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The “Age of Consent” is the minimum age at which a person may consent to participation in sexual intercourse. A person younger than the legal age of consent cannot legally consent to sexual activity. The age of consent in the United States ranges from 16 to 18 years old depending on the state, meaning that a person 15 years of age. Age of Consent: How Old Is Old Enough for Sex? In most states, adolescents can legally have sex at 16. It used to be younger. Posted Feb 01, 2017.
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The age of consent is the age below which a person is considered to be legally incompetent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent cannot claim that the sexual activity was consensual, and such sexual activity may be considered statutory rape. The person below the minimum age is regarded as the victim and their sex partner is regarded as the offender, unless both are underage. The purpose of setting an age of consent is to protect an underage person from sexual advances.
The term age of consent rarely appears in legal statutes.[1][page needed] Generally, a law will instead 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,[2] but the meaning given above is the one 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.
Age of consent laws vary widely from jurisdiction to jurisdiction,[1] though most jurisdictions set the age of consent in the range 14 to 18. The laws may also vary by the type of sexual act, the gender of the participants or other considerations, such as involving a position of trust; some jurisdictions may also make allowances for minors engaged in sexual acts with each other, rather than a single age. Charges and penalties resulting from a breach of these laws may range from a misdemeanor, such as corruption of a minor, to what is popularly called statutory rape.
There are many 'grey areas' in this area of law, some regarding unspecific and untried legislation, others brought about by debates regarding changing societal attitudes, and others due to conflicts between federal and state laws. These factors all make age of consent an often confusing subject, and a topic of highly charged debates.[1]
- 1Age of consent by continent
- 2History and social attitudes
- 3Other issues
Age of consent by continent[edit]
Age of consent for heterosexual sex in various countries puberty
13
15
17
19
21 (void at present)
varies by state/province/region/territory (void at present)
no law (void at present)
Africa[edit]
Americas[edit]
- Ages of consent in North America
Asia[edit]
Europe[edit]
Oceania[edit]
History and social attitudes[edit]
Traditional attitudes[edit]
In traditional societies, the age of consent for a sexual union was a matter for the family to decide, or a tribal custom. In most cases, this coincided with signs of puberty, menstruation for a woman, and pubic hair for a man.[3] The ancient Greek poet Hesiod in Works and Days (c. 700 BC) suggests that a man should marry around the age of thirty, and that he should take a wife who is five years past puberty.
Reliable data for ages at marriage is scarce. In England, for example, the only reliable data in the early modern period comes from property records made after death. Not only were the records relatively rare, but not all bothered to record the participants' ages, and it seems that the more complete the records are, the more likely they are to reveal young marriages. Modern historians have sometimes shown reluctance to accept evidence of young ages of marriage, dismissing it as a 'misreading' by a later copier of the records.[3]
In the 12th century, Gratian, the influential founder of canon law in medieval Europe, accepted the age of puberty for marriage to be around twelve for girls and around fourteen for boys but acknowledged consent to be meaningful if both children were older than seven years of age.[4] There were authorities that said that consent could take place earlier. Marriage would then be valid as long as neither of the two parties annulled the marital agreement before reaching puberty, or if they had already consummated the marriage. Judges sometimes honored marriages based on mutual consent at ages younger than seven: in contrast to established canon, there are recorded marriages of two- and three-year-olds.[3]
The first recorded age-of-consent law dates from 1275 in England; as part of its provisions on rape, the Statute of Westminster 1275 made it a misdemeanor to 'ravish' a 'maiden within age,' whether with or without her consent. The phrase 'within age' was later interpreted by jurist Sir Edward Coke (England, 17th century) as meaning the age of marriage, which at the time was twelve years of age.[5]
The American colonies followed the English tradition, and the law was more of a guide. For example, Mary Hathaway (Virginia, 1689) was only nine when she was married to William Williams.[6] Sir Edward Coke 'made it clear that the marriage of girls under 12 was normal, and the age at which a girl who was a wife was eligible for a dower from her husband's estate was 9 even though her husband be only four years old.'[3]
In the 16th century, a small number of Italian and German states set the minimum age for sexual intercourse for girls, setting it at twelve years. Towards the end of the 18th century, other European countries also began to enact similar laws. The first French Constitution of 1791 established the minimum age at eleven years. Portugal, Spain, Denmark and the Swiss cantons initially set the minimum age at ten to twelve years.[7]
Age of consent laws were, historically, difficult to follow and enforce: legal norms based on age were not, in general, common until the 19th century, because clear proof of exact age and precise date of birth were often unavailable.[7]
In Christian societies, sex outside marriage was forbidden. Older children were themselves often punished for being complicit in sexual interaction with an adult.[citation needed] Western Christianity also deemed that children were born into the original sin, and, as such, were perceived as inherently immoral.[8] Children had very few rights and were considered the chattel of the father.[8] From the late 18th century, and especially in the 19th century, attitudes started to change. By the mid-19th century there was increased concern over child sexual abuse.[8]
Reforms in the 19th and 20th century[edit]
A general shift in social and legal attitudes toward issues of sex occurred during the modern era. Attitudes on the appropriate age of permission for females to engage in sexual activity drifted toward adulthood. While ages from ten to thirteen years were typically regarded as acceptable ages for sexual consent in Western countries during the mid-19th century,[1] by the end of the 19th century changing attitudes towards sexuality and childhood resulted in the raising of the age of consent.[5]
Several articles written by investigative journalist William Thomas Stead in the late 19th century on the issue of child prostitution in London led to public outrage and ultimately to the raising of the age of consent to sixteen.
English common law had traditionally set the age of consent within the range of ten to twelve years old, but the Offences Against the Person Act 1875 raised this to thirteen in Great Britain and Ireland. Early feminists of the Social Purity movement, such as Josephine Butler and others, instrumental in securing the repeal of the Contagious Diseases Acts, began to turn towards the problem of child prostitution by the end of the 1870s. Sensational media revelations about the scourge of child prostitution in London in the 1880s then caused outrage among the respectable middle-classes, leading to pressure for the age of consent to be raised again.
