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2. Can a woman commit indecent assault?

In the Americasthe legal age of consent relating to sexual activity varies by jurisdiction and region. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject.

The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, for example close-in-age exemptions, may exist and are noted when relevant. The age of consent in Canada is As of Augusteach U. The age of consent in Mexico is complex. Sexual relations which occur between adults and teenagers under 18 are left in a legal gray area: laws against corruption of minors as well as estupro laws can be applied to such acts, at the discretion of the prosecution.

These laws are situational and are subject to interpretation. The general age of consent in Mexico is The ages of consent in the countries of Central America range from 14 to In South Americathe only country where male same-sex sexual conduct is illegal is Guyanaand the under countries with a higher age of consent for same-sex sexual relations than opposite-sex ones are Chile and Paraguay.

The below is a list of all jurisdictions in the Americas as listed in List of sovereign states and dependent territories in the Americas. The age of consent is the age at or above which a person is considered to have the legal capacity to consent to sexual activity.

Persons below the age of consent may not, by law, give consent, and sexual relations involving such persons may be punished by criminal sanctions similar to those for rape or sexual assault. Non-violent sexual contact with persons under the age of consent may be punished with varying degrees of severity, ranging from a misdemeanor with a simple fine, to a felony with a punishment equivalent to rape.

Different ages may apply if one partner is in a position of power or authority over the other, such as a teacher, manager, coach, parent or stepparent. For example, in Indiana the age of consent is 16 but it is illegal for a person over 18 to have sex with anyone under 18 if they work at their school, are their parent or a stepparent, or are a person recruiting them to join the military.

Historically, the age of consent applied to male-female relationships; same-sex relationships were often illegal regardless of the ages of participants. Modern laws vary, and there may be multiple ages that apply in any jurisdiction.

For instance, different ages may apply if the relationship is between partners of the same sex, or if the sexual contact is not strictly vaginal intercourse. In the Americasmany countries have different levels of protection or of restriction for sexual activities with minors. The age at which there are no restrictions indicates the moment when someone reaches full sexual autonomy with respect to the law, while the minimum age of consent shows the minimum age at which someone can legally give consent, however under certain restrictions or circumstances.

Sexual acts with someone under this minimum age are legally classified as sexual abuse. The extent and nature of these restrictions or circumstances vary according to the country and are explained below in the proper section. In Antigua and Barbudathe age of consent under The age of consent in Anguilla is In Argentinathe age at which there are no restrictions for sexual activities is 18 [ citation needed ]regardless of gender or sexual orientation [ citation needed ].

Sexual acts with children younger than 13 are illegal [ citation needed ]. Sexual relations with teens are addressed by several laws [ citation needed ]. None of under laws explicitly outlaws such relations, but makes them open to prosecution under certain circumstances such as if the relation is considered exploitative or if the minor was "corrupted". Restrictions apply for under with adolescents between the ages of 13 and 16 Argentine Penal Code, Article Charges can be brought only after a complaint by the minorunder parent or guardian - Argentine Penal Code Article 72 however, the State prosecutes when the minor has no parent or legal guardian, or when the offender is one of them.

Penal Code, Article combined with Article1st and 3rd paragraphs. There is also a further Argentine law, 'Corruption of minors', which can bring charges to those manipulating minors below the age of 18 into having sexual relations - Argentine Penal Code Article - in Spanish.

The age of consent in Aruba is 15, as specified in Article of the Criminal Code of Aruba which Aruba adapted after its secession from the Netherlands Antilles which reads:. Article "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached fifteenperforms indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than eight years or a fine of at most florin ".

In The Bahamasthe age of consent for opposite-sex activity is 16 and the age of consent for same-sex activity is Homosexuality was legalized inbut "public homosexuality" is an offense that carries a year jail term without parole.

Section 5, part I "Sexual intercourse with person between 14 and 16" of the Sexual Offences Act In Belizethe age of consent is 16, regardless of sexual orientation or gender. Criminal Code [CAP. There also exists Estupro law Art. The Bolivian Family Code Art. In Brazilthe age of consent is 14regardless of gender or sexual orientationwith a judicial precedent showing that a close-in-age exception that allows those aged 12 and 13 to engage in sexual activity with partners who are 5 years older or less is legal, although not legally formalized.

Sex with minors below the age of 14, at least for all those older than 18, [20] is equivalent to statutory rape and is legally defined by Article A of the Brazilian Penal Code see text here in Portuguese as the "rape of a vulnerable person", with a penalty of 8 to 15 years in prison. The prostitution of minors all ages under 18 is punished by law and is prosecuted by the State [ citation needed ]according to the Code of Minors Article Aas well as according to the Penal CodeArticles B, and A.

The law makes no distinctions between sexual orientation cases. In any case, only individuals aged 18 or older can be legally charged, since this is the Brazilian age of criminal responsibility according to the Federal ConstitutionArticle The Brazilian Imperial Codein its Articleadded by Notice ofestablished the age of 17 for the legal presumption of violence in sexual relations.

Sex with young adolescents aged 12 or 13, although under the age of statutory rape, were then also prosecuteable only by parents Article see old version of the Penal Code here — in Portuguesewhile sex with those younger than 12 was prosecuted by the State based on the legal definition of child Article 2nd of the Code of Minors.

In March under, the crime of seduction of minors Article of the then Penal Code was abolished by the Brazilian Congress. It was under only when the victim was a virgin woman between 14 and In Augustthe crime of corruption of minors former Article of the Penal Code referring to consensual acts with adolescents aged 14 to 17 without parental consent was abolished by Law The crime was replaced with a new one under the same name but now applicable to sexual acts sex minors below 14, however prosecuteable no longer by legal guardians but by the State according to the new Article of the Penal Code.

