Ages of consent in Australia and Oceania
Encyclopedia
The ages of consent for sexual activity vary by jurisdiction across Australia
, New Zealand
and Oceania
. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Close in age exceptions may exist and are noted when relevant. Other variables, for example are same-sex sexual conduct with a higher age of consent, such as two Australia
n states that have a higher age of consent and no defences in legislation for anal sex
in Queensland
(defined as sodomy
, regardless).
The below is a list of all jurisdictions in Oceania as listed in List of sovereign states and dependent territories in Oceania.
is a federation of States and Territories. Each State and Territory has its own laws relating to age of consent issues. However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
Sex between consenting adults (18 or over) in private, regardless of gender or sexual orientation can not be outlawed under section 4 of the Human Rights (Sexual Conduct) Act 1994].
to engage in sexual intercourse with a person under the age of 16. However it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.
to engage in sexual intercourse with a person under the age of 16 or attempt such an offence. Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc).
for a person to engage in sexual intercourse or an act of indecency with a person under the age of 16 (Criminal Law Amendment Act 1993.
to engage in sexual intercourse with a person under the age of 16 or attempt such an offence. Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc).
to have carnal knowledge
of a person under the age of 16 (Criminal Code Act 1899, s215). "Carnal knowledge" does not include "sodomy
" (ie., anal sex
) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual ).
to have sexual intercourse with a person under the age of 17. However it is a defence if both parties were 16 at the time of the offence or if both parties are married to one another Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc).
to have sexual intercourse with a person under the age of 17. However it is a defence if the younger person was of or above 12 years and the older was not more than 3 years their senior or, if the younger person was of or above 15 years and the older was not more than 5 years their senior and .
to sexually penetrate a person under the age of 16. However it is a defence if the younger party was aged 12 years or older and the offender was not more than 2 years older than the younger person, or they were married. Further it is an offence for a person to sexually penetrate a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc). A person under the age of 18 is not allowed to work as a prostitute nor to be in a brothel.
to sexually penetrate a person under the age of 16 (sections 320 & 321 of the Criminal Code Act Compilation 1913). However, it is an offence (section 322) for a person to have sex with a child of or over 16 and under 18 if he or she is in a person of authority to them.
where applicable apply. (These specify a general age of consent of 15.) See Ages of consent in Europe#France.
is 16, regardless of sexual orientation and/or gender.
where applicable apply. (These specify a general age of consent of 15.) See Ages of consent in Europe#France.
is 15 (sections 133, 134 & 135), but homosexual sex is illegal at all ages (sections 153, 154 & 155). Furthermore, section 132 prohibits taking a girl under 18 out of the care of her parents or guardian for the purpose of sexual intercourse, while section 136 prohibits procuring a girl under 18 for sexual intercourse.
is 16. Section 152(A) of the Criminal Code provides that anyone engaging in sexual penetration with a person under 16 is liable to imprisonment for up to 25 years.
is 17. The penalty for unlawful carnal knowledge or attempted carnal knowledge of a girl under 17 is six years imprisonment. Indecent treatment of a girl under 17 is a misdemeanor punishable by two years imprisonment.
to have a sexual connection with a person under the age of 16 It is a defence if due diligence had been undertaken by the defendant to ascertain the victim's age, had reasonable grounds to believe the victim was aged 16 or over and consent was given. Further it is an offence for a person to have a sexual connection with a person under the age of 18 if the defendant is in a guardianship role (parent, stepparent, foster parent, guardian, uncle, aunt or other members of extended family, whanau
or other power or authority or responsibility for care or upbringing)
New Zealand has had a uniform and equal age of consent of 16, regardless of sexual orientation and/or gender since the passage of the Homosexual Law Reform Act
in 1986. All territories of New Zealand have legalized homosexuality in 2007 (except for the Cook Islands
as shown below) LGBT rights in New Zealand under the Niue Amendment Act 2007.