The investigative journalist William Thomas Stead of the Pall Mall Gazette was pivotal in exposing the problem of child prostitution in the London underworld through a publicity stunt. In 1885 he 'purchased' one victim, Eliza Armstrong, the thirteen-year-old daughter of a chimney sweep, for five pounds and took her to a brothel where she was drugged. He then published a series of four exposés entitled The Maiden Tribute of Modern Babylon, which shocked its readers with tales of child prostitution and the abduction, procurement, and sale of young English virgins to Continental 'pleasure palaces'. The 'Maiden Tribute' was an instant sensation with the reading public, and Victorian society was thrown into an uproar about prostitution. Fearing riots on a national scale, the Home Secretary, Sir William Harcourt, pleaded in vain with Stead to cease publication of the articles. A wide variety of reform groups held protest meetings and marched together to Hyde Park demanding that the age of consent be raised. The government was forced to propose the Criminal Law Amendment Act 1885, which raised the age of consent from thirteen to sixteen and clamped down on prostitution.[9]
In the United States, as late as the 1880s most states set the minimum age at ten to twelve (in Delaware, it was seven in 1895).[10] Inspired by the 'Maiden Tribute' articles, female reformers in the U.S. initiated their own campaign,[11] which petitioned legislators to raise the legal minimum age to at least sixteen, with the ultimate goal to raise the age to eighteen. The campaign was successful, with almost all states raising the minimum age to sixteen to eighteen years by 1920.[5][12]
In France, Portugal, Denmark, the Swiss cantons and other countries, the minimum age was raised to between thirteen and sixteen years in the following decades.[5] Though the original arguments for raising the age of consent were based on morality, since then the raison d'être of the laws has changed to child welfare and a so-called right to childhood or innocence.[13]
In France, under the Napoleonic Code, the age of consent was set in 1832 at eleven,[14] and was raised to thirteen in 1863.[15] It was increased to fifteen in 1945.[16]
In Spain, it was set in 1822 at 'puberty age', and changed to twelve in 1870,[17] which was kept until 1999, when it became 13;[18][19] and in 2015 it was raised to 16.[20][21][22]
21st century and present day situation[edit]
In the 21st century, concerns about child sex tourism and commercial sexual exploitation of children gained international prominence, and have resulted in legislative changes in several jurisdictions, as well as in the adoption of several international instruments.
The Council of EuropeConvention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote, 25 October 2007), and the European Union's Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography[23] were adopted.
The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography came into force in 2002.
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which came into force in 2003, prohibits commercial sexual exploitation of children.[24]
The Council of Europe Convention on Action against Trafficking in Human Beings (which came into force in 2008) also deals with commercial sexual exploitation of children.
Several Western countries have raised their ages of consent recently. These include Canada (in 2008—from 14 to 16); and in Europe, Iceland (in 2007—from 14 to 15), Lithuania (in 2010—from 14 to 16), Croatia (in 2013—from 14 to 15), and Spain (in 2015—from 13 to 16).
The International Criminal Court Statute does not provide a specific age of consent in its rape/sexual violence statute, but makes reference to sexual acts committed against persons 'incapable of giving genuine consent'; and the explicative footnote states, 'It is understood that a person may be incapable of giving genuine consent if affected by natural, induced or age-related incapacity.' (see note 51)[25]
Law[edit]
Sexual relations with a person under the age of consent is a crime in most countries; exceptions to this include Yemen, and Saudi Arabia. Jurisdictions use a variety of terms for the offense, including child sexual abuse, statutory rape, illegal carnal knowledge, corruption of a minor,[1] besides others.
The enforcement practices of age-of-consent laws vary depending on the social sensibilities of the particular culture (see above). Often, enforcement is not exercised to the letter of the law, with legal action being taken only when a sufficiently socially-unacceptable age gap exists between the two individuals, or if the perpetrator is in a position of power over the minor (e.g. a teacher, minister, or doctor). The sex of each participant can also influence perceptions of an individual's guilt and therefore enforcement.[1]
Age[edit]
The threshold age for engaging in sexual activity varies between jurisdictions (see above). Most jurisdictions have set a fixed age of consent.[26] However, some jurisdictions permit sex with a person after the onset of their puberty, such as Yemen, but only in marriage. Ages can also vary based on the type of calendar used, such as the Lunar calendar,[27] how birth dates in leap years are handled, or even the method by which birth date is calculated.[28]
Defenses and exceptions[edit]
The age of consent is a legal barrier to the minor's ability to consent and therefore obtaining consent is not in general a defense to having sexual relations with a person under the prescribed age, for example:
- Reasonable belief that the victim is over the age of consent
- In some jurisdictions it is a defense if the accused can show that he or she reasonably believed the victim was over the age of consent. However, where such a defense is provided, it normally applies only when the victim is close to the age of consent or the accused can show due diligence in determining the age of the victim (e.g. an underage person who used a fake identification document claiming to be of legal age).[29]
- Marriage
- In various jurisdictions, age of consent laws do not apply if the parties are legally married to each other.
