Sexual Majority

One indicates by the expression of sexual majority , the age from which a civil minor can maintain a sexual relationship with an adult without this adult committing a penally repressed offense.

Beyond this limit, the major sexual one thus does not raise any more of the specific laws of child welfare and fight against the Sexual abuse on minor, but of possible laws regulating the sexual relationships between adults.

Sexual majority and assent

The concept of age of assent can be separate among that of sexual majority: thus, certain legislations envisage the case of sexual relationships authorized between sexual minor and an adult, who remains illegal but punished less severely than a not authorized relation.

For example in France, the sexual majority is fixed at 15 years (16 years in Switzerland, 13 years in Spain) except case of particular vulnerability of the minor. The sexual relationship authorized with a minor of less than 15 years is envisaged by the Penal code under the name of Sexual offense and is punished five years of maximum imprisonment (except aggravating circumstances) whereas the not authorized relation enters the fields of the Sexual assault and is punished seven years of maximum imprisonment (except aggravating circumstances) for a minor victim of less than 15 years. In practice however, in lower part of or 13, the assent - even when it is apparent - is 12 years not recognized by the French courts which call upon the concept of “absence of enlightened assent” and exploit the vague term of “surprised” contained in the Penal code (a sexual assault is a sexual relationship imposed by the constraint, the threat or the surprise) in order to be able to qualify the aggression.

Limits of the concept of sexual majority

A limit of the concept of sexual majority lies in the fact that it is about a fixed age, which does not correspond to the variety and continuity that one can observe in the physiological development and the maturity of the human beings. According to their personal history, certain young people know an emotional and sexual maturity very young, other steps before the adulthood.

Inter alia, the same relation could be illegal and severely repressed a day and perfectly legal the following day, birthday day of the teenager - whereas one does not certainly acquire sexual maturity in only one day. To mitigate this kind of inaccuracy, certain countries made some alterations to the law by fixing several lawful ages with gradual conditions for the recognition of the assent. Nevertheless, the fixing of an exact date is vector of legal security. Indeed, it is possible for each and everyone to know that the sexual relationships with a 15 year old minor are prohibited. On the other hand, it would become very difficult to leave the appreciation of the sexual majority to a subjective approach, which by definition would not be là-même according to the individuals. In addition, a subjective appreciation of the penal majority would be contrary with the Principe of legality in criminal law, more commonly called principle of legality of the criminal law Another limit lies in the difference between the countries: an young graduate of a given age could be regarded as major sexual or not according to the country where it is, which can lead to some difficulties in the legal treatment of certain businesses.

In spite of these limits, the majority of the countries of the world chose this principle to regulate the sexual relationships concerning the children and teenagers.

Extraterritoriality

Certain countries, like the France, set up particular rules as regards Extraterritorialité with respect to the laws concerning the sexual abuse of minor: thus, a person can be condemned in her country to have had sexual relationships abroad with minors, even if, because of a difference between the sexual ages of majority, there were not infringement in the country concerned. Such exceptions fréquemement were fréquemement adopted with an aim stated to fight against the Sex tourism concerning minors. The principle of extraterritoriality seems however contrary with the principle of European Citoyenneté.

Sexual majority and orientation

The sexual majority can be different according to the countries for the hétérosexuelles relations and homosexual. It is often higher for these last, which can be perceived like a discrimination with regard to the Homosexualité.

Certain countries prohibit the homosexual acts completely whatever the age of the partners. In some of these countries, the homosexual acts are punished of Capital punishment.

Sexual relationships between sexual minors

In much of country, the law remains fuzzy with regard to the sexual relationships between two sexual minors. In fact, the problem is generally regarded as field of parental education and is very only seldom presented in front of the courts. However, with the the United States, in 1999, child a 11 year old was found in prison for two months following charges of inceste on his/her little sister, carried by a neighbor of the family.

As regards the evolution of manners in France, the sexual relationships between minors are increasingly current. They can consist only of simple contacts between children or teenager. It is noted that the parents do not hesitate any more to approach the police force concerning these facts. This judiciarisation would be due, according to some, with the fact that the sexual relationships between minors would be more and more badly accepted, others would lean for the fact that the company in general is increasingly litigious. Of course, these complaints, in strong increase, do not lead in front of the courts but are concluded by a recall with the law or a social investigation in the cases considered as most serious.

The abolition of the sexual majority

Sexual majority in the world

The age of the sexual majority throughout the world in 2004 varies between 12 and 18 years for the hétérosexuelles relations between 13 and 21 years - even the total ban - for the relations homosexual (see, in the section external bonds, sexual Majorité throughout the world). Certain countries also prohibit all sexual relationships except marriage.

Sexual majority in France

In France, the sexual majority is fixed by principle at 15 years for the hétérosexuelles relations and homosexual. The limiting age is high from 15 to 18 years - except emancipation by the marriage - in the case of relations between a minor and ascending or any person having authority by nature or its function.

The law of April 28th, 1832 introduced into the French Droit a threshold of “sexual majority”, fixed then at 11 years. This threshold was pushed back at 13 years by a law of May 13rd, 1863 then at 15 years by an ordinance of July 2nd, 1945 (Ord. n°45-1472, OJ of the 4 juill.1945, p.4072). It should be noted that it is about a restrictive sexual majority, within the framework of strictly hétérosexuelles relations, even of couple.

As regards homosexual relations, beyond the amendment Mirguet (1963) which made a “social plague of it”, the majority at 21 years, was lowered to 18 years per “effect of raking” in 1974 at the same time as full the Majorité civil, and finally brought back to 15 years by the law of August 4th, 1982 (Law n°82-683, OJ of August 5th, 1982, p.2502) removing the penalization of homosexuality.

The sexual assent is thus considered valid at 15 years (for a relationship with an adult of any age), although the recent recasting of the Penal code does not affirm any more the general right to sexuality as of 15 years like a positive Droit.

Sexual majority in Canada

At the Canada, the sexual majority is fixed at 14 years. In October 2007 the Harper government filed in a bill to adjust it at 16 years.

In what milked the legality of the marriage, the minimal age is 16 years. Nevertheless, in 18 year old lower part, it is necessary to obtain the assent of the parents or the tutors.

Sexual majority in Belgium

The age of sexual majority is fixed at 16 years in Belgium in the event of assent, and 18 years in the contrary cases.

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