For the application of criminal law in practice, the age of sexual consent is of great importance. The qualification of the crime (for some offenses) depends on the age of the victim in cases of sexual integrity. Also, the age of the victim itself is a sign of the objective side (for example, sexual intercourse with a person who has not reached a certain age limit).
Of course, such formulations are not used in everyday life and it all comes down to the question: at what age can you engage in intimate life in the Russian Federation. In 2020-2021, there have been no changes in the current criminal legislation in this regard and are not planned.
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Definition of the term
There is no such concept as “age of consent” either in the Criminal Code of the Russian Federation or in the Family Code. This term is not used and has never been used in Russian law, but it is used in everyday life by analogy with Western countries: it is common in the USA and European countries.
In fact, in Russian law, this term should be understood as the permissible age of the sexual partner of an adult citizen, voluntary intimate intercourse with whom will not have any legal consequences for the other party. That is, this is the age at which you can engage in intimate life by mutual consent.
It has nothing to do with the age of puberty, although, of course, the latter was considered when forming the norms of law; these are concepts from their different spheres: law and medicine. Also, the age of consent should not be confused with the legal age of marriage. In Russia, according to Art. 13 of the RF IC, the permissible age for marriage is 18 years. Under 18 years of age, marriage is possible under exceptional circumstances with the permission of local authorities, but both citizens must be at least 16 years old.
Curfew for minors - restrictions and fines
Dismissal
In fact, such dismissal is called “by agreement of the parties.” When preparing documents, it is somewhat reminiscent of termination of an employment relationship, but has its own characteristics. First of all, the law does not determine the form of such an agreement, but it is still worth drawing up a document to avoid future legal disputes. Also, the law does not stipulate the conditions for terminating the relationship, but they can be agreed upon and included in such a document.
In any case, such a decision must be deliberate and voluntary. It is possible to terminate an employment contract by mutual consent with any category of citizens, even from socially disadvantaged groups.
Age of consent in Russia
The age of sexual consent in Russia in 2020-2021 can be determined by Articles 134 and 131 of the Criminal Code of the Russian Federation. According to the first specified norm, sexual intercourse with a person under 16 years of age is considered a crime. But the subject of this crime is special; charges under this article can only be brought against a citizen who has reached the age of 18.
That is, according to the norms of the Criminal Code of the Russian Federation, up to 18 years of age you can engage in intimate life; moreover, sexual relations between teenagers under 18 years of age do not contradict the law if they have reached the age of 14 years.
However, according to the note to Art. 131 of the Criminal Code of the Russian Federation, sexual intercourse with a person under 12 years of age can be recognized as rape. Legislators believe that adolescents under this age do not understand the nature of the acts committed against them and cannot give informed consent to sexual relations. Essentially they are in a helpless state.
What does the age of sexual consent mean and at what age can you legally engage in intimate life in Russia?
The age of sexual consent is the age at which sexual contact with a partner who has reached it is not punishable by law. In the Russian Federation, the general age of consent is established in Art. 134 of the Criminal Code of the Russian Federation, according to which sexual intercourse with a person is illegal if he is under 16 years of age.
Divorce by mutual consent
Divorce by mutual consent is the simplest option for dissolving a marriage. The procedure is carried out through the registry office, provided that the couple does not have minor children. The advantage is that the divorce is carried out in the shortest possible time, there is no need to deal with legal proceedings.
It should be understood that such mutual consent to divorce will cost much less.
In case of divorce, the following documents are submitted to the registry office:
- identification;
- marriage certificate;
- a divorce petition written jointly by both spouses;
- receipt of payment of state duty.
In fact, such special cases are not “divorce by mutual consent”, but do not require the agreement of the other partner, if the second spouse:
- officially declared missing;
- was sentenced to at least 3 years;
- was declared incompetent in accordance with the procedure established by law.
Also, by mutual consent, the division of jointly acquired property of spouses can occur.
Question of qualifications
Responsibility arises for sexual intercourse with a citizen under 16 years of age from a person who has turned 18 years old, under the following articles:
- from 14 to 16 years old - Part 1, 2 Art. 134 of the Criminal Code of the Russian Federation;
- if the victim is under 14 years old, but has already turned 12 - Part 3 of Art. 134 of the Criminal Code of the Russian Federation;
- under 12 years old - pp. "b" part 4 art. 131 of the Criminal Code of the Russian Federation.