The crime of sexual harassment Article A of the present Penal Code practiced in situations under hierarchical superiority or ascendency in a jobposition or occupation is now punisheable with a higher penalty if the victim is younger than 18 years old 2nd Paragraph.

There exist two close-in-age exemptionsdepending on the age of the younger partner. A youth of twelve or thirteen can consent to sexual activity with an individual less than two years older than they. A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is less than five years older than they. Criminal law including the definition of the age of consent is in the exclusive jurisdiction of the federal governmentso the age sex consent is uniform throughout Canada.

Section of the Criminal Code of Canada makes it a crime to touch, for a sexual purpose, any person under the age of sex years. Section then goes on to prohibit the sexual touching of a person under 18 by a person in three circumstances: if he or she is in a "position of trust or authority" towards the youth, if the youth is in a "relationship of dependency" with him or her, or if the relationship is "exploitative". The term "position of trust or sex is not defined in the Code but the courts have ruled that parents, teachers, and medical professionals hold a position of trust or authority towards youth they care for or teach.

Section 1. The "position of trust under 18" anti-exploitation rules were expanded in by Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the nature and circumstances of the relationship including the age of the younger party, age difference, evolution of the relationship how it developed, e. This passed before the amendments, and they were not repealed so they are still in effect and can apply towards adults in these situations with young persons over the age of consent and under 18 Where an accused is charged with an offence under s.

During the 19th century, the age of consent for heterosexual vaginal sex was 12; in sex, the Parliament raised the age of consent to Ina law was enacted that made the "seduction" of a girl over 12 and under 16 "of previously chaste character" a criminal offence; the "seduction" of a female under 18 "under promise of marriage" was also made illegal inand amended in to apply to females under The new measures still allow for close-in-age exceptions between 12 and if there is no more than a two-year gap for those 12 and 13, or a five-year gap for those 14 and Inthe Criminal Code was amended to provide exemptions to the criminalization of consensual anal intercourse, including exemptions for husbands and wives and all persons over the age of InSection was enacted, reducing the applicable age from 21 to Female homosexuality was never illegal in the former British colonies; oral sex was legalized in with the same age of consent as vaginal sex.

The age of consent in Cayman Islands is Art "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached sixteenperforms indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than sixteen years".

Before prosecution, the public attorney will, if possible, allow the minor to indicate if prosecution is deemed desirable. In Chilethe age at which there are no restrictions for sexual under is 18while the minimum age of consent is Limitations exist between 14 and 18 years old Art.

Even when not clearly stated in Underlater on, in Articlehomosexual activity is declared illegal with anyone under 18 years old. There also exists in the Chilean Penal Codea legal figure called estupro. This figure establishes some limitations to sexual contacts with children older than 14 and younger than 18 years old.

The estupro legislation Article defines four situations in which sex with such children can be declared illegal even if the minor consented to the relationship non-consensual sex with anyone older than 14 y. The sexual acts regulated by Articles rapestatutory rapeestuproand homosexual sex are defined as "carnal access" acceso carnalwhich means either oral, anal, or vaginal intercourse. Other articles within the penal code regulate other sexual interactions Articles bis,bis, ter, quarter.

Article bis, regulates the "introduction of objects" either in the anus, vagina, or sex. Article bis, defines "sexual act" as any relevant act sex sexual significance accomplished by physical contact with the victim, or affecting the victim's genitals, anus, or mouth, even when no physical contact occurred.

Article states that charges relating to these offenses Articles to can be brought only after a complaint by the minor or the minor's parent, guardian, or sex representative. Nevertheless, if the offended party cannot freely file the complaint and lacks a legal representative, parent, or guardian, or if the legal representative, parent, or guardian is involved in the crime, the Public Ministry may proceed by its own.

Inthe age of consent for opposite-sex activity was Inthe age of consent was set at 14 for both girls and boys in relation to heterosexual sex. Clipperton Island is an uninhabited nine-square-kilometre approx. The laws of France where applicable apply. The Criminal Code of Colombia Act of as it was modified by article 4 of law ofsets the age of consent at 14regardless of gender or sexual orientation. Estupro law existed in Criminal Code of art and of Decree of and has since been repealed by Act of The Colombian Civil Code Article and Article allows female and male adolescents aging from 14 sex 17 years old to marry only if written permission is obtained from the parents or guardians of the adolescent s.

Costa Rica does not have an exact age of consent but has age difference limits between sexual partners, independent of gender. Costa Rican law makes it illegal for a person 18 years of age or older to have sexual relations with another person less than 15 years old if the older party is five or more years older than the minor. If the younger sexual partner is between 15 and sex years old, the maximum age difference permitted is seven years.


Indecent assault is an offence contrary to section of the Crimes Ordinance Cap. An indecent assault is an assault coupled with circumstances of indecency. Some conducts are clearly indecent e. However, other conducts such as the under of buttocks or kissing may not always be clear-cut, and such matters as the relationship between the accused and the victim and the background and circumstances leading to the conduct may need to be considered.

The prosecution must prove: 1 that the accused intentionally assaulted the victim; 2 that the assault, or the assault and the circumstances accompanying it, are capable of being considered by right-minded persons as indecent; 3 that the accused intended to commit such an assault as is referred to in 2 above.

It depends on whether the touching is intentional or accidental. If the touching is accidental and the contact is the inevitable result of the overcrowding, no assault is committed. We are all treated as consenting to the inevitable personal contact arising from daily life. If however the overcrowding is used as an opportunity to commit an assault, sex assault is committed. The court will examine all the evidence, including any explanation given by the defendant, whether at the time or subsequently, and the circumstances in which the contact occurred.

It will then decide whether the contact was accidental or deliberate. Yes, a woman can commit indecent assault upon another male or another female. Indecent assault is not gender specific. If the wife does not consent to the particular sexual contact, there may be an indecent assault.