- Close-in-age exemptions
- Some jurisdictions have laws explicitly allowing sexual acts with minors under the age of consent if their partner is close in age to them. For instance, in Canada, the age of consent is 16, but there are two close-in-age exemptions: sex with minors aged 14–15 is permitted if the partner is less than five years older, and sex with minors aged 12–13 is permitted if the partner is less than two years older.[30] Other countries state that the sexual conduct with the minor is not to be punished if the partners are of a similar age and development: for instance, the age of consent in Finland is 16, but the law states that the act will not be punished if 'there is no great difference in the ages or the mental and physical maturity of the persons involved'.[31] Another approach takes the form of a stipulation that sexual intercourse between a minor and an adult is legal under the condition that the latter does not exceed a certain age. For example, the age of consent in the US state of Delaware is 18, but it is allowed for teenagers aged 16 and 17 to engage in sexual intercourse as long as the older partner is younger than 30.[32] In Slovenia, the age of consent is 15, but the law requires that there be 'a marked discrepancy between the maturity of the perpetrator and that of the victim'.[33]
- Homosexual and heterosexual age discrepancies
- Some jurisdictions, such as the Bahamas, Bermuda, Cayman Islands, Chile, Paraguay and Suriname have a higher age of consent for same-sex sexual activity. In both the United Kingdom and Western Australia, for example, the age of consent was originally 21 for same-sex sexual activity between males (with no laws regarding lesbian sexual activities), while it was 16 for heterosexual sexual activity; this is no longer the case.[34] However, such discrepancies are increasingly being challenged. In Canada, the age of consent for anal sex is officially higher at 18 years, compared with 16 years for vaginal and oral sex.[35][36] In the Canadian provinces of British Columbia, Nova Scotia, Alberta, Ontario and Quebec, this discrepancy has been declared unconstitutional by courts.[37][38][39]
- Gender-age differentials
- In some jurisdictions (such as Indonesia[40]), there are different ages of consent for heterosexual sexual activity that are based on the gender of each person. In countries where there are gender-age differentials, the age of consent may be higher for girls—for example in Papua New Guinea, where the age of consent for heterosexual sex is 16 for girls and 14 for boys,[41] or they may be higher for males, such as in Indonesia, where males must be 19 years old and females must be 16 years old.[40] There are also numerous jurisdictions—such as Kuwait[42] and the Palestinian Territories[43]—in which marriage laws govern the gender-age differential. In these jurisdictions, it is illegal to have sexual intercourse outside of marriage, so the de facto age of consent is the marriageable age. In Kuwait, this means that boys must be at least 17 and girls at least 15 years old.
- Position of authority/trust
- In most jurisdictions where the age of consent is below 18 (such as England and Wales),[44] in cases where a person aged 18 or older is in a position of trust over a person under 18, the age of consent usually rises to 18 or higher. Examples of such positions of trust include relationships between teachers and students. For example, in England and Wales the age of consent is 16, but if the person is a student of the older person it becomes 18.
- Circumstances of the relationship
- In several jurisdictions, it is illegal to engage in sexual activity with a person under a certain age under certain circumstances regarding the relationship in question, such as if it involves taking advantage of or corrupting the morals of the young person. For example, while the age of consent is 14 in Germany and 16 in Canada, it is illegal in both countries to engage in sexual activity with a person under 18 if the activity exploits the younger person. Another example is in Mexico, where there is a crime called 'estupro' defined as sexual activity with a person over the age of consent but under a certain age limit (generally 18) in which consent of the younger person was obtained through seduction and/or deceit. In Pennsylvania, the age of consent is officially 16, but if the older partner is 18 or older, he/she may still be prosecuted for corruption of minors if he/she corrupts or tends to corrupt the morals of the younger person.
Extraterritoriality[edit]
A growing number of countries have specific extraterritorial legislation that prosecutes their citizens in their homeland should they engage in illicit sexual conduct in a foreign country with children. In 2008, ECPAT reported that 44 countries had extraterritorial child sex legislation.[45] For example, PROTECT Act of 2003, a federal United States law bans sexual activity by its citizens with foreigners or with U.S. citizens from another state, if the partner is under 18 and the activity is illegal under the federal, state, or local law. This applies in cases where any of the partners travels into or out of the United States, or from one state into another, for the purpose of an illegal sexual encounter.[46][47]
Other issues[edit]
Gender of participants[edit]
There is debate as to whether the gender of those involved should lead to different treatment of the sexual encounter, in law or in practice. Traditionally, age of consent laws regarding vaginal intercourse were often meant to protect the chastity of unmarried girls.[7] Many feminists and social campaigners in the 1970s have objected to the social importance of virginity, and have also attempted to change the stereotypes of female passivity and male aggression; demanding that the law protect children from exploitation regardless of their gender, rather than dealing with concerns of chastity. This has led to gender-neutral laws in many jurisdictions.[7] On the other hand, there is an opposing view which argues that the act of vaginal intercourse is an 'unequal act' for males and females, due to issues such as pregnancy, increased risk of STDs,[48] and risk of physical injury if the girl is too young and not physically ready. In the US, in Michael M. v. Superior Ct.450 U.S. 464 (1981) it was ruled that the double standard of offering more legal protection to girls is valid because 'the Equal Protection Clause does not mean that the physiological differences between men and women must be disregarded'.[49]
Traditionally, many age of consent laws dealt primarily with men engaging in sexual acts with underage girls and boys (the latter acts often falling under sodomy and buggery laws). This means that in some legal systems, issues of women having sexual contact with underage partners were rarely acknowledged. For example, until 2000, in the UK, before the Sexual Offences (Amendment) Act 2000, there was no statutory age of consent for lesbian sex.[50] In New Zealand, before 2005, there were no age of consent laws dealing with women having sex with underage boys.[51] Previously, in Fiji, male offenders of child sexual abuse could receive up to life imprisonment, whilst female offenders would receive up to seven years.[52] Situations like these have been attributed to societal views on traditional gender roles, and to constructs of male sexuality and female sexuality; according to E Martellozzo, '[V]iewing females as perpetrators of sexual abuse goes against every stereotype that society has of women: women as mothers and caregivers and not as people who abuse and harm'.[53]Alissa Nutting argues that women are not acknowledged as perpetrators of sex crimes because society does not accept that women have an autonomous sexuality of their own.[54]
