The Criminal Code on the age of consent has three stages. In the late 1990s and early 21st century, major changes were made to the penal code to change provisions considered obsolete, especially as Romania prepared to join the EU. For example, homosexuality had been decriminalized, the text of several crimes had been amended to make it gender-neutral, the age of consent had been raised to 15 (applies to both girls and boys), penalties for several sexual crimes had been increased, and the provision that a rapist could escape punishment after rape if he married his victim had been abolished. Amendments were made by Act No. 140/1996, Act No. 197/2000, Emergency Decree No. 89/2001 and Emergency Decree No. 143/2002. Nevertheless, the rapid adoption of many laws has resulted in poorly formulated and contradictory texts that have led to difficulties in jurisprudence and doctrine, and several cases have found themselves before the Supreme Court of Cassation and Justice to clarify the interpretation of the law. [ref. needed] Finally, on 1 February 2014, a new penal code entered into force, setting the age of consent at 15. The age of consent in Spain is 16 according to a new law that came into force on July 1, 2015. [123] [124] The age of consent varies by jurisdiction in Europe.
The age of consent is currently between 14 and 18 years. The vast majority of countries set their age between 14 and 16 years; only three countries, Cyprus (17), Ireland (17) and Turkey (18), do not fit this pattern. Laws may also determine what specific activities are permitted or set the age at which either sex may legally participate. Below is a discussion of the various laws that deal with this issue. The highlighted age is the age at which a young person can legally engage in a non-commercial sexual act with an older person, regardless of age difference, provided that the older person is not in a position of power, is not related or commits any other form of exploitation (such as abuse of power or dependency). In some jurisdictions, including Italy and Hungary, there are exceptions where the age difference is within prescribed limits. All jurisdictions in Europe, with the exception of Vatican City, have equal and gender-neutral age limits. Since September 2007, the age of consent has been formally amended by the Criminal Code of September 2007. Although the age of consent in Portugal is 14, the legality of sexual acts with minors between the ages of 14 and 16 must be interpreted legally, as the law states that it is illegal to perform a sexual act with a young person between the ages of 14 and 16 „taking advantage of their inexperience”. [100] Homosexual acts were first legalized in Portugal in 1852, with the same age of consent at that time – although homosexuality was criminalized again in 1886.
They were decriminalized a second time in 1983 and the age of consent was set at 16, which corresponds to heterosexual activity. In 1995, a new penal code was introduced with „different circumstances” for different sexual behaviors. Since September 2007, the age of consent has been 14, regardless of sexual behaviour, gender or sexual orientation. This is a very simple introduction. The age of sexual consent in Vatican City is only 12. This petition calls for pressure on the head of state, the Pope, to raise this age to at least the same level as in Italy. The age of consent in England and Wales is 16, irrespective of sexual orientation or sex, as provided for in the Sexual Offences Act 2003. [140] [141] However, sexual acts that do not involve penetration may be performed from the age of 14. The law imposes several other restrictions on children under the age of 14: it is illegal for an adult to engage in sexual acts against such a child; showing pornographic material to such a child or causing him or her to watch sexual performances; or soliciting such a child to engage in sexual acts (e.g., online advertising). (Articles 221 and 222 of the Criminal Code). [103] 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 his or her inability to exercise sexual self-determination is not exploited. If this is the case, the youngest person should file a complaint against the person over 21 years of age in order to take legal action.
Sexual acts performed without consent or with violence in any situation are illegal. The age of consent in Turkey is the age of majority (set at 18 years according to Article 11 of the Turkish Civil Code). Male homosexuality was illegal under Article 175, regardless of age since 1872. Female homosexuality has not been prosecuted. In West Germany, male homosexuality was legalized in 1969. The age of consent was set at 21 and lowered to 18 in 1975. Only men over the age of 18 may be delinquents and the courts may refrain from punishing if the offender is not yet 21 years of age. In the GDR, the penal code was supplemented in 1957 by a provision that allowed prosecution to be waived if socialist society had not been harmed by the illegal act.
With regard to article 175, this means that male homosexual acts are prosecuted only if they concern minors, i.e. persons under the age of 18. The new Penal Code of 1968 officially legalized homosexuality and criminalized only homosexual acts committed by adults with minors in Article 151, which is now gender-neutral. In 1987, the GDR Supreme Court ruled that homosexuality, like heterosexuality, was a variant of sexual behavior. In 1989, section 151 was repealed and section 149 amended to include any sexual orientation. Previously, the age of consent was set at 14 years under Article 153 of the Criminal Code of Lithuania, which prohibits sexual harassment or sexual relations with minors under the age of 14.