Although age of consent laws in New Zealand (as with most other western countries) are currently severe, consensual relationships between adults and young teens are usually not prosecuted unless the parent or child complain about it. Similarly, although a teen 14 years or older can be prosecuted for a consensual relationship with a teen under 16 (both parties if both are 14 years or older), this is extremely rare. Even with a complaint, it is still up to police discretion and if the age difference is small it is rarely prosecuted, with family group conferences being the more likely option. There was an attempt to formalise this under law in 2004, however this was abandoned after a public outcry. It is interesting to note that before 2005, there was not a law in New Zealand prohibiting any form of sexual relationship between adult women and male minors.
to have sexual intercourse with a girl under the age of 16, ss146 and 147). If the girl consented and is aged 12 or more, it is a defence if the offender is younger than the girl, or if he is under 21 of age and "had reasonable cause to believe, and did believe" that the girl was aged 16 or older. (These defenses do not apply if consent was obtained fraudulently.)
There is no minimum age of consent for boys, although sodomy is illegal at any age (s155) and it is illegal for men aged 21 or more to commit indecent acts on boys under the age of 15 (s153). Similarly, it is illegal for women aged 21 or more to commit indecent acts on girls under the age of 15 (s152).
to have unlawful carnal knowledge of a girl under the age of 16. If the victim is aged 12 or more, it is a defence if the defendant "believed, on reasonable grounds" that the girl was aged 16 or older. It is a crime for any person to indecently deal with a boy under the age of 14 (section 211), and boys under the age of 17 are not deemed able to consent to acts by another male that, but for their consent, would be indecent assaults (section 243). Also having or allowing carnal knowledge "against the order of nature" is illegal at any age, as are acts of "gross indecency" between males (sections 210 and 212).
involved mostly charges of rape or sexual assault, not "underage sex" (and some "gross indecency with a child under 14" charges), although it was claimed during the trial that (presumably consensual) "underage sex" with girls from the age of 12 was normal on Pitcairn.
crime ordinance.. If the girl consented and is aged 12 or more, it is a defence if the defendant was younger than the girl, or if he was under 21 and "had reasonable cause to believe, and did believe" that the girl was aged 16 or older. These defenses do not apply if consent was obtained fraudulently. There is no minimum age of consent for boys, although sodomy is illegal at any age (section 58E) and it is illegal for men aged 21 or more to commit indecent acts on boys under the age of 16 (section 58C). Similarly, it is illegal for women aged 21 or more to commit indecent acts on girls under the age of 16 (section 58B).
is 15 (sections 141, 142 & 143), but homosexual sex is illegal at all ages (sections 160, 161 & 162). Further, section 140 prohibits taking a girl under 18 out of the care of her parents or guardian for the purpose of sexual intercourse, while section 144 prohibits procuring a girl under 18 for sexual intercourse.
It should be noted, also, that section 126 prohibits procuring a woman under 21 to have unlawful carnal connection.
is 15 (sections 133, 134 & 135), but homosexual sex is illegal at all ages (sections 153, 154 & 155). Further, section 132 prohibits taking a girl under 18 out of the care of her parents or guardian for the purpose of sexual intercourse, while section 136 prohibits procuring a girl under 18 for sexual intercourse.
is 16 years old. There is however a close in age exemption, which allows those aged 14 and 15 to consent to sex with those less than five years older.
to engage in sexual intercourse with a person under the age of 16 .
is 16.
§ 25.25. Third Degree Criminal Sexual Conduct.
(a) A person is guilty of criminal sexual conduct in the third degree if
the person engages in sexual penetration with another person and if any of
the following circumstances exists:
(1) that other person is at least fourteen (14) years of age and
under sixteen (16) years of age
(...)
is 16, regardless of sex or sexual orientation..
where applicable apply. See Ages of consent in Europe#France.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
and Oceania
Oceania
Oceania is a region centered on the islands of the tropical Pacific Ocean. Conceptions of what constitutes Oceania range from the coral atolls and volcanic islands of the South Pacific to the entire insular region between Asia and the Americas, including Australasia and the Malay Archipelago...
. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Close in age exceptions may exist and are noted when relevant. Other variables, for example are same-sex sexual conduct with a higher age of consent, such as two Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n states that have a higher age of consent and no defences in legislation for anal sex
Anal sex
Anal sex is the sex act in which the penis is inserted into the anus of a sexual partner. The term can also include other sexual acts involving the anus, including pegging, anilingus , fingering, and object insertion.Common misconception describes anal sex as practiced almost exclusively by gay men...
in Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
(defined as sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
, regardless).