Marriage and the age of consent[edit]
The age at which a person can be legally married can differ from the age of consent. In jurisdictions where the marriageable age is lower than the age of consent, those laws usually override the age of consent laws in the case of a married couple where one or both partners are below the age of consent. Some jurisdictions prohibit all sex outside of marriage irrespective of age, as in the case of Yemen.[55][56]
Prostitution[edit]
In many countries, there are specific laws dealing with child prostitution.[citation needed]
Pornography and 'jailbait' images[edit]
In some countries, states, or other jurisdictions, the age of consent may be lower than the age at which a person can appear in pornographic images and films. In many jurisdictions, the minimum age for participation and even viewing such material is 18. As such, in some jurisdictions, films and images showing individuals under the age of 18, but above the age of consent, that meet the legal definition of child pornography are prohibited despite the fact that the sexual acts depicted are legal to engage in otherwise under that jurisdiction's age of consent laws. In those cases, it is only the filming of the sex act that is the crime as the act itself would not be considered a sex crime. For example, in the United States under federal law it is a crime to film minors below 18 in sexual acts, even in states where the age of consent is below 18.[47] In those states, charges such as child pornography can be used to prosecute someone having sex with a minor, who could not otherwise be prosecuted for statutory rape, provided they filmed or photographed the act.[57]
Jailbait images can be differentiated from child pornography, as they do not feature minors before the onset of puberty, nor do they contain nudity.[58][59] The images are, however, usually sexualized,[58] often featuring tween or young teenagers in bikinis, skirts,[60] underwear or lingerie.[61] Whether or not these images are legal is debated. When questioned regarding their legality legal analyst Jeffrey Toobin stated he thought it was not illegal, though legal expert Sunny Hostin was more skeptical, describing jailbait images as 'borderline' child pornography which may be illegal.[62][63]
Health[edit]
The human immune system continues to develop after puberty.[64] The age of exposure has an influence upon if the immune system can fend off infections in general, and this is also true in the case of some sexually transmitted diseases. For example, a risk factor for HPV strains causing genital warts is sexual debut at a young age;[65] if this extends to the cancer causing strains, then sexual debut at a young age would potentially also increase risk of persistence of HPV infections that cause the very HPV induced cancers that are being diagnosed in spiking numbers of relatively young people.[65]
Initiatives to change the age of consent[edit]
Age-of-consent reform refers to the efforts of some individuals or groups, for different reasons, to alter or abolish age-of-consent laws. These efforts advocate positions such as:
- Introductions of close-in-age exceptions.
- Reducing the age-of-consent for homosexual activity to that of heterosexual activity.
- A change in the way that age-of-consent laws are examined in court.
- Either increases in the ages of consent or more severe penalties or both.
- Either decreases in the ages of consent or less severe penalties or both.
- Abolition of the age-of-consent laws either permanently or as a temporary, practical expedient.
See also[edit]
- Age of Consent Act, 1891 (British India)
- Fitness to plead, law of England and Wales
References[edit]
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- ^Oxford English Dictionary, entry for 'age of consent'
- ^ abcdBullough, Vern. 'Encyclopedia of Children and Childhood in History and Society'. faqs.org. Internet FAQ Archives. Archived from the original on 28 September 2008. Retrieved 25 August 2015.
- ^Noonan, John (1967). 'MARRIAGE CANONS from THE DECRETUM OF GRATIAN—BOOK FOUR—TITLE I—Betrothals and Marriages—C3'. CUA.edu. Archived from the original on 17 January 2016.
If one over the age of seven takes a prepubescent wife of less than seven and transfers her to his house, such a contract gives rise to the impediment of public propriety.
- ^ abcdStephen Robertson, University of Sydney, Australia. 'Children and Youth in History | Age of Consent Laws'. Chnm.gmu.edu. Archived from the original on 27 June 2010. Retrieved 30 June 2010.CS1 maint: Uses authors parameter (link)
- ^Brewer, Holly (2012). By birth or consent: children, law, and the Anglo-American revolution in authority. Chapel Hill, NC: University of North Carolina Press. p. 288. ISBN0807829501.
- ^ abcdRobertson, Stephen. 'Children and Youth in History—Age of Consent Laws'. George Mason University. Retrieved 29 June 2015.
- ^ abcBoxall, Hayley; Tomison, Adam M.; Hulme, Shann (2014). 'Historical review of sexual offence and child sexual abuse legislation in Australia: 1788–2013'(PDF). Australian Institute of Criminology. Archived from the original(PDF) on 12 April 2015. Retrieved 25 August 2015.
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- ^'BBC News—UK—Q and A: The age of consent'. BBC News. 29 November 2000. Retrieved 29 June 2015.
- ^'In respect of sexual conduct with a young person aged under 16, the bill [Crimes Amendment Bill (No 2) which became law in 2005 [2] significantly toughens the law. The loophole protecting women against being charged with sexual offending against children is removed'.'Archived copy'. Archived from the original on 9 June 2015. Retrieved 8 June 2015.CS1 maint: Archived copy as title (link)
- ^'Whitehead, John and Roffee, James. Child sexual abuse in Fiji: Authority, risk factors and responses [online]. Current Issues in Criminal Justice, Vol. 27, No. 3, Mar 2016: [323]-334'.
- ^Martellozzo, Elena; Nehring, Daniel; Taylor, Helen (2010). 'Online child sexual abuse by female offenders: An Exploratory study'(PDF). International Journal of Cyber Criminology. Retrieved 25 August 2015.
- ^'CULT Magazine FESTIVAL OF DANGEROUS IDEAS TOP 10—CULT Magazine'. CULT Magazine. Archived from the original on 9 June 2015. Retrieved 29 June 2015.
- ^Power, Carla (12 August 2009), Nujood Ali & Shada Nasser win 'Women of the Year Fund 2008 Glamour Award', Yemen Times, archived from the original on 5 April 2011, retrieved 6 February 2017
- ^Human Rights Watch (2001), 'Yemen: Human Rights Developments', World Report 2001, Human Rights Watch, archived from the original on 15 June 2010, retrieved 8 April 2010
- ^Brilliant, Jeremy (August 5, 2009). 'New Castle detective resigns over child porn charges'. wthr.com Eyewitness News. Henry County. Archived from the original on 24 May 2013. Retrieved 25 May 2012.
