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If the minor involved is under the age of 11, the crime can be punished even without a complaint and the punishment is aggravated. It is also illegal to perform sexual acts in the presence of a minor aged less than 14 with the intent of allowing the minor to witness the acts, even if they do not take an active part. See also more related articles from Interpol.

The age of consent in Kazakhstan is 16 , according to article of the Crime Criminal Code.

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Sexual Intercourse and Other Actions of a Sexual Character with a Person Under Sixteen Years of Age Sexual intercourse, sodomy, or lesbianism or other acts of sexual nature, with a person who did not reach sixteen years of age , the guilty party being aware of that fact, shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period up to six months, or deprivation of freedom for a period up to five years. The age of consent in Kosovo is Article of the Penal Penalty Code states that "Term 'Consent' means the voluntary agreement of a person who has reached the age of sixteen years to engage in the sexual act in question", and Article states that, 1.

Whoever subjects another person to a sexual act without such person's consent shall be punished by imprisonment of two 2 to ten 10 years". Sections and provide harsher penalties for rape and forcible sexual assault of juveniles. Until , male homosexual acts were illegal under Section This provision was repealed by the Latvian Parliament in and the age of consent for male homosexual acts was set at In , the Latvian Parliament adopted a new Criminal Code that contained a complex system of sexual offences: In , the law was amended to clarify the situation and confirm that the age of consent was 16 for all acts only a person aged 18 or older can be punished for having sex with a 14—15 year old.

The age of consent in Liechtenstein is Sexual activity with 14—15 year olds is generally legal, but it can still be punished if sexual access to these children has been obtained by exploiting their lack of sexual self-determination. The age of consent 14 was not set directly in this article of the Lithuanian criminal code, though. It has been established by the Lithuanian case law. This meant that both heterosexual and homosexual acts were allowed once a child had reached the age of 14 [ citation needed ].

There was and remains an exception to this rule: Until , male homosexual acts were prohibited under the Lithuanian Criminal Code, Article , which was repealed in that year. The new law set an age of consent of 17 for male oral and anal intercourse, 16 for other male homosexual acts, and 14 for lesbian and heterosexual acts. In , the law was amended to equalise the age of consent at 14 for all sexual acts; the age of consent was raised to 16 in , regardless of gender and sexual orientation.

The age of consent in Luxembourg is 16 , as specified by the Luxembourgish Penal Code, Article , which reads: The penalty will be imprisonment of five to ten years if the child was less than eleven years old. Article 1 of the Criminal Code of Macedonia prohibits sexual conduct with a "child" and a "child" is defined by Article 71 as a person under However, Article prohibits an adult living in an extra-marital community with a Juvenile under The age of consent in Malta is Art of Chapter 9 of the Laws of Malta Presumption of violence in cases of carnal knowledge and indecent assault states:.

The punishment is imprisonment from three to nine years, with or without solitary confinement, as described in Art. The punishment can be increased in certain cases described in Art. A number of aggravating circumstances exist to this blanket provision including: Abuse of parental authority or tutorship, where the victim is under the age of 12 and if the offence is committed by means of threats or deceit. There is no definition of how old the offender must be: Even another minor can be guilty of this crime, [73] although there is no evidence that any such case has ever been prosecuted.

The interpretation of the law is situational and at the discretion of the prosecution and the courts, based on relevant factors that may be taken into account to decide whether the minor was actually "defiled". For example, in two brothers, aged 19 and 20, were found not guilty of defiling a girl, then aged 16 until the age of consent was Their sexual encounters were consensual, and it was clear that the girl had had several previous sexual adventures with several youths. He had set up a situation in which the boy came to his apartment; as a result of both childish curiosity and what the court deemed to be the guile of the adult man, the boy remained in the apartment even while man first showered and then committed the lewd acts.

In the wording of the law there is no discrimination on the basis of sexual orientation. However, discrimination can result from selective enforcement with regard to individual cases. Marriage is allowed as early as the age of 16, which until May theoretically would have allowed a case to arise in which a spouse press charges under this article.

