Age of consent

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The age of consent is a legal and moral principle, and it establishes an age at which a person is capable of giving informed consent for legal contracts with other individuals. The age of consent varies depending on jurisdiction. Although age restrictions exist for many contracts like marriage and military service, "age of consent" usually refers to the age restricting consensual sex.

Not being competent to make moral choices absolves minors from (adult) guilt if they commit certain crimes. Either their parents will be held responsible, as in case of theft or vandalism, or the child will simply be considered "too young to know better".

Children typically cannot enter into binding contracts, are not permitted to drive cars on public roads, join the armed forces or get married. In the United States of America, however, a parent may permit their 17-year-old child to join the armed forces. Various states in the U.S. differ as to what age a minor must be before their parents can permit them to marry.

When an adult has sexual relations with a minor, or even when two minors have sexual relations in some jurisdictions, this is considered statutory rape because the child is not old enough to make such a weighty decision as to enter into a sexual relationship. The age of consent for this decision varies.

The age to legally buy alcohol in the United States is 21 and the age to buy tobacco products in the United States is 18. The age to buy both alcohol and tobacco products in Canada is 19, with the exception of Quebec, Manitoba, and Alberta, where the corresponding age is 18.

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Historically

Historically, the age of consent was the age of Mitzvah. 13 for males, Bar Mitzvah. 12 for girls, Bat Mitzvah. The Bible and Koran say nothing about age of consent. In fact, "From the age at which Hebrew maidens became marriageable, it is possible that Mary gave birth to her Son when she was about thirteen or fourteen years of age. No historical document tells us how old she actually was at the time of the Nativity."[1]

200 years ago in The United States, the age of consent was 10 years old and it was common for girls in farming communities to mary at that age. It was only recently that it was raised to 18.

Age of consent in law

In law the age of consent is the age at which a person is deemed to be competent to give consent to an activity, such as sexual intercourse or medical treatment, which would be otherwise be unlawful without informed consent.

The age of consent is one of several legal principles that govern the rights and responsibilities of minors in common law systems, such as:

  • The age of license is the minimum age that a person must obtain to be permitted to undertake an activity, such as driving a motor vehicle on public roads.
  • The age of criminal responsibility is the age at which a person is deemed to be fully responsible for their criminal actions.
  • The age of majority is the age at which a person is deemed to have the rights and responsibilities of an adult and the age at which parental rights and responsibilities cease.

American States/Territories and their Corresponding Age of Consent

Worldwide, the average age of consent is 16.[2]

Puerto Rico sets the age of consent at 14 and all 50 US states have age limits of 16, 17 or 18. Most states have "close in age exemptions" which allow those under the age of consent to engage in sexual activity with teenagers close to their age (if the age difference between the partners is small, for example 3 or 4 years or if the older partner is younger than a specified age, ussually 18 or 21).

Alabama 16 Illinois 17 Montana 16 Puerto Rico 14
Alaska 16 Indiana 16 Nebraska 17 Rhode Island 16
Arizona 18 Iowa 16 Nevada 16 South Carolina 16
Arkansas 16 Kansas 16 New Hampshire 16 South Dakota 16
California 18 Kentucky 16 New Jersey 16 Tennessee 18
Colorado 17 Louisiana 17 New Mexico 17 Texas 17
Connecticut 16 Maine 16 New York 17 Utah 18
D.C. 16 Maryland 16 North Carolina 16 Vermont 16
Delaware 18 Massachusetts 16 North Dakota 18 Virginia 18
Florida 18 Michigan 16 Ohio 16 Washington 16
Georgia 16 Minnesota 16 Oklahoma 16 West Virginia 16
Hawaii 16 Mississippi 16 Oregon 18 Wisconsin 18
Idaho 18 Missouri 17 Pennsylvania 16 Wyoming 18

See also

References

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