- ^ abMorris, Kevin (3 October 2011). 'Anderson Cooper boosts visibility of teen-girl pics'. The Daily Dot. Archived from the original on 4 March 2016. Retrieved 12 June 2014.
- ^Alfonso III, Fernando (11 August 2011). 'A free-speech haven wrestles with violent images'. The Daily Dot. Retrieved 12 June 2014.
- ^Chen, Adrian (12 October 2012). 'Unmasking Reddit's Violentacrez, The Biggest Troll on the Web'. Gawker. Archived from the original on 12 October 2012. Retrieved 12 June 2014.
- ^Hachman, Mark (August 10, 2011). 'Reddit Closes 'Jailbait' Pic Site, Allows Others to Remain'. PC Magazine. Retrieved 12 June 2014.
- ^Crugnale, James (September 30, 2011). 'Anderson Cooper Excoriates Reddit For 'Creepy' Jailbait Section'. Mediaite. Retrieved 12 June 2014.
- ^Fitzpatrick, David; Griffin, Drew (October 19, 2012). 'Man behind 'Jailbait' posts exposed, loses job'. CNN. Retrieved 12 June 2014.
- ^'Medscape: Medscape Access'. Retrieved 29 June 2015.
- ^ abBrewer, N. T.; Ng, T. W.; McRee, A. L.; Reiter, P. L. (2010). 'Men's beliefs about HPV-related disease'. Journal of Behavioral Medicine. 33 (4): 274–281. doi:10.1007/s10865-010-9251-2. PMC4018629. PMID20162346.
Further reading[edit]
- Brewer, Holly. By Birth or Consent: Children, Law, & the Anglo-American Revolution in Authority; Univ. of North Carolina Press (Chapel Hill, 2005) ISBN978-0-8078-5832-5
- Robertson, Stephen (University of Sydney). 'Age of Consent Laws.' In: Children & Youth in History, Roy Rosenzweig Center for History and New Media (CHNM) at George Mason University and the University of Missouri–Kansas City.—Includes links to primary sources.
- Waites, Matthew (2005). The Age of Consent: Young People, Sexuality and Citizenship, (New York [United States] and Houndmills, Basingstoke [United Kingdom]: Palgrave Macmillan) ISBN1-4039-2173-3
- Schaffner, Laurie (2002). 'An Age of Reason: Paradoxes in Legal Constructions of Adulthood'. International Journal of Children's Rights. 10 (3): 201–232. doi:10.1163/157181802761586699.
External links[edit]
- 'Legislation of Interpol member states on sexual offenses against children'. Archived from the original on 2001-09-25. Retrieved 2017-04-03. (Some information may be out of date)
- 'Links to the relevant state laws for all 50 States and Washington DC'. Archived from the original on 2010-08-31. Retrieved 2010-08-27.CS1 maint: BOT: original-url status unknown (link)
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Age_of_consent&oldid=900675466'
Part of a series on |
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In World War II, children frequently fought in both the Allied and Axis forces.
- 1Use of children
- 1.1German armed forces
- 2Legality
Use of children[edit]
German armed forces[edit]
Hitler Youth[edit]
Hitler Youth (Hitlerjugend) was established as an organization in Nazi Germany that physically trained youth and indoctrinated them with Nazi ideology to the point of fanaticism. Even at the onset of war, Hitler Youth totalled 8.8 million members. Numbers decreased significantly (to just over one million) once the war began as many local and district leaders were drafted for the national army.[1] Previous average age for local and district leaders was 24, but following the onset of war, this had to change to those who were 16 and 17 years of age. These youths were in command of up to 500 boys.[2]
One Hitler Youth soldier, Heinz Shuetze aged 15 from Leipzig, was only given a half-day of training with a Panzerfaust. He was immediately given an SS uniform and directed to the front lines to fight.[3]
Huge numbers of youths were removed from school in early 1945, and sent on, essentially, suicide missions.[4] Hitler Youth activities often included learning to throw grenades, dig trenches, bayonet drills and escaping under barbed wire under pistol fire and, while doing so boys were encouraged to find these activities exhilarating and exciting.[5] Hitler Youth was essentially an army of fit, young Germans that Hitler had created, trained to fight for their country. They had the choice to either follow Nazi party orders or face trial with the possibility of execution.[6]
The boys of Hitler Youth first saw action following the British Air Raids in Berlin in 1940. Later, in 1942, the Wehrertüchtigungslager or WELS (Defense Strengthening Camps) were created in Germany, which were designed to train Hitler Youth boys aged 16–18. They learnt how to handle German infantry weaponry, including hand grenades, machine guns and hand pistols. By 1943, Hitler Youth boys were facing the forces of Britain, the United States and Soviet Russia.[7]
Even younger boys from the ages of 10–14 years could be involved in the Hitler Youth movement, under the Deutsches Jungvolk.[8]
Girls were also involved in Hitler Youth Operations, although in a limited capacity, through the Bund Deutscher Mädel (BDM, the League of German Girls).[9] Avoiding direct armed conflict, their primary role was to produce healthy, racially pure baby boys.[10] They were also required to run 60 metres in 14 seconds, throw a ball at least 12 metres, march for 2 hours and swim 100 metres.[11]
SS Youth Division[edit]
Towards the end of the War, the Germans established an entire SS Panzer Tank Division with the majority of its recruits being 16 and 17-year-old boys from the Hitler Youth brigades.[12] In the 1st Battalion over 65% were under 18 years old, and only 3% were over 25.[13] There were more than 10,000 boys in this division.[14]
The 12th SS Panzer Division of the Hitlerjugend, was established later in World War II as Germany suffered more casualties, and more young people volunteered, initially as reserves, but soon joined front line troops. These children saw extensive action and were among the fiercest and most effective German defenders in the Battle of Berlin.[15] In the battle of the Normandy beaches, the division had suffered 60% casualties, most of whom were teenagers.[16]
These fearsome young boy soldiers acquired a formidable reputation for their violent and unforgiving practice, shooting prisoners, and were responsible for 64 deaths of British and Canadian soldiers between 7–16 June 1944.[17]
Other German involvement[edit]
In late 1944, the People's Army was formed ('Volkssturm') in anticipation of an Allied invasion. Men of all ages, from 16–60 were conscripted into this army.[18]
Children as young as 8 were reported as having been captured by American troops, with boys aged 12 and under manning artillery units. Even girls were being placed in armed combat, operating anti-aircraft, or flak, guns alongside boys. Children commonly served in auxiliary roles in the Luftwaffe and were known as flakhelfer, from luftwaffenhelfer.[19]
Japan[edit]
In anticipation of the possible Allied invasion of Japan, Japanese military authorities also trained young teenagers to fight the enemy with bamboo spears and other (often poorly) improvised weapons. Some Japanese children aged 17 years volunteered to be Kamikaze suicide pilots.[20]
Prior to that, Japanese school children experienced increased military training introduced through their physical education classes, with military drills becoming a staple part of their curriculum.
