older (or less). The government and Attorney General Ryan Pinder should exercise caution and good judgment in how they proceed with respect to the age of consent. To protect youth from sexual predators and combat child sexual exploitation, which is becoming increasingly important in the Internet age, the Canadian government has passed new laws that increase the age of consent to sexual activity. The new legislation came into force on May 1, 2008, and harmonizes Canada`s age of consent with many other countries. Youth aged 12 or 13 may consent to non-exploitative sexual activity with their peers if the age difference does not exceed two years.
For example, a 12-year-old child is considered capable of consenting to sexual activity with a 14-year-old child, but not with a 15-year-old. In 1890, the age of consent was raised from 12 to 14. [7] Finally, it should be noted that age of consent laws, which aim to combat the sexual exploitation of minors, do not coincide with the minimum age of marriage, which aims to prevent child marriage.