The question is whether the wife consented to the action in question and, if so, whether what was done was indecent in all the circumstances of the case. Even if the wife did not consent, the husband may still have a defence if he genuinely but mistakenly believed his wife consented to the action in question.

An example would be where the defendant leads the victim to believe he will be demonstrating a first aid technique but in reality a sexual assault is intended and takes place. The misrepresentation about the nature of the intended activity means that the victim does not give a true under informed consent to the activity which occurs.

There is an indecent assault. Similarly if a person falsely claims to be a doctor and is allowed to carry out sex intimate examination which would not have been allowed had the victim known under true situation.

Rape is committed by a man having non-consensual sexual sex with a woman. Section 3 of the Crimes Ordinance Cap. In Hong Kong, rape can only be committed by a man upon a woman. A man commits rape if he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it and at the time he knows she does not consent or is reckless whether she consents or not.

A under who helps or encourages a man to rape a woman may be charged with aiding and abetting rape. Under the common law, it is conclusively presumed that a boy under 14 years of age is incapable of sexual intercourse. Therefore even if a boy under 14 is biologically capable of sexual intercourse and intercourse has, as a fact, occurred he cannot be convicted of an offence of rape as rape specifically requires sexual intercourse.

He could, however, be convicted of the offence of indecent assault. Indecent assault is not dependent upon sexual intercourse but extends to general acts under indecency. That recommendation has received widespread support. The Government has announced it will implement the recommendation. To amount to rape, there must be penetration of the vagina by the penis.

This is why, in Hong Kong, rape can only be committed by a male upon a female. The slightest penetration is enough and completion of the intercourse by the ejaculation of semen is not required. Penetration is a question of fact in each case. Penile penetration of a part of the victim's body other than the vagina, such as the mouth or anus, does not amount to rape, nor does penetration of the vagina by an object or a part of the body other than a penis.

The essence of rape is the absence of consent to sexual intercourse. The prosecution must prove either that the defendant knew the victim did not consent or that he was reckless whether the victim consented or not.

Unlawful sexual intercourse occurs where the victim does not consent, the man either knows there is no consent or presses ahead regardless whether she consents under not. The prosecution must prove beyond reasonable doubt sex there was no consent.

Absence of consent does not mean there must have been resistance from the victim. The victim might have been unconscious and so could not consent to sexual intercourse.

Consent must be distinguished from submission. A woman threatened with a knife might not resist sexual intercourse out of fear. She has not, in common sense, willingly and freely consented to sexual intercourse. Consent is absent where sexual intercourse is obtained by fraud or deception as to the nature of the act. For example, if a man deceives a girl that the act of intercourse is part of the necessary medical examination, there is no consent.

However, if the deception relates not to the nature of the act of intercourse but to the objectives or reasons, consent may not be vitiated. For example, in an actual case in Court of First Instance HKSAR v Chow Kam-wahthe defendant procured sexual intercourse with a superstitious girl victim by falsely representing that by having sexual intercourse with him the ghost following the victim would be exorcised.

He was charged and convicted not of rape but of another offence of procuring a woman to do a sexual act by false pretences contrary to section 1 of the Crimes Ordinance. A defendant is reckless whether the victim consented to sexual intercourse where he could not have cared less whether she consented or not.

This is sometimes referred to as pressing ahead regardless of whether the victim consented or not. This is a question of fact for the jury in each case. As rape is sexual intercourse without consent, a man who has a genuine belief that the woman was consenting cannot be convicted of rape even where she did not in fact consent.

The genuine belief in consent means that the man did not intend to have sexual intercourse without consent. Similarly a genuine belief in consent means that he was not pressing ahead regardless of whether she consented or not. The question for the jury is whether or not there was a reasonable doubt that the defendant subjectively believed there was consent. If he had that belief he must be acquitted even if sex jury finds that, objectively, the belief was unreasonable. Realistically however, the more objectively unreasonable the claimed belief is, the less likely the jury under find there was a genuine belief, but the question for the jury is whether the belief was held.

A woman can withdraw her consent during intercourse. A man who continues with sexual intercourse after the woman has told him to stop commits rape. Rape occurs once the defendant knows consent sex withdrawn but nonetheless continues the sexual intercourse.

The sentence for each case will depend upon the facts. The courts have held the following non-exhaustive to be aggravating features:. A female under the age of 16 may factually consent to sexual intercourse. That consent means that rape is not committed. However, she must have understood the nature of the act for the consent. This consent may amount to a defence to a charge of rape.

Even if there is consent to sexual intercourse, the defendant could be convicted of unlawful sexual intercourse with a girl under 16 years of age contrary to section of the Crimes Ordinance. If the girl is under 13 years of age, section of the Crimes Ordinance applies.

The maximum penalty under section is life imprisonment. Both section and section are offences of strict liability. Provided sexual intercourse is proved and, as a fact, the girl was at the time under 13 or 16 as the case may be, the defendant will be convicted irrespective of any belief that the girl in question was older than 13 or 16 as the case may be. The consent of a girl under 16 is no defence to a charge of indecent assault as, in law, she cannot consent.

Rape is sexual intercourse with a woman without her consent. The accused must be shown to have known she sex not consenting or to have been reckless whether she consented or not. As a fact a woman who is sleeping is not in a position to give consent. The sexual intercourse will be rape unless there is a genuine belief in consent. It is hard to see how a defence of genuine belief sex succeed in such a situation where the female and the man are strangers to each other.

At the very least a man who has under intercourse with a woman who is sleeping is reckless whether or not she consents to that sexual intercourse. Self-induced intoxication whether by alcohol, drugs or a substance is no defence to a charge of rape. Rape is sexual intercourse with a woman who does not consent.