The Japanese Imperial Army mobilized students aged 14–17 years in Okinawa island for the Battle of Okinawa. This mobilization was conducted by the ordinance of the Ministry of Army, not by law. The ordinances mobilized the student for a volunteer soldier for form's sake. However, in reality, the military authorities ordered schools to force almost all students to 'volunteer' for soldiers. Sometimes they counterfeited the necessary documents of students. And student soldiers 'Tekketsu Kinnotai' were killed such as in suicide attacks against a tank with bombs and in guerrilla operations.
After losing in the Battle of Okinawa in June 1945, the Japanese government enacted new laws in preparation for the decisive battles in the main islands. They were the laws that made it possible boys aged 15 or older and girls aged 17 or older to be drafted into the army for actual battles. Those who escape the draft were punished by imprisonment.
The Japanese surrender, however, had forestalled the Allied invasion of the Japanese main islands, and therefore rendered these child soldiers unnecessary.[21][22]
Jewish resistance[edit]
During the Holocaust, Jews of all ages participated in the Jewish resistance simply to survive. Most Jewish Resistance took place after 1942 when the Nazi atrocities became clear.[23] Many Polish political leaders fled Warsaw at the onset of war, and those who remained were generally executed, jailed or forced to serve on the Jewish Council (Judenrat).[24]
Leaders of the Zionist Youth Movement who fled returned to Warsaw through a sense of responsibility as local leaders, for both youth in general and the wider Jewish community.[25] More than 100,000 young Jews participated in resistance youth movements, despite the Germans outlawing such activity.[26]
The Zionist groups' focus changed with the onset of war. Before the war, they focused on social and ideological development. Feeling a higher sense of responsibility to their people during the war, they set out to educate their people by setting up underground schools in ghettos.[27]
These leaders led a ghetto resistance, determining political and social action underground.[28] Youth of the Zionist resistance were part of the Armee Juive (Jewish Army) in France, created in 1942, an armed Jewish resistance in Western Europe. They took part in the 1944 uprisings against the Germans in Paris.[29]
Many members of the youth movement Hashomer Hatzair fought in the Warsaw Ghetto uprising of 1943. The participation of children in this armed resistance is usually regarded as nothing short of heroic.[30]
Soviet Union[edit]
A number of child soldiers served in the Soviet Union's armed forces during World War II. In some cases, orphans also unofficially joined the Soviet Red Army. Such children were affectionately known as 'son of the regiment' (Russian: сын полка) and sometimes willingly performed military missions such as reconnaissance. Officially, the age of military conscription was lowered to 18 for those without secondary education and 19 for those who had been educated beyond that.[31]In 1943 and 1944 16-17 years old teenagers (born 1926-7), many of Middle Asia, were drafted. These soldiers served in secondary units, not combat. Many were sent to the Far East, to replace units sent to the German front. After training and coming of age, the youth were sent too.[32]
United Kingdom[edit]
In the United Kingdom, boys of 17 were accepted into the Home Guard when it was formed in 1940 in preparation for a German invasion and as a 'last line of defence'.[33] On 27 September 1942, the minimum age was lowered to 16 provided there was parental consent.[34] They were nicknamed 'Dad's Army'.[35] The Secretary of State for War, Anthony Eden, called for men between the ages of 17 and 65 for Home Guard duty, so it was voluntarily undertaken by those of the younger age. Initially a rag-tag militia, the Home Guard and its young volunteers became well-equipped and well-trained. More than 1,200 Home Guard men died from German bombings.[36]
United States[edit]
In World War II, the US only allowed men and women 18 years or older to be drafted or enlisted into the armed forces, although 17-year-olds were allowed to enlist with parental consent.[37] Some successfully lied about their age. The youngest member of the United States military was 12-year-old Calvin Graham. He lied about his age when he enlisted in the US Navy, and his real age was not known until after he was wounded.[38] The United States military was not the sole recruiter, albeit unintentionally or intentionally, of underage child soldiers during World War II.
Legality[edit]
The legality of the use of children in armed conflicts, as soldiers or in other capacities, has changed significantly in the last century. During both world wars, the legal framework was under-developed. Following World War I, in 1924 the League of Nations adopted the Geneva Declaration of the Rights of the Child.[39] Despite this attempt to protect children's rights, stating they must be 'protected against every form of exploitation,'[40] the rise of fascism that led to the start of World War II left millions of children again unprotected – gassed, killed or orphaned.[41]
Definition of a child[edit]
The lack of legal protection for children in times of war, which allows for their exploitation, can be linked to the lack of a universally recognised definition of a child during World War II.