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In practice, this problem has never arisen. The concept of age-banding employed in for example Canada is not present in the Maltese legal system and sexual activity between one partner who is 15 years old and another who is 16 years old can constitute defilement of minors, depending on the circumstances, with no exception being allowed purely on the basis of the proximity of their ages.

The primary objective of the Act is to transpose the Council of Europe Convention on prevention and combating of violence against women and domestic violence, and it also includes amendments that lowered the age of consent to The age of consent in Moldova is 16 , per Article " Sexual intercourse with a person under 16 ", and Article " Perverted Actions ". Articles and provide harsher penalties for Rape and Violent Sexual Actions including physical or mental coercion against juveniles. The age of consent in Monaco is The age of consent in Montenegro is 14 , as set out in Article of the Criminal Code.

Article makes it illegal for a teacher, instructor, guardian, adoptive parent, stepfather, stepmother or other person with a similar position to abuse one's position or authority in order to perform sexual intercourse or an equal act with a minor under 18 entrusted for teaching, education, custody and care. Article 2 makes it illegal for a person to "provide for performing debauchery, an act equal to it or some other sexual act to a minor". Article prohibits "Extramarital community with a minor" Article reads: The age of consent in the Netherlands is 16 , as specified by the Dutch Criminal Code at Article , [85] and Article [86] which read:.

Close-in-age exceptions for consensual acts between adolescents close in age, within "social-ethical norms" are at the discretion of the prosecution. In the s, the Netherlands gained international attention due to its policies regarding the age of consent. Between and [88] the Netherlands operated what was in effect an age of consent of 12, subject to qualifications. The relevant law, passed in November, , permitted sexual intercourse for young people between 12 and 16 in most circumstances, but allowed a challenge by parents or by the Child Protection Agency if there was evidence of exploitation.


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The Netherlands has gained an international reputation of being extremely liberal on sexual issues, with some of this due to exaggerated reports in foreign media and claims by foreign politicians, rather than based on reality. For instance, during the s, some conservative campaigners in the US claimed that children were sold into sexual slavery at "auctions" held in Amsterdam , but did not produce any evidence to support their claims. Prior to , sodomy was illegal, the age of consent only applied to females and sexual contact with a female between the ages of 13 and 16 was a misdemeanor.

As of , the age of consent is set at 16 for both males and females, sexual contact with any child under 16 regardless of gender is a felony and the ban on sodomy is lifted, thereby legalizing homosexual sex. Even though one may be found guilty of violating the age of consent code, if those involved are "about equal as regards age and development", the court can exercise its own discretion to suspend passing a sentence.

Sexual relations between two women was never explicitly criminalized, but have been prosecuted under the general indecency law of the Civil Penal Code of The ban on sex between men, which also outlawed cohabitation [93] as well as sex with animals, was repealed in [94] [95] bestiality having been recriminalized in [96].

According to the Svalbard Treaty, Norwegian law is applied as the minimum standard.

Ages of consent in Europe

The same punishment shall be imposed on anyone, who records pornographic material with the participation of such a person. Poland never imposed laws against homosexuality. However, in homosexuality was criminalised by the laws of occupying countries see Partitions of Poland. In the first Polish Criminal Code after regaining independence was introduced, making the age of consent of 15 for all sexual acts, regardless of sexual orientation.

Since September , the age of consent laws of Portugal states 14 , regardless of sexual behaviour, gender or sexual orientation, as a result of the constitutional court of Portugal ruling on constitutional protection that explicitly includes " sexual orientation ", formally into the Constitution of Portugal back in Since September , the age of consent was formally equalised as part of the Penal Code of September Although the age of consent is stipulated at 14 in Portugal, the legality of sexual acts with a minor between 14 and 16 is open to legal interpretation since the law states that it is illegal to perform a sexual act with an adolescent between 14 and 16 years old "by taking advantage of their inexperience".

Homosexual acts were legalised for the first time in Portugal in , with an equal age of consent at that time - although homosexuality was again re-criminalised in They were decriminalised a second time in and an age of consent was set at 16, in line with heterosexual activities. In , a new Penal Code was introduced with "different circumstances" for different sexual behaviours.

