Although rare, in some prefectures, even hugging or holding hands with someone underage can be illegal. In these prefectures, engaging in sexual activity with a person under the age of consent can lead to a prison sentence of up to five years. In some, sexual activity with anyone under 15 is illegal, but in others, the age is 18. The Juvenile Obscene Acts, which take precedence over the Penal Code, set out laws relating to the age of consent for specific prefectures. However, chapter 34 of the Child Welfare Act also forbids any act of 'fornication' with children (defined as anyone under 18 years of age). Any sexual activity with a person under 13 is considered to be statutory rape and can result in a prison sentence of up to 20 years.
LEGAL AGE OF CONSENT CODE
The Penal Code of Japan was established in 1907 and sets the age of consent at 13. To further add confusion, some of these guidelines apply to the whole of Japan, while others apply only to a subset of Japan’s 47 administrative regions, or prefectures. Each of these sets out different guidelines as to when sexual activity is acceptable. The three primary laws that define the age of consent in Japan are the Penal Code of Japan, the Juvenile Obscene Acts, and the Civil Codes. As a result, the age of consent varies significantly across the country. Japan has multiple overlapping laws that address the age of consent. Now we'll take a closer look at the age of consent in certain countries. However, Chile and Argentina have the highest ages of consent in the Americas at 18 years old.įinally, note that the age of consent laws, whose purpose is to curb sexual exploitation of minors, are not the same as the minimum age to marry laws, which are designed to deter child marriages. Most countries in South America choose 14 as the age of consent, including Paraguay, Peru, Brazil, Bolivia, and Ecuador. In the United States, the age of consent is decided individually by each state and ranges from 16 to 18. Europe's lowest age of consent is 14, which applies in countries including Austria, Italy, Serbia, Germany, and Portugal.Īruba, Honduras, Costa Rica, and Saint Vincent and the Grenadies all share the lowest age of consent in North America at 15 years old. While most European countries set 16-17 as the age of consent, several others, including Malta and Vatican City, require young people to be at least 18 before legally having sex. For example: If a country has no Romeo and Juliet clause and its age of consent of 16, two 15-year-olds who willingly have sex with one another could both be prosecuted for statutory rape. In areas that do not have close-in-age exemptions, it is possible for a person who is under the age of consent to be held liable for engaging in sexual activity with another underaged person. These laws can remove legal liability when all participants in a sex act are underaged (for example, two 16-year-olds). Many countries, states, or territories also have "close-in-age" exemptions, commonly called "Romeo and Juliet" clauses. These include Libya, Afghanistan, and Saudi Arabia, all of which are highly conservative on issues of gender and sexuality. Additionally, several countries in Asia and Africa require individuals to be married before they can legally have sex. Several other countries, including Niger and Japan, have designated 13 as the age of consent-although Japan has notoriously inconsistent consent laws that designate different ages of consent, ranging from 13 to 20, depending upon where one is in the country.
Angola and the Philippines both set the age of consent at 12, which is the lowest in the world. Most countries require young people to be at least 14 before having sex. In fact, in some jurisdictions, a sexual act can be considered statutory rape even if all participants were underaged.Īge of consent laws vary considerably worldwide. As a result, if a person over the age of consent engages in sexual activity with a partner who is underaged, this activity may be considered statutory rape. To state it another way, in the eyes of the law, they are not yet old enough to consent to sex.
A person younger than the age of consent (i.e.: underaged) cannot legally confirm that a sexual act in which they participated was consensual. The "age of consent" is the minimum age at which a person is considered legally competent to consent to sexual acts.
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