Prior to the creation of the United Nations during World War II, protection of child welfare was predominantly embodied in the laws of war, jus in bello.[42] These laws sought to outlaw war.[43]
In relation to protecting the rights of children involved in conflict, however, this concept failed to address the concept of a child-soldier at the time of World War II.
Furthermore, there was essentially no criminal culpability placed on the child where a breach of jus in bello occurred.[44] No legal limits excluded children being involved in armed conflicts, nor was there any definition of what a child was in relation to their ability to be involved in conflicts.
Changes since World War II[edit]
The introduction of the United Nations Convention on the Rights of a Child in 1989 was the first time that any formal commitment was entered into that specified, protected and realised the human rights of a child.[45] This Convention sets out the civil, political, economic, social, health and cultural rights of children.
Currently, the United Nations Children's Fund (UNICEF) defines a child soldier as 'any child – boy or girl – under eighteen years of age, who is part of any kind of regular or irregular armed force or armed group in any capacity'.[46] This age limit of 18 is relatively new, only introduced in 2002 under the Optional Protocol to the Convention on the Rights of the Child. Prior to 2002, the 1949 Geneva Convention, the 1977 Additional Protocols, and the 1989 Convention on the Rights of the Child, all set 15 as the minimum age to participate in armed conflict.[47]
Convicting children of war crimes[edit]
It is a contentious issue whether children should be able to be prosecuted for committing war crimes.[48]
Following the creation of the United Nations in 1945, and subsequent international conventions, such as the United Nations Convention on the Rights of the Child, child rights have been notably asserted and protected.[49] Immediately following World War II, children involved in armed conflict were not able to be prosecuted, as the legislative instruments did not exist to do so. Currently, international law does not prohibit children in being prosecuted for war crimes they committed, although article 37 of the United Nations Convention on the Rights of a Child does limit the punishment a child can receive. This includes 'neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age'.[50]
Under Article 8(2)(b)(xxvi) of the Rome Statute of the International Criminal Court (ICC), which was adopted in 1998, and came into force in 2002, 'Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities' is a war crime.[51]
Under the Paris Principles and Guidelines on Children Associated with Armed Forces or armed groups, those children accused of war crimes, should primarily be treated as victims and treated in accordance with international law under restorative justice, rehabilitation that is consistent child protection treaties and principles.[52]
There were some cases from World War II, where children were prosecuted of war crimes for actions undertaken during the war. Two 15-year-old ex-Hitler Youth were convicted of violating laws of war, by being party to a shooting of a prisoner of war. The youths' age was a mitigating factor in their sentencing.[53]
See also[edit]
References[edit]
- ^'Hitler Youth'Archived 22 April 2015 at the Wayback Machine, The History Place, Retrieved on 15 April 2015.
- ^'Hitler Youth'Archived 22 April 2015 at the Wayback Machine, The History Place, Retrieved on 15 April 2015.
- ^Hill, Allan. 'Revealed: The Tragedy of the Nazi Child soldiers rounded up from school', Express, Retrieved on 17 April 2015.
- ^'Revealed: The Tragedy of the Nazi Child soldiers rounded up from school', Express, Retrieved on 17 April 2015.
- ^'The Hitler Youth'Archived 9 May 2015 at the Wayback Machine, British Pathé, Retrieved on 20 April 2015.
- ^'The Hitler Youth'Archived 9 May 2015 at the Wayback Machine, British Pathé, Retrieved on 20 April 2015.
- ^'Hitler Youth'Archived 22 April 2015 at the Wayback Machine, The History Place, Retrieved on 19 April 2015.
- ^'The Hitler Youth'Archived 9 May 2015 at the Wayback Machine, British Pathé, Retrieved on 22 April 2015.
- ^'The Hitler Youth'Archived 9 May 2015 at the Wayback Machine, British Pathé, Retrieved on 22 April 2015.
- ^'Hitler Youth'Archived 22 April 2015 at the Wayback Machine, The History Place, Retrieved on 20 April 2015.
- ^The History Place, Retrieved on 19 April 2015.
- ^Eigen, Louis D. 'Child Soldiers Are Unfortunately Nothing New'Archived 23 March 2018 at the Wayback Machine, Scriptamus, Retrieved on 23 April 2015.
- ^'World War II: 12th SS HitlerJugend Panzer Division Fought in Normandy'Archived 11 May 2015 at the Wayback Machine, HistoryNet, Retrieved on 23 April 2015.
- ^'Hitler Youth'Archived 22 April 2015 at the Wayback Machine, The History Place, Retrieved on 20 April 2015.
- ^'Child Soldiers Are Unfortunately Nothing New'Archived 23 March 2018 at the Wayback Machine, Scriptamus, Retrieved on 2 October 2014.
- ^Latimer, John. 'World War II: 12th SS HitlerJugend Panzer Division Fought in Normandy'Archived 11 May 2015 at the Wayback Machine, HistoryNet, Retrieved on 24 April 2015.
- ^'Hitler Youth'Archived 22 April 2015 at the Wayback Machine, The History Place, Retrieved on 23 April 2015.
- ^'Hitler Youth'Archived 22 April 2015 at the Wayback Machine, The History Place, Retrieved on 21 April 2015.
- ^'Hitler Youth'Archived 22 April 2015 at the Wayback Machine, The History Place, Retrieved on 20 April 2015
- ^Eigen, Louis D. 'Child soldiers are unfortunately nothing new'Archived 23 March 2018 at the Wayback Machine, Scriptamus.wordpress.com, Retrieved on 26 April 2015.
- ^Eigen, Louis D. 'Child soldiers are unfortunately nothing new'Archived 23 March 2018 at the Wayback Machine, Scriptamus.wordpress.com, Retrieved on 26 April 2015.