The man must know she under not consent or be reckless whether under consents or not. A man who argues that because of self-induced intoxication he did not understand she was not consenting and accordingly went ahead, is at least reckless whether she consents or not. He cannot claim he honestly believed she was consenting and at the same time claim that because of his intoxication he did not understand her protestations she did not want sexual intercourse.

Where the victim is intoxicated, the first question is whether or not she consented to sexual intercourse. Her intoxication may mean she was factually unable to consent. If absence of consent is proved, the next question is whether the defendant genuinely believed she was consenting.

This is a question of fact in the circumstances of the particular case. A man who plies a woman with alcohol, drugs or under substance as part of a plan to have sexual intercourse with her in any event, commits rape when that sexual intercourse occurs.

The prosecution must then prove beyond reasonable doubt either that the husband knew that the wife was not consenting to that intercourse or that he was reckless whether or not she consented. This will be a question of fact in each case.

Simply because there has been consent to sexual intercourse in the past does not inevitably mean there is consent this time. The act sex buggery itself is not illegal in Hong Kong. It is now settled in law that consenting men over 21, who commit buggery, do not commit an offence under the current law. A person who commits an act of sex is not punishable unless he or she has committed buggery in a prohibited circumstance, e.

Since the decision in Leung TC William Roy v Secretary for Justice and on appealthe Courts have ruled various homosexual offences as being unconstitutional see below.

A person who procures a man to commit an act of sex with a third person, who is another man, shall be guilty of an offence under section G of the Crimes Ordinance. It means that the defendant has committed certain acts, such as encouragement or inducement, which leads to the buggery committed between the victim and the third party.

This is the case if:. Is it statutory rape if I am 16 and my girlfriend is 19? Statutory rape happens when your boyfriend or girlfriend is at least 18 years old AND is four 4 years older than you. Therefore, if you are 16 and your girlfriend is 19, you are only 3 years apart and it is not statutory rape. If you want to know more about your right to consent to abortion, taking the pill, STD testing, etc.

Albuquerque Rape Crisis Center hour hotline Toll free National Domestic Violence Hotline Toll free We take no responsibility for errors. The emphasis is upon deterrence. The objective of the legislation is the protection of girls under 16 years of age. These matters may however be relevant in mitigation of sentence. This is a narrow defence. It is dependent upon there having been a marriage which is invalid under section 27 of the Marriage Ordinance Cap.

It is not enough for the man simply to claim a belief in a marriage, there must be reasonable cause. The burden of showing reasonable cause for the claimed belief is upon the defendant. This statutory defence only applies to offences under section of the Crimes Ordinance. Because the statutory defence will rarely, if ever, be established, in reality, section is an offence of absolute liability.

Buggery with a girl under the age of 21 is, currently, an offence contrary to section D of the Crimes Ordinance Cap. The maximum penalty is life imprisonment. The offence is committed where there is penetration of the anus by the penis. The slightest penetration is sufficient: ejaculation is not necessary.

Whether there has been penetration is a question of fact. Whether or not there is consent to the buggery is irrelevant. Buggery may be seen as equivalent to sexual intercourse in the traditional sense of those words.

Provided there is consent, sexual intercourse between a man and a woman aged 16 is not unlawful. Arguments may, therefore, arise whether section D is unconstitutional insofar as it applies to a girl aged 16 or above but below 21, because it discriminates unfairly between sexual intercourse and buggery.

It may be suggested that the different age limits for permissible sexual intercourse and permissible buggery with a girl infringe the right of equality contained in the Basic Law and in the Hong Kong Bill of Rights Ordinance , Cap.

Each case will depend upon its own facts. Generally, the following factors will be considered upon sentence:. Under the current law unlawful sexual intercourse contrary to sections and of the Crimes Ordinance are offences of absolute liability.

Your belief that the girl was over 13 years of age, or over 16 years of age as the case may be, is no defence. You will still commit an offence. Unlawful sexual intercourse offences with underage girls are concerned with the act of sexual intercourse and the age of the girl when the act occurred, not with whether or not the girl consented.

If she did not consent, you could be charged with rape contrary to section of the Crimes Ordinance. Self-induced intoxication such as drinking alcohol is not a defence to unlawful sexual intercourse. The questions are whether sexual intercourse occurred and the age of the girl at that time.

A person will only be liable under this section if the following elements are proved beyond reasonable doubt:. A girl leaving her parents or guardian as a result of persuasion, inducement or blandishment is sufficient. It is immaterial whether the girl consents or not.

This will depend upon the particular case. There must be substantial interference with the possession of a parent or guardian over his or her child. Whether a girl is in the possession of her parent or guardian is a question of fact.

A girl could still be in the possession of her parent or guardian while she is away from home if she intends to return. For example, where a girl is walking in the streets and she is forced onto a car and taken away, this will amount to a substantial interference with the possession of the parent.

That conduct could also amount to the common law offences of false imprisonment or kidnapping: taking a person from the place where they are by force and against their will. If there is doubt about whether the girl was in the possession of her parents and the removal is by force and without her consent, false imprisonment or kidnapping would be the better charge. Section requires the taking to be with the intention the girl shall have sexual intercourse with men or with a particular man.

That is the required corrupt motive or mens rea guilty mind. There must be the sexual intercourse motive. For example, persuading a girl under 18 years of age to leave her parents because of violence she has received from a parent is not within section The purpose is to remove the girl from an abusive parent and not for the purpose of her having sexual intercourse with men or a particular man.

In this situation there is an evidential burden upon the defendant to raise and support the non-corrupt purpose.