The below is a list of all jurisdictions in Oceania as listed in List of sovereign states and dependent territories in Oceania.
Australia
AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
is a federation of States and Territories. Each State and Territory has its own laws relating to age of consent issues. However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
Federal laws (legislation that applies to all Australian people)
Under federal legislation, it is an offence for an Australian citizen, resident or body corporate while outside of Australia to have sexual intercourse with a child under the age of 16 or to induce a child under the age of 16 to have sexual intercourse, or be somehow involved in a similar sexual act.Sex between consenting adults (18 or over) in private, regardless of gender or sexual orientation can not be outlawed under section 4 of the Human Rights (Sexual Conduct) Act 1994].
- Australia federation of AIDS organisations, age of consent] (20 July 2007)
- Australia federation of AIDS organisations, age of consent - State and territory legislation] (29 June 2006)
Australian Capital Territory
It is an offence in the Australian Capital TerritoryAustralian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
to engage in sexual intercourse with a person under the age of 16. However it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.
Coral Sea Islands Territory
The laws of the Australian Capital Territory apply to the Coral Sea Islands Territory.New South Wales
It is an offence in New South WalesNew South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
to engage in sexual intercourse with a person under the age of 16 or attempt such an offence. Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc).
Norfolk Island
It is an offence in Norfolk IslandNorfolk Island
Norfolk Island is a small island in the Pacific Ocean located between Australia, New Zealand and New Caledonia. The island is part of the Commonwealth of Australia, but it enjoys a large degree of self-governance...
for a person to engage in sexual intercourse or an act of indecency with a person under the age of 16 (Criminal Law Amendment Act 1993.
Northern Territory
It is an offence in the Northern TerritoryNorthern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
to engage in sexual intercourse with a person under the age of 16 or attempt such an offence. Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc).
Queensland
It is an offence in QueenslandQueensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
to have carnal knowledge
Carnal knowledge
Carnal knowledge is an archaic or legal euphemism for sexual intercourse. The term derives from the Biblical usage of the verb know/knew, as in the King James and other versions, a euphemism for sexual conduct...
of a person under the age of 16 (Criminal Code Act 1899, s215). "Carnal knowledge" does not include "sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
" (ie., anal sex
Anal sex
Anal sex is the sex act in which the penis is inserted into the anus of a sexual partner. The term can also include other sexual acts involving the anus, including pegging, anilingus , fingering, and object insertion.Common misconception describes anal sex as practiced almost exclusively by gay men...
) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual ).
South Australia
It is an offence in South AustraliaSouth Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
to have sexual intercourse with a person under the age of 17. However it is a defence if both parties were 16 at the time of the offence or if both parties are married to one another Further it is an offence to engage in sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc).
Tasmania
It is an offence in TasmaniaTasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
to have sexual intercourse with a person under the age of 17. However it is a defence if the younger person was of or above 12 years and the older was not more than 3 years their senior or, if the younger person was of or above 15 years and the older was not more than 5 years their senior and .
Victoria
It is an offence in VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
to sexually penetrate a person under the age of 16. However it is a defence if the younger party was aged 12 years or older and the offender was not more than 2 years older than the younger person, or they were married. Further it is an offence for a person to sexually penetrate a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc). A person under the age of 18 is not allowed to work as a prostitute nor to be in a brothel.
Western Australia
It is an offence in Western AustraliaWestern Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
to sexually penetrate a person under the age of 16 (sections 320 & 321 of the Criminal Code Act Compilation 1913). However, it is an offence (section 322) for a person to have sex with a child of or over 16 and under 18 if he or she is in a person of authority to them.
Clipperton Island (France)
The laws of FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
where applicable apply. (These specify a general age of consent of 15.) See Ages of consent in Europe#France.
Fiji
Under the Crimes Act 2010 effective since 1 February 2010, the age of consent in FijiFiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
is 16, regardless of sexual orientation and/or gender.
French Polynesia (France)
The laws of FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
where applicable apply. (These specify a general age of consent of 15.) See Ages of consent in Europe#France.