- ^[better source needed]
- ^'Armed Jewish Resistance: Partisans'Archived 20 April 2015 at the Wayback Machine, Holocaust Encyclopedia, Retrieved on 24 April 2015.
- ^'Jewish Youth Movements in Wartime Poland: From Minority to Leadership'Archived 20 April 2015 at the Wayback Machine, Holocaust Encyclopedia, Retrieved on 24 April 2015.
- ^'Jewish Youth Movements in Wartime Poland: From Minority to Leadership'Archived 20 April 2015 at the Wayback Machine, Holocaust Encyclopedia, Retrieved on 24 April 2015.
- ^International School for Holocaust Studies. 'Youth Movements'Archived 13 July 2014 at the Wayback Machine, Shoah Resource Center, Retrieved on 22 April 2015.
- ^'Jewish Youth Movements in Wartime Poland: From Minority to Leadership'Archived 20 April 2015 at the Wayback Machine, Holocaust Encyclopedia, Retrieved on 24 April 2015.
- ^'Jewish Youth Movements in Wartime Poland: From Minority to Leadership'Archived 20 April 2015 at the Wayback Machine, Holocaust Encyclopedia, Retrieved on 24 April 2015.
- ^'Armed Jewish Resistance: Partisans'Archived 20 April 2015 at the Wayback Machine, Holocaust Encyclopedia, Retrieved on 24 April 2015.
- ^Rosen, David. 'Child soldiers: Victims or heroes?'Archived 24 September 2015 at the Wayback Machine, FDUMagazine, Summer-Fall 2005.
- ^Simkin, John. 'The Red Army'Archived 16 March 2015 at the Wayback Machine, Spartacus Educational, Retrieved on 23 April 2015.
- ^'Last war draft. Russian Gazette, May 2012'. Archived from the original on 13 February 2018. Retrieved 13 February 2018.
- ^IVM Staff. 'The Real Dad’s Army'Archived 4 September 2015 at the Wayback Machine, Imperial War Museum, Retrieved on 22 April 2015.
- ^'THE 32ND STAFFORDSHIRE (ALDRIDGE) BATTALION 1940–1944: TIMELINE 1938–1945 – KEY DATES OF THE HOME GUARD'Archived 25 September 2015 at the Wayback Machine, Staffshomeguard.co.uk, Retrieved on 22 April 2015.
- ^'The Home Guard'Archived 12 January 2017 at the Wayback Machine, Children's British Encyclopedia, Retrieved on 24 April 2015.
- ^IVM Staff. 'The Real Dad’s Army'Archived 4 September 2015 at the Wayback Machine, Imperial War Museum, Retrieved on 22 April 2015.
- ^Pollarine, Joshua (2008). Children at War: Underage Americans Illegally Fighting the Second World War. University of Montana.
- ^'Interesting Facts About World War II'Archived 29 April 2015 at Archive.today, Armed Forces History Museum, Retrieved on 10 April 2015.
- ^'Geneva Declaration on the Rights of the Child'Archived 9 April 2015 at the Wayback Machine, UN Documents, Retrieved on 11 April 2015.
- ^'Geneva Declaration on the Rights of the Child'Archived 9 April 2015 at the Wayback Machine, UN Documents, Retrieved on 11 April 2015.
- ^Save the Children. 'History of children’s human rights'Archived 18 April 2015 at the Wayback Machine, Children's Rights in Wales: United Nations Conventions on the Rights of the Child, Retrieved on 11 April 2015.
- ^Khan, Myra. 'International Laws Concerning the Recruitment and Use of Child Soldiers and the Case of Omar Khadr'Archived 20 January 2013 at the Wayback Machine, St Jerome's University, Retrieved on 13 April 2015.
- ^'What are Jus in Bello and Jus ad Bellum?'Archived 8 July 2014 at the Wayback Machine, International Committee of the Red Cross: Resource Centre, Retrieved on 16 April 2015.
- ^Yesduas, Michelle. 'The Beautiful Soldiers: A piece on child soldiers, humanitarian law and a critique of modernity’s discourse of childhood'Archived 30 September 2018 at the Wayback Machine, Academia.edu, Retrieved on 16 April 2015.
- ^'Conventions on the Right of the Child'Archived 25 January 2016 at the Wayback Machine, UNICEF, Retrieved on 26 April 2015.
- ^'Fact sheet: Child Soldiers'Archived 26 February 2015 at the Wayback Machine, UNICEF, Retrieved on 26 April 2015.
- ^Kaplan, Eben. 'Child Soldiers Around the World'Archived 10 May 2015 at the Wayback Machine, Council on Foreign Relations, Retrieved on 26 April 2015.
- ^McCollough, Lauren. 'The Military Trial of Omar Khadr: Child Soldiers and the Law'Archived 12 May 2008 at the Wayback Machine, 'Crimes of War Project'Archived 22 December 2008 at the Wayback Machine, Retrieved on 26 April 2015.
- ^'Conventions on the Rights of the Child'Archived 25 January 2016 at the Wayback Machine, UNICEF, Retrieved on 27 April 2015.
- ^'A Summary of the Rights under the Convention on the Rights of the Child'Archived 13 February 2015 at the Wayback Machine, UNICEF, Retrieved on 26 April 2015.
- ^'Rome Statute of the International Criminal Court'Archived 26 February 2015 at the Wayback Machine, International Criminal Court, Retrieved on 27 April 2015.
- ^''The Paris Principles and Guidelines on Children associated with armed forces or armed groups''(PDF). Archived(PDF) from the original on 23 September 2015. Retrieved 29 April 2015.
- ^'Trial of Johannes Oenning & Emil Nix'Archived 3 October 2018 at the Wayback Machine, British Military Court, Borken, Germany, 21–22 Dec 1945, 11 L REP. Trials of War Crimes 74 (1949). Retrieved on 27 April 2015.
External links[edit]
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Military_use_of_children_in_World_War_II&oldid=896282029'