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Age of Consent: Laws
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Despite the law on the age of consent for homosexual men, evidence shows that many young men under the age of 21 are homosexually active. The Sigma project, a major longitudinal study of British homosexual and bisexual men, included 111 men who were aged under 21 when first interviewed in 1987-8[1]. The study sample were self classified as homosexual or bisexual and a sexual relationship was classified as any relationship where the aim was orgasm for one or both individuals involved. Of the 111 men aged under 21 when first interviewed, only 3 had not yet had sexual relations with a man. More than 50% had had their first homosexual experience by age 16, and over 90% by age 18. Of the full Sigma study cohort[2] of men aged 15-81 (median 29), the mean age of first homosexual experience was 15.7. About 60% were homosexually active by age 16, and virtually 80% by age 18.
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If the actor is in a position of authority, the age of consent is 18. If the victim is under the age of 13 the actor must be no more than 36 months older. If the victim is between the ages of 13 and 15 the actor must be no more than 48 months older. The specifics of these laws are covered under Sections 609.34x of the Minnesota Criminal Code. Specifically sections 609.341 Definitions, 609.341 Criminal Sexual Conduct in the First Degree, 609.343 Criminal Sexual Conduct in the Second Degree, 609.344 Criminal Sexual Conduct in the Third Degree, 609.345 Criminal Sexual Conduct in the Fourth Degree, 609.3451 Criminal Sexual Conduct in the Fifth Degree, and 609.349 Voluntary Relationships. These laws have been translated into layman's terms at the child sexual abuse prevention website youcanstopitnow.org.
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The age of consent in the UK is currently 16. So, 17-year-old Ben would be breaking the law if he had sex with 15-year-old Siobhan, even with her consent. Similarly, gay couple Jay, 16, and Mark, 14, are breaking the law as Mark is under age. When your hormones are raging, knowing what the age of consent is may not seem like a top priority. But to stay on the right side of the law, it's something that should be kept in mind.
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A debate on the age of consent for homosexual men is likely to take place in the current parliamentary session as part of the Criminal Justice Bill. Although the age of consent for homosexual men will not form part of the tabled bill, those in favour of a change in the current law will be submitting an amendment to the bill in order that the issue may be debated. It has been reported in the press that the Prime Minister would wish to see a free vote on the issue. Campaigns have been initiated in anticipation of this debate by both those in favour of a change in the law and those against.
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The enforcement practices of age of consent laws tend to 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 authority over the minor. For example; a teacher, priest or doctor. The gender of each actor can ... influence perceptions of an individual's guilt and therefore enforcement.[1]
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The age of consent is the age when the law says you can agree to have sex. In most countries it means until you reach this age you can not legally have sex with anyone, regardless of their age old. In the United States and Canada this is the same situation. Sometimes the law is different if you are female or male.
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