Under 18 dating over 18
As a result, the Constitutional Court struck down the laws prohibiting homosexual sex in the case of National Coalition for Gay and Lesbian Equality v Minister of Justice. The Council of Europe Convention on Action against Trafficking in Human Beings which came into force in also deals with commercial sexual exploitation of children. Examples of such positions of trust include relationships between teachers and students. In the case of Geldenhuys v National Director of Public Prosecutions , the Constitutional Court held that the former difference in the ages of consent had been unconstitutional. 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.
The common-law presumption relating to girls under 12 was replaced by a general presumption that children under 12 cannot consent. That case did not, however, address the difference between the heterosexual and homosexual ages of consent in section 14 of the Sexual Offences Act. 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. Section 15 "statutory rape" prohibits the commission of "an act of sexual penetration with a child who is 12 years of age or older but under the age of 16 years", while section 16 "statutory sexual assault" prohibits the commission of "an act of sexual violation with a child who is 12 years of age or older but under the age of 16 years". 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. 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. As a result, the Constitutional Court struck down the laws prohibiting homosexual sex in the case of National Coalition for Gay and Lesbian Equality v Minister of Justice. Ages can also vary based on the type of calendar used, such as the Lunar calendar ,  how birth dates in leap years are handled, or even the method by which birth date is calculated. 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. The Council of Europe Convention on Action against Trafficking in Human Beings which came into force in also deals with commercial sexual exploitation of children. State Department , the Seychelles age of consent is "traditionally understood" to be 15 but that the country's statutes "fail to clearly define the ages of consent and legal majority"; according to the State Department this causes confusion in regards to the "traditionally understood" age of consent and the age of majority of 18 and therefore complicates enforcement of the law. For instance, in Canada , the age of consent is 16, but there are two close-in-age exemptions: Examples of such positions of trust include relationships between teachers and students. In the case of Geldenhuys v National Director of Public Prosecutions , the Constitutional Court held that the former difference in the ages of consent had been unconstitutional. Most jurisdictions have set a fixed age of consent. 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. In Kuwait, this means that boys must be at least 17 and girls at least 15 years old. Although sex between men was already illegal, prohibited by the common law as " sodomy " or " unnatural sexual acts ", the Immorality Act also criminalised sexual intercourse between a man and a boy under sixteen. This act was replaced by a similar prohibition in section 14 of the Immorality Act, 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. The Immorality Amendment Act, inserted mirror provisions applying to women, prohibiting intercourse between a woman and a boy under 16 or a girl under 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. Jurisdictions use a variety of terms for the offense, including child sexual abuse , statutory rape , illegal carnal knowledge , corruption of a minor,  besides others. The act also fixed the age of consent at 16 for all sexual acts. The Immorality Amendment Act, , which was enacted in response to a national moral panic over homosexuality, raised to 19 the age below which the Immorality Act prohibited sex between males.
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