Kiribati
The age of consent in KiribatiKiribati
Kiribati , officially the Republic of Kiribati, is an island nation located in the central tropical Pacific Ocean. The permanent population exceeds just over 100,000 , and is composed of 32 atolls and one raised coral island, dispersed over 3.5 million square kilometres, straddling the...
is 15 (sections 133, 134 & 135), but homosexual sex is illegal at all ages (sections 153, 154 & 155). Furthermore, section 132 prohibits taking a girl under 18 out of the care of her parents or guardian for the purpose of sexual intercourse, while section 136 prohibits procuring a girl under 18 for sexual intercourse.
Marshall Islands
The age of consent in Marshall IslandsMarshall Islands
The Republic of the Marshall Islands , , is a Micronesian nation of atolls and islands in the middle of the Pacific Ocean, just west of the International Date Line and just north of the Equator. As of July 2011 the population was 67,182...
is 16. Section 152(A) of the Criminal Code provides that anyone engaging in sexual penetration with a person under 16 is liable to imprisonment for up to 25 years.
Nauru
The age of consent in NauruNauru
Nauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...
is 17. The penalty for unlawful carnal knowledge or attempted carnal knowledge of a girl under 17 is six years imprisonment. Indecent treatment of a girl under 17 is a misdemeanor punishable by two years imprisonment.
New Caledonia (France)
New Caledonia has a civil law system based on French law; the 1988 Matignon Accords grant substantial autonomy to the islands.New Zealand
It is an offence in New ZealandNew Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
to have a sexual connection with a person under the age of 16 It is a defence if due diligence had been undertaken by the defendant to ascertain the victim's age, had reasonable grounds to believe the victim was aged 16 or over and consent was given. Further it is an offence for a person to have a sexual connection with a person under the age of 18 if the defendant is in a guardianship role (parent, stepparent, foster parent, guardian, uncle, aunt or other members of extended family, whanau
Whanau
Whānau , is a Māori-language word for extended family, now increasingly entering New Zealand English, particularly in official publications.In Māori society, the whānau is also a political unit, below the level of hapū and iwi, and the word itself also has other meanings: as a verb meaning to give...
or other power or authority or responsibility for care or upbringing)
New Zealand has had a uniform and equal age of consent of 16, regardless of sexual orientation and/or gender since the passage of the Homosexual Law Reform Act
Homosexual Law Reform Act
The New Zealand Homosexual Law Reform Act 1986 is a law that legalised consensual sex between men aged 16 and older. It removed the provisions of the Crimes Act 1961 that criminalised this behaviour.-Background:...
in 1986. All territories of New Zealand have legalized homosexuality in 2007 (except for the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
as shown below) LGBT rights in New Zealand under the Niue Amendment Act 2007.
Although age of consent laws in New Zealand (as with most other western countries) are currently severe, consensual relationships between adults and young teens are usually not prosecuted unless the parent or child complain about it. Similarly, although a teen 14 years or older can be prosecuted for a consensual relationship with a teen under 16 (both parties if both are 14 years or older), this is extremely rare. Even with a complaint, it is still up to police discretion and if the age difference is small it is rarely prosecuted, with family group conferences being the more likely option. There was an attempt to formalise this under law in 2004, however this was abandoned after a public outcry. It is interesting to note that before 2005, there was not a law in New Zealand prohibiting any form of sexual relationship between adult women and male minors.
Cook Islands
It is an offence in the Cook IslandsCook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
to have sexual intercourse with a girl under the age of 16, ss146 and 147). If the girl consented and is aged 12 or more, it is a defence if the offender is younger than the girl, or if he is under 21 of age and "had reasonable cause to believe, and did believe" that the girl was aged 16 or older. (These defenses do not apply if consent was obtained fraudulently.)
There is no minimum age of consent for boys, although sodomy is illegal at any age (s155) and it is illegal for men aged 21 or more to commit indecent acts on boys under the age of 15 (s153). Similarly, it is illegal for women aged 21 or more to commit indecent acts on girls under the age of 15 (s152).