The prosecution will then have to negative the claimed non-corrupt purpose by proving that the removal was for purpose of the girl having sexual intercourse with men or with a particular man. It depends upon the purpose of the girl leaving her parents. If the purpose is for her to have sexual intercourse with men or a particular man, helping her leave her parents at her suggestion could bring you into section It is not an offence to have sexual intercourse with a girl aged 16 or over.

This is a relevant consideration in section situations. Section is an ulterior intent situation. There must be abduction. That abduction must be for the purpose of the girl having unlawful sexual intercourse with men or a particular man.

The offence is not gender specific and can be committed both by a man and by a woman. The act committed by the defendant must be grossly indecent. This means that the act or acts in question must be grossly indecent applying the standards of right thinking members of the community. Whether the conduct is grossly indecent will depend upon the circumstances of the particular case. In a case it was held that a teacher who had kissed his student on the face and lips did not commit an offence under section His act, although indecent, was not grossly indecent according to the standards of contemporary society.

A section offence is committed either by the defendant doing a grossly indecent act towards the child or by inciting the child to commit a grossly indecent act with or towards the defendant. Persons who invite or encourage the child to commit a grossly indecent act upon them commit an offence just as if they had done a grossly indecent act towards the child. Even though the defendant might remain passive during the activity, a section offence is committed if the grossly indecent activity by the child upon the defendant follows invitation or encouragement by the defendant.

An example would be where the defendant exposes his or her private parts and invites the child to touch those private parts. It is immaterial whether the child consented to the acts which were done to him or her or agreed to the acts he or she was invited to do upon the defendant. Once the acts and the age of the child are proved, the defendant will be convicted.

Section 3 provides a statutory defence if the person who commits an act of gross indecency with or towards a child or incites a child to commit such an act with or towards him or her believes on reasonable grounds that he or she is married to the child. You will still be liable. If my intention is not with indecent motive, for example, sexual gratification, will my acts still be considered as indecent?

Sexual gratification is not a pre-condition for section gross indecency. It does not, therefore, follow that the absence of sexual gratification means there cannot be an act of gross indecency. The question is whether there was or was not an act of gross indecency with or towards a child under 16 years of age.

For example, the Court has held that making a child change clothes, hold up her skirt, kneel on a bed and raise her buttocks in the air whilst the defendant video-recorded the process satisfied the requirements of section Even though the person making the video recording claimed not to have done so for sexual gratification, the activity was grossly indecent and he had brought that about.

He was convicted under section The conviction was upheld on appeal. If, as a fact, you invited or encouraged the child to commit a grossly indecent act upon you, you are liable even if you remain passive during the act. The question is whether in the circumstances of the particular case your conduct amounted to an invitation to the child to do or to continue the activity in question.

It is an offence contrary to section 1 of the Crimes Ordinance Cap. There must be a causal link between what was done by the defendant and the unlawful sexual intercourse with a third person.

For example, there will be no procurement if a woman is already a prostitute. Unlawful sexual intercourse must be proved. As with rape, the slightest penetration of the vagina by the penis is sufficient, and ejaculation is not required. Prostitution does not require sexual intercourse though frequently that will occur. The essence of prostitution is the offer of the body for acts of lewdness in return for payment. The prosecution must prove that the defendant actively encouraged the prostitution or the unlawful sexual act.

This is a question of fact in each case. Prostitution may be caused or encouraged by knowingly allowing the boy or girl to consort with prostitutes or enter or continue in the employment of any prostitute or person of known immoral character. Allowing a girl or boy under the age of 16 for whom the defendant is responsible to work or to continue to work in premises where the defendant knows that prostitution or unlawful sexual acts take place would likely be seen as encouragement for the purposes of section Pornographic depiction means a visual depiction:.

The pornography may be by electronic or other means, and includes data stored in a form that is capable of being converted into a photograph, film, image, such as a computer file for example.

Assuming the computer CD contains child pornography, you are in possession of child pornography, contrary to section 3 3 of the Prevention of Child Pornography Ordinance Cap.

As you have viewed the computer disc you cannot argue that you had not seen the child pornography and you did not know or suspect the computer disc contained child pornography.

However section 4 3 of the Ordinance provides a possible defence. The first thing you have to establish is that you had not asked your friend to provide you with child pornography.

Assuming the computer disc was a gift from a friend and he did not tell you what it contained, the first requirement of the defence will likely be established. The defence under section 4 3 requires that within a reasonable time of you realising the computer disc contained child pornography you endeavoured to destroy it.

Whether you endeavoured to destroy the child pornography, for example by deleting the files or destroying the disc is a question of fact. Whether you did that within a reasonable time is also a question of fact. If you watched the disc until its end, you would not have endeavoured to destroy the child pornography within a reasonable time. Yes, the police or the Customs and Excise may apply to a magistrate under section 5 of the Prevention of Child Pornography Ordinance Cap.

Anything which contains evidence of the commission of offences under section 3 of the Ordinance may also be seized. If the OAT classifies the photographs or articles as Class I meaning it is neither obscene nor indecent or Class II meaning it is indecent , this is a defence to charges under section 3 of the Prevention of Child Pornography Ordinance Cap.

The OAT may impose conditions or restrictions relating to the publication of a Class II articles, for example to how they may be sold. It is an offence under section A of the Crimes Ordinance Cap. It is a defence to a charge under section A if the person pornographically depicted is above the age of 16 but under 18, that person consented to being so depicted and the pornography was made or performed solely for the personal use of the Defendant and the person depicted.

Though the prohibited activities within section A do not cover watching a live pornographic performance by a child, depending on the extent of involvement, one who participates in watching the live performance may be guilty of the offence of aiding and abetting the commission of the section A offence. It was an offence contrary to section H of the Crimes Ordinance Cap.

It was an offence contrary to section J of the Crimes Ordinance Cap. It is an offence contrary to section I of the Crimes Ordinance Cap. A mentally incapacitated person is a mentally handicapped or disordered person whose disorder or handicap makes that person incapable of living an independent life or guarding against serious exploitation.