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Since September , the age of consent, regardless of sexual behaviour, gender or sexual orientation, is 14 [ citation needed ]. The new Romanian Criminal Code, [] which came into force on 1 February , sets a general age of consent of However, sexual acts that do not include penetration may be performed from age There is also a close-in-age exemption: The law sets several other restrictions in regard to children under In addition, it is illegal for an adult to engage in acts of sexual penetration with an adolescent under 18, if the adult abuses the authority or influence they have over the minor in order to gain the sexual access.

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The relevant articles of the Criminal Code are Art. All these laws are gender neutral and apply regardless of the sexual orientation of those involved. For a very long time, the age of consent in Romania was The Penal Code of , which followed shortly after the union of the Principalities of Moldavia and Wallachia , and was in force between and , set an age of consent of Under this code, Article read: With regard to rape article the victim being under 14 constituted an aggravating factor.

Nevertheless, the age of consent of 14 was maintained. Article of the code read: The late s and the early 21st century saw major modifications to the criminal code, in an effort to modify what was seen as outdated provisions, especially as Romania prepared to enter the EU. As such, homosexuality was decriminalized, the text of several criminal offences was modified by making it gender-neutral, the age of consent was lifted to 15 applicable to both girls and boys , punishments for several sexual crimes were increased, and the stipulation that a rapist could avoid punishment after rape if he married his victim was abolished.

Changes were made through Law no. Nevertheless, the rapid adoption of numerous laws led to poorly drafted and contradictory texts, which have caused difficulty among the jurisprudence and doctrine, and several cases ended to the High Court of Cassation and Justice in order to clarify the interpretation of the law.

The age of consent in Russia is The age of consent changed several times in Russian history: Law of early tightened the consent laws in Articles and considerably.

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However, only a person over 18 can be charged. Charges are relatively low up to 4 years of prison - regardless of gender - and "obscene actions" have even less charges. If the victim is not understanding the nature and consequences of the act due to their age being under 12 or mental abilities , it will be considered rape and charged much more severely up to 15 years of prison, or up to 20 if the victim is under Sexual intercourse committed by a person who has reached the age of eighteen years with a person who has not reached the age of sixteen years - shall be punishable by obligatory labour for a term of up to hours, or by restriction of liberty for a term of up to four years, or by compulsory labour for a term of up to four years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to three years, or by deprivation of liberty for a term of up to four years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to ten years.

Pederasty or lesbianism in respect of a person who has not reached sixteen years of age effected by a person who has reached eighteen years of age - shall be punishable by compulsory labour for a term of up to five years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to three years, or by deprivation of liberty for a term of up to six years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to ten years.

The deeds stipulated by Part One and Two of this Article committed to a person who has reached twelve years of age but has not reached fourteen years of age - shall be punishable with deprivation of freedom for a term of three to ten years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to fifteen years and with restriction of liberty for a term of up to two years or without such. The deeds stipulated by Parts One, Two or Three of this Article committed in respect of two or more persons - shall be punishable by deprivation of freedom for a term of eight to fifteen years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to twenty years.

The deeds provided for by Parts One, Two, Three or Four of this article made by a group of persons, by a group of persons by previous concert or by an organised group - shall be punishable by deprivation of freedom for a term of twelve to twenty years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to twenty years and with restriction of liberty for a term of up to two years or without such.

The deeds provided for by Part Three of this article made by a person with a previous conviction for having committed an offence against sexual integrity of a minor - shall be punishable by deprivation of freedom for a term of fifteen to twenty years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to twenty years or by life imprisonment.

Where the age difference between the victim and the accused person is less than four years, the latter shall not be punishable by deprivation of liberty for the committed deed provided for by Part One of this article or by Part One of Article of this Code. The commission of lecherous actions without using violence by a person who has reached eighteen years of age in respect of a person who has not reached sixteen years of age - shall be punishable by obligatory labour for a term of up to hours, or by restriction of liberty for a term of up to three years, or by compulsory labour for a term of up to five years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to three years, or by deprivation of liberty for a term of up to three years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to ten years.

The same deed committed in respect of the person who has reached twelve years of age but has not reached fourteen years of age - shall be punishable with deprivation of freedom for a term of three to eight years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to fifteen years and with restriction of liberty for a term of up to two years or without such.

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