Papua New Guinea
It is an offence in Papua New GuineaPapua New Guinea
Papua New Guinea , officially the Independent State of Papua New Guinea, is a country in Oceania, occupying the eastern half of the island of New Guinea and numerous offshore islands...
to have unlawful carnal knowledge of a girl under the age of 16. If the victim is aged 12 or more, it is a defence if the defendant "believed, on reasonable grounds" that the girl was aged 16 or older. It is a crime for any person to indecently deal with a boy under the age of 14 (section 211), and boys under the age of 17 are not deemed able to consent to acts by another male that, but for their consent, would be indecent assaults (section 243). Also having or allowing carnal knowledge "against the order of nature" is illegal at any age, as are acts of "gross indecency" between males (sections 210 and 212).
Pitcairn Island (United Kingdom)
The current age of consent appears to be 16, as a 1999 case involved a New Zealand tourist convicted of "unlawful carnal knowledge" of a girl of 15 (this will be confirmed once The Pitcairn Constitution Order 2010 comes into effect). However the Pitcairn sexual assault trial of 2004Pitcairn sexual assault trial of 2004
On 30 September 2004, seven men living on Pitcairn Island , went on trial facing 55 charges relating to sexual offences. On 24 October, all but one of the defendants were found guilty on at least some of the charges they faced...
involved mostly charges of rape or sexual assault, not "underage sex" (and some "gross indecency with a child under 14" charges), although it was claimed during the trial that (presumably consensual) "underage sex" with girls from the age of 12 was normal on Pitcairn.
Samoa
It is an offence to have sexual intercourse with a girl under the age of 16: sections 51 and 53 of Samoa'sSamoa
Samoa , officially the Independent State of Samoa, formerly known as Western Samoa is a country encompassing the western part of the Samoan Islands in the South Pacific Ocean. It became independent from New Zealand in 1962. The two main islands of Samoa are Upolu and one of the biggest islands in...
crime ordinance.. If the girl consented and is aged 12 or more, it is a defence if the defendant was younger than the girl, or if he was under 21 and "had reasonable cause to believe, and did believe" that the girl was aged 16 or older. These defenses do not apply if consent was obtained fraudulently. There is no minimum age of consent for boys, although sodomy is illegal at any age (section 58E) and it is illegal for men aged 21 or more to commit indecent acts on boys under the age of 16 (section 58C). Similarly, it is illegal for women aged 21 or more to commit indecent acts on girls under the age of 16 (section 58B).
Solomon Islands
The age of consent in the Solomon IslandsSolomon Islands
Solomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal...
is 15 (sections 141, 142 & 143), but homosexual sex is illegal at all ages (sections 160, 161 & 162). Further, section 140 prohibits taking a girl under 18 out of the care of her parents or guardian for the purpose of sexual intercourse, while section 144 prohibits procuring a girl under 18 for sexual intercourse.
Tonga
The age of consent is 16. A girl under the age of 16 cannot legally consent to acts that would constitute indecent assault, but for her consent (section 124): Indecent assault. 124. (2) A girl under the age of 16 years cannot in law give any consent, which would prevent an act being an indecent assault for the purposes of this section. (Inserted by Act 9 of 1987.) Indecent assault on any child under the age of 12 is an offence attracting a harsher penalty, and consent of the victim is no defense (section 125). Sodomy is illegal at any age (section 136). Carnal knowledge of a girl under 12 also carries a harsher penalty of life imprisonment (section 120) and it is no defence to believe she consented (section 122).It should be noted, also, that section 126 prohibits procuring a woman under 21 to have unlawful carnal connection.
Tuvalu
The age of consent in TuvaluTuvalu
Tuvalu , formerly known as the Ellice Islands, is a Polynesian island nation located in the Pacific Ocean, midway between Hawaii and Australia. Its nearest neighbours are Kiribati, Nauru, Samoa and Fiji. It comprises four reef islands and five true atolls...
is 15 (sections 133, 134 & 135), but homosexual sex is illegal at all ages (sections 153, 154 & 155). Further, section 132 prohibits taking a girl under 18 out of the care of her parents or guardian for the purpose of sexual intercourse, while section 136 prohibits procuring a girl under 18 for sexual intercourse.
