China Age of Consent Rules

In almost all Australian territories, including the Australian Capital Territory, New South Wales, the Northern Territory, Queensland, Victoria and Western Australia, the age of consent in Australia is 16. However, two of Australia`s territories, Tasmania and South Australia, have raised the age of consent to 17. As in many countries, the age of consent increases to 18 if the oldest participant happens to be in a position of care or authority (teacher, guardian, clergy, etc.) over the minor participant. Several jurisdictions have age-related exceptions, which also vary by region. The age of consent in Sri Lanka is 16 years, regardless of gender or sexual orientation. However, girls belonging to Sri Lanka`s Moorland and Malay minorities, who make up about 10% of the national population, are allowed to marry after 12 years and under 12 years with the consent of the religious leader Moulavi and the father, brother, uncle and grandfather. The law also presupposes the non-consent of male victims under the age of 14. There is a prison sentence (maximum 10 years) for male victims under the age of 16 (Article 346), while Article 347 provides for an unspecified custodial sentence with male victims who consent under the age of 21. Age of consent laws vary widely around the world. In most countries, young people must be at least 14 years old before having sex. But there are exceptions.

Angola and the Philippines both set the age of consent at 12, which is the lowest in the world. Several other countries, including Niger and Japan, have set the age of consent at 13 – although Japan has notoriously conflicting consent laws that set different ages of consent of 13 to 20 depending on where you are in the country. In addition, several countries in Asia and Africa require individuals to be married before they can legally have sex. These include Libya, Afghanistan and Saudi Arabia, all of which are very conservative on issues of gender and sexuality. Another public interest lawyer, Wang Yongmei, is advocating for even more important reforms. She wants adults to be excluded from sexual relations with people under the age of 18. Ms. Wang would allow certain arrangements for consensual sex between teenagers because she has seen cases where angry mothers falsely accused their daughter`s boyfriend of rape.

China needs a child protection agency and a trained female police force to support rape victims, she added. Thirty-one States set the age of consent at 16, eight at 17 and eleven at 18. Twenty-six states have “Romeo and Juliet” laws, or age-related laws, that legalize sexual activity between underage participants if they are close enough in old age. The maximum age differences in these laws vary from state to state. For example, in Colorado, the age of consent is 17, but those under 15 can agree with a partner under four years older, and those who are 15 or 16 years older can agree with a partner who is up to 10 years older. In comparison, Arizona law sets the age of consent at 18, but allows teens between the ages of 15 and 17 to consent to sex with partners under the age of 24 months. The Japanese Penal Code (1907) sets the national age of consent at 13 years. [73] Section 176 (“Forced Indecency”) provides for a prison sentence of 6 months to 10 years for “indecent acts” committed against men and women under the age of 13, and Section 177 (“Rape”) provides for a minimum penalty of 3 years for sexual intercourse with women under the age of 13. [74] In 2017, section 177[75] was amended to specify vaginal and oral sex and extended to all persons (men and women) under the age of 13. The change also increased the minimum prison sentence from 3 years to 5 years. [76] The legal age of consent to sexual activity varies by jurisdiction in Asia, ranging from 9 (Yemen) to 21 (Hong Kong for women who have sex). The specific activity or gender of the participants may also be relevant factors.

Below is a discussion of the different laws that deal with this topic. Highlighted age refers to an age at which or above one person can enter into unfettered sexual relations with another who is also at or above that age. Other variables, such as same-sex relationships or close age exceptions, may exist and are noted if necessary, for example in Indonesia. Of course, it is not enough to raise the age of consent; We must also be aware of the fact that many sexual crimes fall through the cracks because they are committed by acquaintances of the victims. This is particularly relevant for sexual activities of minors that take place in relationships of trust, for example between teachers and pupils or guardians and children in their care. Many countries have set a special age of consent for such relations, and China should do the same. And we should consider setting up a sex offender registry to prohibit them from working that involves close contact with minors. The previous position regarding same-sex couples is contained in § 118C, which provides that a man who commits or suffers from problems with a man under the age of 21 will be sentenced to life imprisonment if convicted.

[54] However, this section was deleted as unconstitutional in Leung TC William Roy v. Secretary of Justice. [55] Therefore, the age of consent between two men has effectively been aligned with that between a man and a woman, which is 16 years. A person over the age of 21 may engage in sexual activity with a person who is 14 years of age or older but not yet 16 years of age, provided that the younger person`s lack of capacity for sexual self-determination is not exploited. If this is the case, the youngest person would have to file a complaint against the person over the age of 21 so that legal action could be taken. Sexual activities carried out without consent or with violence in any situation are illegal. “A 16- or 17-year-old is not allowed to consent to sexual activity if the sex offender is in a position of trust or authority towards him, for example, his teacher or coach, because the young person depends on the abuser,” Zhu said. The age of consent in Singapore is 16 years for all male and female sexual activities: “Article 140: (1) Any person who – (…) (i) has a carnal association with a girl under the age of 16, except by marriage … – is guilty of a crime. [110] The age of consent in mainland China is 14. China`s two special administrative regions, Macau and Hong Kong, have their own local age of consent laws. As in China, Macau`s age of consent is 14.

The age of consent in Hong Kong is 16. While most European countries set the age of consent between 16 and 17, several others, including Malta and Vatican City, require young people to be at least 18 years old before having sex legally. The lowest age of consent in Europe is 14, which is true in countries like Austria, Italy, Serbia, Germany and Portugal. The age of consent of 14 years (16 years for “non-default” girls whose parents have filed a complaint) was set in 1872 by the Penal Code of the German Reich. When Germany split into West Germany and the German Democratic Republic after World War II, each territory established slightly different consent codes. After the reunification of Germany, the age of consent remained at 14 and the Code § 182 was updated with the current guidelines. Age of consent laws apply to all forms of sexual activity, from kissing and fondling to sexual intercourse. The “age of consent” is the minimum age at which a person is considered legally qualified to consent to sexual acts. A person under the age of consent (i.e., a minor) cannot legally confirm that a sexual act in which he or she participated was consensual.

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