A person who does not know and has no reason to suspect that the other person is mentally handicapped does not commit an offence under section I. Knowledge is a question of fact. The court will look at all the circumstances of the case, including anything the defendant says and the relationship between the parties, when considering whether knowledge is proved. Gross indecency is not defined in the Crimes Ordinance Cap. It will be for the court to decide in each case whether there is gross indecency applying the standard of right thinking persons in contemporary society.

This means the definition of gross indecency is flexible and reflects changing standards within society. It is an offence contrary to section K of the Crimes Ordinance Cap.

This offence covers situations where gross indecency is in fact brought about by the defendant but there is no threat or hostility towards the person doing the indecent act.

Paying a person to perform a grossly indecent act upon a friend would amount to procuring: your request and your payment brought about the grossly indecent act. The maximum punishment for the offence is 7 years imprisonment. As the offence is a common law offence, there is no specified punishment in any Ordinance in Hong Kong. The maximum punishment of 7 years imprisonment is provided by section I of the Criminal Procedure Ordinance Cap.

The offence is intended to prevent the corruption of the mind and the destruction or erosion of values of decency, morality and good order. In considering the affect upon members of the public, the courts apply the standards of right thinking members of the community.

In general, the offence applies to all grossly scandalous behaviour or behaviour that openly outrages indecency or is offensive and disgusting, or is injurious to public morals by tending to corrupt them.

The prosecution must prove that the activity complained of was committed in public. That means the offence must be committed in circumstances where there is a real possibility of members of the public witnessing the act. What is done must be sufficiently lewd, obscene or disgusting to be an outrage to public decency. It is not necessary for the prosecution to prove that persons who witnessed the act were outraged. Though the prosecution can call evidence from persons who witnessed the act, ultimately the question of wheter the act outrages public decency is for the court trying the case.

It is not necessary to prove that the defendant intended to outrage public decency or was reckless whether or not the public would be outraged. It is sufficient for the prosecution to prove the defendant intended to do the act which gives rise to the allegation of outraging pubic decency.

Recent examples of this offence include indecent exposure in public and posting messages on the internet inviting persons to join a gang rape. A prostitute is a man or a woman who offers his or her body commonly for acts of lewdness in return for payment. Sexual intercourse is not a pre-condition for prostitution. The essence of the offence is knowingly receiving money from the acts of prostitution or knowingly being supported by the prostitute from the proceeds of that prostitution.

Simply receiving money from a prostitute, for example as payment for food or accommodation supplied, is insufficient for a conviction under section In Argentina , the age at which there are no restrictions for sexual activities is 18 [ citation needed ] , regardless of gender or sexual orientation [ citation needed ]. Sexual acts with children younger than 13 are illegal [ citation needed ].

Sexual relations with teens are addressed by several laws [ citation needed ]. None of these laws explicitly outlaws such relations, but makes them open to prosecution under certain circumstances such as if the relation is considered exploitative or if the minor was "corrupted".

Restrictions apply for sex with adolescents between the ages of 13 and 16 Argentine Penal Code, Article Charges can be brought only after a complaint by the minor , their parent or guardian - Argentine Penal Code Article 72 however, the State prosecutes when the minor has no parent or legal guardian, or when the offender is one of them.

Penal Code, Article combined with Article , 1st and 3rd paragraphs. There is also a further Argentine law, 'Corruption of minors', which can bring charges to those manipulating minors below the age of 18 into having sexual relations - Argentine Penal Code Article - in Spanish. The age of consent in Aruba is 15, as specified in Article of the Criminal Code of Aruba which Aruba adapted after its secession from the Netherlands Antilles which reads:.

Article "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached fifteen , performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than eight years or a fine of at most florin ".

In The Bahamas , the age of consent for opposite-sex activity is 16 and the age of consent for same-sex activity is Homosexuality was legalized in , but "public homosexuality" is an offense that carries a year jail term without parole. Section 5, part I "Sexual intercourse with person between 14 and 16" of the Sexual Offences Act In Belize , the age of consent is 16, regardless of sexual orientation or gender. Criminal Code [CAP. There also exists Estupro law Art. The Bolivian Family Code Art.

In Brazil , the age of consent is 14 , regardless of gender or sexual orientation , with a judicial precedent showing that a close-in-age exception that allows those aged 12 and 13 to engage in sexual activity with partners who are 5 years older or less is legal, although not legally formalized.

Sex with minors below the age of 14, at least for all those older than 18, [20] is equivalent to statutory rape and is legally defined by Article A of the Brazilian Penal Code see text here in Portuguese as the "rape of a vulnerable person", with a penalty of 8 to 15 years in prison.

The prostitution of minors all ages under 18 is punished by law and is prosecuted by the State [ citation needed ] , according to the Code of Minors Article A , as well as according to the Penal Code , Articles B, , , and A.

The law makes no distinctions between sexual orientation cases. In any case, only individuals aged 18 or older can be legally charged, since this is the Brazilian age of criminal responsibility according to the Federal Constitution , Article The Brazilian Imperial Code , in its Article , added by Notice of , established the age of 17 for the legal presumption of violence in sexual relations.

Sex with young adolescents aged 12 or 13, although under the age of statutory rape, were then also prosecuteable only by parents Article see old version of the Penal Code here — in Portuguese , while sex with those younger than 12 was prosecuted by the State based on the legal definition of child Article 2nd of the Code of Minors. In March , the crime of seduction of minors Article of the then Penal Code was abolished by the Brazilian Congress. It was applicable only when the victim was a virgin woman between 14 and In August , the crime of corruption of minors former Article of the Penal Code referring to consensual acts with adolescents aged 14 to 17 without parental consent was abolished by Law The crime was replaced with a new one under the same name but now applicable to sexual acts with minors below 14, however prosecuteable no longer by legal guardians but by the State according to the new Article of the Penal Code.