Hawaii
The age of consent in HawaiiHawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
is 16 years old. There is however a close in age exemption, which allows those aged 14 and 15 to consent to sex with those less than five years older.
American Samoa
It is an offence in American SamoaAmerican Samoa
American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
to engage in sexual intercourse with a person under the age of 16 .
Baker Island
Baker Island is under the jurisdiction of the US Federal Government as part of the Pacific Remote Islands Marine National Monument. As such, all US Federal laws regarding age of consent would be applicable.Guam
The age of consent in GuamGuam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
is 16.
§ 25.25. Third Degree Criminal Sexual Conduct.
(a) A person is guilty of criminal sexual conduct in the third degree if
the person engages in sexual penetration with another person and if any of
the following circumstances exists:
(1) that other person is at least fourteen (14) years of age and
under sixteen (16) years of age
(...)
Howland Island
Howland Island is under the jurisdiction of the US Federal Government as part of the Pacific Remote Islands Marine National Monument. As such, all US Federal laws regarding age of consent would be applicable.Jarvis Island
Jarvis Island is under the jurisdiction of the US Federal Government as part of the Pacific Remote Islands Marine National Monument. As such, all US Federal laws regarding age of consent would be applicable.Johnston Atoll
Johnston Atoll is under the jurisdiction of the US Federal Government. As such, all US Federal laws regarding age of consent would be applicable.Kingman Reef
Kingman Reef is under the jurisdiction of the US Federal Government as part of the Pacific Remote Islands Marine National Monument. As such, all US Federal laws regarding age of consent would be applicable.Midway Atoll
Midway Atoll is under the jurisdiction of the US Federal Government as part of the Pacific Remote Islands Marine National Monument. As such, all US Federal laws regarding age of consent would be applicable.Palmyra Atoll
Palmyra Atoll is under the jurisdiction of the US Federal Government as part of the Pacific Remote Islands Marine National Monument. As such, all US Federal laws regarding age of consent would be applicable.Wake Atoll
Wake Atoll is under the jurisdiction of the US Federal Government through the Department of the Interior. As such, all US Federal laws regarding age of consent would be applicable.Vanuatu
Since 1 January 2007 under the Criminal Consolidation Act 2006, the age of consent on VanuatuVanuatu
Vanuatu , officially the Republic of Vanuatu , is an island nation located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is some east of northern Australia, northeast of New Caledonia, west of Fiji, and southeast of the Solomon Islands, near New Guinea.Vanuatu was...
is 16, regardless of sex or sexual orientation..
- Also see LGBT rights in VanuatuLGBT rights in VanuatuLesbian, gay, bisexual, and transgender persons in Vanuatu may face legal challenges not experienced by non-LGBT residents. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.-Law regarding same-sex sexual...
Wallis and Futuna (France)
The laws of FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
where applicable apply. See Ages of consent in Europe#France.
See also
- Age of consentAge of consentWhile the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
- Age of consent reformAge of consent reformAge of consent reform refers to efforts to change age of consent laws, whether to raise or lower or abolish the age of consent, or to change the ways in which the laws are applied. Another issue has been homosexual vs...
- Ages of consent in AfricaAges of consent in AfricaThe ages of consent for sexual activity vary by jurisdiction across Africa. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject...
- Ages of consent in AsiaAges of consent in AsiaThe ages of consent for sexual activity vary by jurisdiction across Asia. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject...
- Ages of consent in EuropeAges of consent in EuropeThe ages of consent for sexual activity vary by jurisdiction across Europe. Spain has the lowest age of consent, while Malta and Turkey are at the highest end . The laws can also stipulate the specific activities that are permitted and/or differentially specify the age at which a given sex can...
- Ages of consent in North AmericaAges of consent in North AmericaThe ages of consent in North America for sexual activity vary by jurisdiction.The age of consent in Canada is 16 and all US states set their limits between 16 and 18.The ages of consent in the countries of Central America range from 15 to 18....
- Ages of consent in South AmericaAges of consent in South AmericaAges of consent in Latin America may refer to:*Ages of consent in Mexico *Ages of consent in North America*Ages of consent in South America...