Although the general age at which a person can be brought to criminal responsibility is 16 years, for some offenses the legislator makes an exception. Among them is Art. 134 of the Criminal Code of the Russian Federation. If the victim has not reached the age of 12, persons over 14 years of age are subject to criminal liability. This conclusion is drawn from a systematic interpretation of the norms (Articles 20, 134, note to Article 131 of the Criminal Code of the Russian Federation).
Registration of the Europrotocol in case of an accident
Another example where the term “by mutual consent” is used is the case of drawing up the Euro Protocol in case of an accident. At its core, it is a notification to traffic police officers without the need for them to go to the scene of an incident and investigate it.
It is possible to draw up a Euro Protocol if both parties agree on the cause of the accident and the existing damage, if there were only two participants, the damage was caused only to vehicles and there were no casualties. Registration of the Europrotocol greatly simplifies the process, but has its pitfalls. It is quite difficult to correctly draw up such a protocol without knowing the details, which is why it may subsequently be declared invalid by the court, which will lead to serious problems.
Thus, in jurisprudence there are several situations that involve reaching agreements by mutual consent. The specifics in each case are governed by different federal laws.
Latest changes in legislation
Since 2013, sexual relations with a minor between the ages of 16 and 18 may be subject to criminal prosecution if it is proven that the teenager is involved in sexual relations for the provision of related services.
If it is established that the victim expressed consent on the basis of receiving any reward (monetary or other nature, as well as due to the promise of reward to another person), the actions of the perpetrator, who has reached the age of 18, will be qualified under Art. 240.1 of the Criminal Code of the Russian Federation.
The dangers of early onset of sexual activity
Teenagers who enter into early sexual relationships face many dangers. Let's consider the main negative consequences:
1. Pregnancy.
- Girls who become pregnant at a young age are not able to bear a healthy child. It is more likely to occur as a result of caesarean section, premature birth or underweight. According to statistics, more than 50% give birth to still babies or children die before six months.
- Pregnancy and childbirth are dangerous not only for the baby, but also for the health of the young mother. Due to unformed physiology, gestation is accompanied by severe toxicosis, anemia, and diseases of the internal organs. There is a high risk of dying from uterine bleeding during childbirth.
- Pregnancy does not always end with the appearance of a baby. More than half have abortions, which lead to gynecological diseases and infertility. There is a high risk of ectopic pregnancy.
- The psychological aspect is also important. Teenagers, having learned about their situation, hide this fact from others. They feel guilty and become depressed. Often experiences end in suicide attempts or abandonment of the child in the maternity hospital.
2. Cancer of the cervix, larynx, rectum.
Sociological surveys have revealed that girls who have had early sexual intercourse have a much higher risk of cervical cancer than those who started having sex after 18. This is explained by the fact that this type of malignant neoplasm is caused by the human papillomavirus, which is transmitted sexually way. The teenager’s body has not yet fully formed; the body’s immune defense is weak and cannot fully resist viruses.
Increasingly increasing cases of laryngeal cancer are associated with unprotected oral sex.
The risk of contracting the human papillomavirus during anal sex increases. Due to the structure of the rectum, it is easier for its mucosa to cause microtrauma. A virus that penetrates in this way can cause the growth of a malignant tumor in the intestine.
3. Venereal and infectious diseases.
Gonorrhea, trichomoniasis, chlamydia are the most common diseases among adolescents. Lack of seriousness in relationships and frequent changes of sexual partners lead to the fact that more than half of those who entered into early sexual relations suffered from at least one of these three diseases during the first year of sexual life.
The number of sick teenagers suggests that by their age they have not received sex education and do not know about the mandatory use of condoms to prevent the penetration and reproduction of pathogenic microorganisms.
In addition to the listed diseases, there is a high risk of contracting hepatitis, herpes, ureaplasmosis and other infections. Syphilis is insidious in that it does not appear for a long time, gradually affecting the internal organs. AIDS causes irreversible changes caused by immune deficiency. In total, there are about 40 sexually transmitted diseases.
Every fifth married couple is unable to conceive a child due to the fault of one of the spouses or both. This deplorable state of affairs is caused by early sexual activity, frequent changes of partners and, as a result, irreversible changes in the reproductive system.
4. Psychological changes and trauma.
With the onset of sexual life, further physical and intellectual development is inhibited:
- The body cannot cope with stress. The central nervous system suffers, the balance of hormonal levels is disturbed.