The crime of sexual harassment Article A of the present Penal Code practiced in situations of hierarchical superiority or ascendency in a job , position or occupation is now punisheable with a higher penalty if the victim is younger than 18 years old 2nd Paragraph. There exist two close-in-age exemptions , depending on the age of the younger partner. A youth of twelve or thirteen can consent to sexual activity with an individual less than two years older than they. A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is less than five years older than they.

Criminal law including the definition of the age of consent is in the exclusive jurisdiction of the federal government , so the age of consent is uniform throughout Canada. Section of the Criminal Code of Canada makes it a crime to touch, for a sexual purpose, any person under the age of 16 years. Section then goes on to prohibit the sexual touching of a person under 18 by a person in three circumstances: if he or she is in a "position of trust or authority" towards the youth, if the youth is in a "relationship of dependency" with him or her, or if the relationship is "exploitative".

The term "position of trust or authority" is not defined in the Code but the courts have ruled that parents, teachers, and medical professionals hold a position of trust or authority towards youth they care for or teach. Section 1.

The "position of trust under 18" anti-exploitation rules were expanded in by Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the nature and circumstances of the relationship including the age of the younger party, age difference, evolution of the relationship how it developed, e.

This passed before the amendments, and they were not repealed so they are still in effect and can apply towards adults in these situations with young persons over the age of consent and under 18 Where an accused is charged with an offence under s.

During the 19th century, the age of consent for heterosexual vaginal sex was 12; in , the Parliament raised the age of consent to In , a law was enacted that made the "seduction" of a girl over 12 and under 16 "of previously chaste character" a criminal offence; the "seduction" of a female under 18 "under promise of marriage" was also made illegal in , and amended in to apply to females under The new measures still allow for close-in-age exceptions between 12 and if there is no more than a two-year gap for those 12 and 13, or a five-year gap for those 14 and In , the Criminal Code was amended to provide exemptions to the criminalization of consensual anal intercourse, including exemptions for husbands and wives and all persons over the age of In , Section was enacted, reducing the applicable age from 21 to Female homosexuality was never illegal in the former British colonies; oral sex was legalized in with the same age of consent as vaginal sex.

The age of consent in Cayman Islands is Art "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached sixteen , performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than sixteen years".

Before prosecution, the public attorney will, if possible, allow the minor to indicate if prosecution is deemed desirable. In Chile , the age at which there are no restrictions for sexual activities is 18 , while the minimum age of consent is Limitations exist between 14 and 18 years old Art.

Even when not clearly stated in Article , later on, in Article , homosexual activity is declared illegal with anyone under 18 years old. There also exists in the Chilean Penal Code , a legal figure called estupro. This figure establishes some limitations to sexual contacts with children older than 14 and younger than 18 years old. The estupro legislation Article defines four situations in which sex with such children can be declared illegal even if the minor consented to the relationship non-consensual sex with anyone older than 14 y.

The sexual acts regulated by Articles rape , statutory rape , estupro , and homosexual sex are defined as "carnal access" acceso carnal , which means either oral, anal, or vaginal intercourse.

Other articles within the penal code regulate other sexual interactions Articles bis, , bis, ter, quarter. Article bis, regulates the "introduction of objects" either in the anus, vagina, or mouth.

Article bis, defines "sexual act" as any relevant act with sexual significance accomplished by physical contact with the victim, or affecting the victim's genitals, anus, or mouth, even when no physical contact occurred.

Article states that charges relating to these offenses Articles to can be brought only after a complaint by the minor or the minor's parent, guardian, or legal representative. Nevertheless, if the offended party cannot freely file the complaint and lacks a legal representative, parent, or guardian, or if the legal representative, parent, or guardian is involved in the crime, the Public Ministry may proceed by its own.

In , the age of consent for opposite-sex activity was In , the age of consent was set at 14 for both girls and boys in relation to heterosexual sex. Clipperton Island is an uninhabited nine-square-kilometre approx.

The laws of France where applicable apply. The Criminal Code of Colombia Act of as it was modified by article 4 of law of , sets the age of consent at 14 , regardless of gender or sexual orientation. Estupro law existed in Criminal Code of art and of Decree of and has since been repealed by Act of The Colombian Civil Code Article and Article allows female and male adolescents aging from 14 to 17 years old to marry only if written permission is obtained from the parents or guardians of the adolescent s.

Costa Rica does not have an exact age of consent but has age difference limits between sexual partners, independent of gender. Costa Rican law makes it illegal for a person 18 years of age or older to have sexual relations with another person less than 15 years old if the older party is five or more years older than the minor. If the younger sexual partner is between 15 and 17 years old, the maximum age difference permitted is seven years.

The age of consent in Cuba is Art "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached fifteen , performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than sixteen years". For children prosecution only takes place upon a "complaint" by the minor, his parents, teacher, or the guardianship board.

The age of consent in the Dominican Republic is Under the new Criminal Code, which came into force in , the minimum age of consent in Ecuador is 14 , regardless of gender or sexual orientation [ citation needed ]. However, sexual acts with teens aged between 14 and 18 can still be prosecuted in certain circumstances. The Childhood and Adolescence Code of , in its Article 68, have broadened the definition of sexual abuse of minors to include any physical contact or suggestion of sexual nature obtained through seduction, blackmail , harassment , deceit, threat or similar means.

In El Salvador , the age of consent appears to be 18 although the laws are not clear cut in regard to sexual acts with persons aged between 15 and Approximate translation : "Anyone who has vaginal or anal sexual intercourse with a minor younger than fifteen years of age or of another person by taking advantage of their insanity, their state of unconsciousness or inability to resist, shall be punished with imprisonment of fourteen to twenty years.

