1. Any person aged 18 years or over who engages in sexual intercourse or other sexual acts with a person between 13 and under 16 years of age in cases other than those referred to in Articles 142 and 144 shall be punished by imprisonment from 01 to 05 years. 2. The offence committed in any of the following cases shall be punishable by imprisonment for a term of 03 to 10 years: (a) the offence has been committed more than once; (b) the offence is committed against 02 or more persons; (c) the offence is incestuous in nature; (d) the offence results in the pregnancy of the victim; (dd) the offence results in a physical disability of 31% to 60% for the victim; (e) the offence is committed against a person for whom the offender is responsible for care, education or medical treatment; 3. This offence, committed in one of the following cases, is punishable by imprisonment from 07 to 15 years: (a) the offence results in ≥ physical disability of the victim; (b) the offender commits the offence knowing that he or she is infected with HIV; Thirty-one states have set the age of consent at 16, eight at 17 and eleven at 18. Twenty-six states have “Romeo and Juliet” laws, or age limit laws, that legalize sexual activity between underage participants if they are close enough to each other in age. The maximum age differences in these laws vary from state to state. For example, in Colorado, the age of consent is 17, but people under 15 can consent to a partner under four years older, and those under 15 or 16 can consent to a partner up to 10 years older. By comparison, Arizona law sets the age of consent at 18, allowing teens between the ages of 15 and 17 to consent to sex with partners under 24 months of age.
Sex outside marriage is illegal in Iran. [66] The minimum age of marriage in Iran is 15 for men and 13 for women. [67] [68] Ways of circumventing these rules include temporary marriages (nikah mut`ah). [69] With the court`s permission, girls are allowed to marry at a younger age. In 2010, up to 42,000 children aged 10 to 14 were married,[70] and 716 girls under the age of 10 had married. [71] Malaysia also criminalizes consensual sexual activity involving or oral penetration between people of the opposite sex and same-sex, and uses discriminatory and stigmatizing language to describe these activities as “carnal sex against the order of nature.” While these crimes apply to every person, these sexual acts are more often associated with male same-sex sexual activity. Laws criminalizing consensual same-sex conduct should be repealed and all non-consensual sexual acts, including “rape,” should be included in standard provisions for sexual assault such as “rape” and “sexual assault,” as well as sexual offences against children. All these crimes should be gender-neutral. Prior to 2012, there was a presumption that a male under the age of 14 could not consent to sexual intercourse under any circumstances. The law was changed after a 13-year-old boy attacked a 5-year-old girl in a ward of Chai Wan Hospital. The prosecution was unable to convict him of rape, but only of immoral assault.
In 2015, an 11-year-old boy and a 13-year-old boy were arrested after they were found having sex with an 11-year-old girl. Under the new laws, they have the option of being sentenced to the maximum sentence of life imprisonment. [56] These are the questions that need to be asked (not literally) of every adolescent who is about to have consensual sex or who has had consensual sex to see if they are mature enough to make a rational decision,” says Datuk Dr. Amar Singh, senior pediatrician at Raja Permaisuri Bainun Ipoh Hospital, Perak. The age of sexual consent is the same as in Jordanian article 306 of the Penal Code. Consensual sex is legal at age 16. [94] Sexual activity outside marriage is illegal in Afghanistan. The minimum age of marriage is 12 for men and 13 for women. [1] Under the Criminal Law Amendment Act 2013, the age of consent in India is 18. People under the age of 17 cannot legally consent to sexual activity, which could lead to prosecution for rape.
In 1892, the age of consent was 10, but it gradually increased over time to 18. The age of consent should be lowered to 16, as many police-reported cases of sexual assault involve people between the ages of 16 and 18 who engage in consensual sex but are reported by disapproving parents. For example, if we follow this guideline, a person over the age of 18 should have a range of attendance of 16 to 22, which is a much more reasonable age difference. The age of consent in Italy is 14 years and increases to 16 years if one participant occupies 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). Any type of sexual activity outside of marriage is illegal in Saudi Arabia. In 2019, Saudi Arabia officially banned all marriages under the age of 18 for both men and women. [107] The push to ban child marriage was initially challenged by high-ranking clerics, who argued that a woman reaches adulthood during puberty. The lowest age of consent in Europe is 14, which applies in Austria, Italy, Serbia, Germany and Portugal.
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. In almost all Australian territories, including the Australian Capital Territory, New South Wales, Northern Territory, Queensland, Victoria and Western Australia, the age of consent in Australia is 16. However, two Australian 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 is in a position of care or authority (teacher, guardian, clergy, etc.) over the minor participant. Many jurisdictions have age-related exceptions that also vary by region. Any sexual activity outside of heterosexual marriage is illegal in Brunei. [35] The age of consent in Brunei is 16. That`s why we have a law against legal rape,” notes Dr.
Sundramoorthy. The defence against marital rape under the Criminal Code does not meet standards of good practice in most cases. Marital rape is only a crime if the parties are legally separated, if there is an injunction preventing the husband from having sex with his wife, or during the “iddah” period if the victim/survivor is a Muslim woman who lives apart from her husband. The offence of “husband who rapes sexual relations with his wife” is inadequate. Non-consensual sexual relations should be explicitly punishable in law in all circumstances and without exception. Failing to criminalize marital rape or provide a defense of marriage against rape is discriminatory on the basis of sex and marital status, violates other rights, and violates best practices. Even though both parties are of legal age (over 18), these age differences are still questionable due to the power imbalance they create within the relationship. These types of relationships are subject to manipulation, coercion, abuse and violence.