- Some teenagers remain childish for the rest of their lives. Problems arise in building a family, where boys and girls transfer their psychological trauma received during unsuccessful first sex.
- For some young people, the search for an ideal partner continues endlessly.
- Many guys who go for easy early relationships without a sensual attachment subsequently treat women soullessly, using them as a sexual object.
- Girls who have experienced pain and humiliation at the beginning of sexual activity often carry a dislike for sex throughout their lives. They develop vaginismus and frigidity.
- There has been a direct connection between the early onset of intimate life and neuroses, depression, and suicidal tendencies. Teenagers' perception of reality is distorted, and sometimes they behave inappropriately.
Is reconciliation possible?
According to the note to Art. 134 of the Criminal Code of the Russian Federation, the accused may be released from punishment if the following circumstances exist:
- committing such a crime for the first time;
- elimination of the social danger of the act due to entering into official marital relations with the victim (victim).
This relaxation does not apply to qualified squads, that is, in the presence of aggravating circumstances set by law beyond the scope of Part 1 of the article.
Physical aspect
Is it medically possible to have sex at 16? In fact, most teenagers' bodies mature much earlier than this milestone. They are physically capable of performing an act of love already at the age of 13-14 years, immediately after puberty.
But psychologically, teenagers are not ready yet. Psychological maturation and readiness for sex occurs much later - not earlier than 16, and in most cases - 18 years.
Parents' opinion
At 16 years of age, teenagers are still under the care of their parents. And the latter may have their own opinion on this issue. Most fathers and mothers believe that their child is ready for intimate relationships only after 18 years of age, and preferably after marriage. This is especially true for girls; it’s a little easier for boys. Some parents prefer not to think at all about when their children will begin intimate relationships - in their minds this event will not happen soon, maybe by the age of 30. They are not able to perceive their grown-up children as independent individuals with their own needs and desires. What to do with such a generational conflict?
In fact, here you can use the law “my house - my rules.” On the one hand, it limits young people, but on the other hand, it motivates them to fly out from under their parents’ wing as quickly as possible and become independent.
The influence of religion on the question of whether one can have sex at 16 cannot be underestimated. All major world religions, such as Judaism, Christianity, Catholicism, Islam, Protestantism, do not deny carnal joys between a man and a woman. But intimate relations are permissible only between husband and wife.
What is what?
Let's start with the basics: what is the age of sexual consent? Maybe this is the same period that Carlson called “heyday”? In criminal law, this is the age at which a person can reasonably consent to intimate relations with another person. If the age of sexual consent has not been reached, the adult partner bears legal responsibility. For such an act, the punishment may vary depending on the country, time, age of the adult partner and age difference. Some countries set age boundaries separately in situations where there is a distribution of power from the oldest to the youngest in a couple.
So is it normal to have sex at 16?
Entering into intimate life is a very personal matter for each person. It is so delicate that it is better not to interfere with it. However, parents should and are obliged to educate their child in certain matters so that he or she can understand for themselves whether it is worth having sex at the age of 16.
Here is a list of topics to cover:
- Explain that most of his (her) peers exaggerate their sexual exploits.
- Talk about contraception and methods of protection against sexually transmitted diseases.
- Explain that all the consequences of intimate relationships will fall on his (her) shoulders. And this could be an unwanted pregnancy, an STD, or infertility - as a result of an abortion or a previous illness.
Parents and children talking about sex is always an awkward situation. It’s rare to have such a trusting relationship that they talk freely on any topic. However, it is not necessary to talk; you can find relevant literature or videos on the Internet and invite your child to study the issue on their own. You just need to check the quality and adequacy of the presentation of the material, without relying only on the title of the video or book. Otherwise, the teenager may receive information in a distorted form.
Peer opinion
Many teenagers become intimate because of subtle peer pressure. This happens because at a young age you don’t want to feel like a black sheep and an outcast. This influence cannot be underestimated. Some young people start having sex not because they met an attractive person and felt a riot of hormones, but simply because it is customary.
Although, according to statistics, most teenagers do not have any intimate contacts until they are 17-18 years old. But at the same time they brag to their peers about their sexual exploits. And this turns into a vicious circle: “everyone is talking about sex, so we will talk about sex, and at the slightest opportunity we will do it.”