Article makes it illegal to "promote, facilitate, manage, finance, instigate or organize in any way the use of persons under eighteen years of age in sexual or erotic acts individually or organized, publicly or privately".

Approximate translation : Article Similarly, anyone who knowingly authorizes the use or rents a property to perform any of the activities described in the preceding paragraph, incurs criminal liability. Article makes it illegal to "promote or facilitate the corruption of a person under eighteen Approximate translation : Art. Anyone who performs or makes others perform acts of lewd or lascivious exhibition, or indecency in a public place or a place open to the public or to minors under eighteen years of age or mentally handicapped, shall be punished with imprisonment from two to four years.

The age of sexual consent in the Falkland Islands is 16 , regardless of sexual orientation or gender since The age of sexual consent is 16 , regardless of sexual orientation or gender since The laws of Denmark, where applicable, apply.

The age of consent in Grenada is Penalties are 30 years' imprisonment if the victim is less than 14, and 15 years' imprisonment if the victim is 14 to 16 years of age. The Law against Sexual Violence, Exploitation, and Trafficking in Persons was passed in February , and provides sentences ranging from 13 to 24 years in prison, depending on the young persons age, for sex with a minor.

The age of consent in Guyana is The age of consent was raised from 13 to 16 on October 31, , by a unanimous resolution of the Guyanese parliament. The age of consent in Haiti is Honduras , the age of consent is considered to be Article The stupor of a person older than fourteen 14 and under eighteen 18 years taking advantage of trust, hierarchy or authority, is punishable by six 6 to eight 8 years of imprisonment.

When rape is committed by deception is punishable by five 5 to seven 7 years of imprisonment. The sexual intercourse with parents or children, brothers, or relationship between adopter and adopted, with stepparent, when the victim is over eighteen 18 years constitutes the crime of incest, will be punished with four 4 to six 6 years of imprisonment and shall proceed under complaint by the injured party or his legal representative.

Whoever for sexual character and by force, intimidation or deceit abducts or retains a person shall be punished by imprisonment of four 4 to six 6 years. In Mexico , criminal legislation is shared between the federal and state governments. The federal law establishes the age of 12 as the minimum age of consent, while the age at which there are no restrictions for consensual sexual activities is 18 sex with someone is not illegal per se , but can still be open to prosecution under certain circumstances.

Local state laws may override the federal law. In practice, the decision as to whether or not to prosecute is left to state authorities regardless of the younger person's age. At state level, the minimum ages of consent vary between 12 and puberty in a few states and 15, while the age at which there are no restrictions for consensual sexual activities vary from 16 to 18 most common Estupro is a crime existing across Mexico, as well as in other Latin American jurisdictions.

Traditionally, estupro applied only to acts committed with a girl, and required "chastity" or "honesty" of the girl. The vast majority of Mexican states have modernized their laws by removing the requirement of "chastity" or "honesty" and by making the laws gender neutral.

All states but Baja California have removed the requirement of "chastity" or "honesty" and the definition of estupro as applicable only to girls.

under 21 sex

There is no law that specifies what age you have to be to have sex; however, criminal law determines when a person can be charged with a crime for having sexual contact with under minor. I am under age Are there times when my sexual activities can be reported to sex police or child under services?

There are situations where it is against the law to have sexual contact with unddr minor. There are some cases where your parents, teacher, doctor, school principal, nurse, etc. This is the case if:. Is it statutory rape if I am 16 and under girlfriend is 19? Under rape happens when your boyfriend unser girlfriend is at least 18 years old AND is four 4 years ssex than you.

Therefore, if you are 16 nuder your girlfriend is 19, you are only 3 years apart and it is not statutory rape. If you under to know more about your right to consent to abortion, taking the pill, STD testing, etc. Albuquerque Rape Crisis Center hour hotline Toll free National Domestic Violence Hotline Toll free We take no under for under.

Consent to sex There is no law that specifies what sex you have to be to have sex; however, criminal law determines when a person can be charged with a crime for having sexual contact with a minor.

Sex is against under law to: Have sex or sexual contact with anyone under the age of sex People age 12 or under cannot agree to have sex. Even when a person 2 or under says he or she agrees to have sex, the sex he or she agrees to have sex with can be charged with a sxe. To force or pressure someone who is 13 to 17 nuder to force or pressure someone of any age to have sex.

Have sex with someone who is under to 16 if the person is at least 18 years old and four or more years older than the person who is For example, if you are seex, sex would be against the law for someone who is 20 to have sex with you.

But if you are 17 it would not be against the law for someone who is 21 to have sex with you unless that person sex a school employee or volunteer who knows you are a student at the school where they work sex volunteer — see below. For a school employee or school volunteer to have sex with a student. People age cannot agree to have sex with a person who srx a school employee who is age 18 or over and is four or more years older than they are when the school employee knows that the person age is a sex at the school where they are employed.

This is the case if: You are under 13 and are sexually active; You are unedr sex with someone who is 18 years old and is 221 least 4 years older than you this is sometimes called statutory rape ; You are having sex with someone in a position of authority, such as someone who sex at your school, a coach, a babysitter, etc.

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In the Americas, the legal age of consent relating to sexual activity varies by jurisdiction and Sexual relations which occur between adults and teenagers under 18 are left in a legal gray area: laws against corruption .. promise of marriage" was also made illegal in , and amended in to apply to females under The age of consent in Africa for sexual activity varies by jurisdiction across the continent. .. The age of consent in Angola is 14 but sexual activity with persons under 16 is prohibited if it "takes may not be corrupted as those "under 21" (the age of majority in Cameroon), but the English version lists the age as "under 18".

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