Age of consent in the context of "Consent"

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⭐ Core Definition: Age of consent

The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity may be considered child sexual abuse or statutory rape. The person below the minimum age is considered the victim, and their sex partner the offender, although some jurisdictions provide exceptions through "Romeo and Juliet laws" if one or both participants are underage and are close in age.

The term age of consent typically does not appear in legal statutes. Generally, a law will establish the age below which it is illegal to engage in sexual activity with that person. It has sometimes been used with other meanings, such as the age at which a person becomes competent to consent to marriage, but consent to sexual activity is the meaning now generally understood. It should not be confused with other laws regarding age minimums including, but not limited to, the age of majority, age of criminal responsibility, voting age, drinking age, and driving age.

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Age of consent in the context of Rape

Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent (statutory rape). The wrongness of the rape is not merely or, on many occasions even primarily, the violence against the body of the victim but the violence against the very person of the victim. The term rape is sometimes casually used interchangeably with the term sexual assault.

The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median. Worldwide, reported instances of sexual violence, including rape, are primarily committed by males against females. Rape by strangers is usually less common than rape by people the victim knows, and male-on-male prison rapes are common and may be the least reported forms of rape.

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Age of consent in the context of Sexual offenses

Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes.

Some laws regarding sexual activity are intended to protect one or all participants, while others are intended to proscribe behavior that has been defined as a crime. For example, a law may proscribe unprotected sex if one person knows that they have a sexually transmitted infection or to protect a minor; or it may proscribe non-consensual sex. In general, laws may proscribe acts which are considered either sexual abuse or behavior that societies consider to be inappropriate and against the social norms. Sexual abuse is unwanted sexual contact between two or more adults or two or more minors, and, depending on laws with regard to age of consent, sexual contact between an adult and a minor.

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Age of consent in the context of Marriageable age

Marriageable age is the minimum legal age of marriage. Age and other prerequisites to marriage vary between jurisdictions, but in the vast majority of jurisdictions, the marriageable age as a right is set at the age of majority. Nevertheless, most jurisdictions allow marriage at a younger age with parental or judicial approval, especially if the female is pregnant. Among most indigenous cultures, people marry at fifteen, the age of sexual maturity for both the male and the female. In industrialized cultures, the age of marriage is most commonly 18 years old, but there are variations, and the marriageable age should not be confused with the age of majority or the age of consent, though they may be the same.

The 55 parties to the 1962 Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages have agreed to specify a minimum marriageable age by statute law‚ to override customary, religious, tribal laws and traditions. When the marriageable age under a law of a religious community is lower than that under the law of the land, the state law prevails. However, some religious communities do not accept the supremacy of state law in this respect, which may lead to child marriage or forced marriage.

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Age of consent in the context of Minor (law)

In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. Minor may also be used in contexts that are unconnected to the overall age of majority. For example, the smoking and drinking age in the United States is 21, and younger people below this age are sometimes called minors in the context of tobacco and alcohol law, even if they are at least 18. The terms underage or minor often refer to those under the age of majority, but may also refer to a person under other legal age limits, such as the age of consent, marriageable age, driving age, voting age, working age, etc. Such age limits are often different from the age of majority.

The concept of minor is not sharply defined in most jurisdictions. The age of criminal responsibility, of ability to legally consent to sexual activity, at which school attendance is no longer compulsory and thus a person may leave school, at which legally-binding contracts may be entered into, and so on and so forth, may be different from one another.

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Age of consent in the context of Statutory rape

In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behaviour). Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes. In statutory rape, overt force or threat is usually not present. Statutory rape laws presume coercion because a minor or mentally disabled adult is legally incapable of giving consent to the act.

Different jurisdictions use many different statutory terms for the crime, such as sexual assault, rape of a child, corruption of a minor, unlawful sex with a minor, carnal knowledge of a minor, sexual battery, or simply carnal knowledge. The terms child sexual abuse or child molestation may also be used, but statutory rape generally refers to sex between an adult and a minor past the age of puberty, and may therefore be distinguished from child sexual abuse. Sexual relations with a prepubescent child is typically treated as a more serious crime.

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Age of consent in the context of Rape of males by males

Rape by gender classifies types of rape by the sex and gender of both the rapist and the victim. This scope includes both rape and sexual assault more generally. Most research indicates that rape affects women disproportionately, with the majority of people convicted being men; however, since the broadening of the definition of rape in 2012 by the FBI, more attention is being given to male rape, including females raping males.

Since only a small percentage of acts of sexual violence are brought to the attention of the authorities, it is difficult to compile accurate rape statistics. Conviction rates differ by the gender of both the perpetrator and victim. Various studies argue that male-male and female-female prison rape are quite common and may be the least reported form of rape. Furthermore, many rape cases take place when the victims are below the age of consent, bringing in the issue of child sexual abuse or statutory rape.

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Age of consent in the context of Sex education

Sex education, also known as sexual education, sexuality education or sex ed, is the instruction of issues relating to human sexuality, including human sexual anatomy, sexual activity, sexual reproduction, safe sex, birth control, sexual health, reproductive health, emotional relations, emotional responsibilities, age of consent, and reproductive rights.

Sex education that includes all of these issues is known as comprehensive sexuality education. In contrast, abstinence-only sex education, which focuses solely on promoting sexual abstinence, is often favored in more socially conservative regions, including some parts of the United States.

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Age of consent in the context of Degree of relationship

Laws regarding incest (i.e. sexual activity between family members or close relatives) vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.

Incest laws may involve restrictions on marriage, which also vary between jurisdictions. When incest involves an adult and a child (under the age of consent) it is considered to be a form of child sexual abuse.

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