What is the age of consent in Indonesia? 15 or 18? I found this question on a forum https://www.livinginindonesiaforum.org/forum/general/laws-visas-money-matters-and-documents/52502-age-of-consent Wikipedia says 15. However, Article 82 child protection law says the following: Every one who deliberately commits violence, or threat of violence, forces, does tricks, tells a series of lies, or persuades a child to do, or let obscene acts be done, is subject to penalty of 15 (fifteen) years at most and 3 (three) years at least and fine of Rp. 300.000.000 (three hundreds millions) at most and Rp. 60.000.000 at least. https://www2.congreso.gob.pe/sicr/cendocbib/con4_uibd.nsf/E67F49F7CC441622052580330075862B/$FILE/ANNEX-3-Laws-of-child_protection.pdf I found the law a bit weird. It prohibits some nonconsensual stuffs like &quot;deliberately commits violence, or threat of violence, forces, does tricks, tells a series of lies&quot;, however, later it adds a phrase 'persuade'. Persuading someone is not necessarily nonconsensual. All the words describe nonconsensual activity except 'persuade'. Also, one interpretation of this article is that all sex with girls under 18 is illegal. However, if that's the case, why not just make it simple and don't have sex with girls under 18 ? If all obscene acts with a girl under 18 are illegal, why doesn't the law simply say don't do obscene acts with a girl under 18? If some obscene acts are legal, why does it say &quot;coerce, trick, bla bla bla, persuade&quot; girls to have sex with you if she is under 18? Why does the law prohibit persuading girls to do obscene acts but does not prohibit the actual doing of the obscene act itself? Kind of weird. Of course the law says do obscene acts instead of having sex. I am not even sure what obscene acts include. What am I missing here? Actually, due to this, is age of consent in Indonesia 18 or 15? Any actual court cases will be great. In the forum I sent someone actually asked this: &quot;The exploitation&quot; and &quot;persuasion&quot; angle is not very clear to me. So sex with a girl above 15 is legal unless you &quot;exploit&quot; or &quot;persuade&quot; her to do so. Can anyone shows actual court cases? It seems that actual court cases for this sort of thing is very few. So if the law is to be read literally, it looks like having sex with a girl above 15 is legal unless you &quot;exploit&quot; or &quot;persuade&quot;. Which is absurd.
Content Warning: this post mentions rape / non-consensual sex and discusses (in some non-explicit detail) coercion of minors. As of Tuesday, March 1st, 2016, according to the Indonesian Penal Code (translated version; I cannot read Indonesian), Indonesia's age of consent is 16 years old (18 for homosexual acts). Indonesia also does not have close-in-age exemptions (for example, in Canada, the age of consent is 16 years old, but a 14-year-old can consent to a partner less than 5 years older, and a 12-year-old can consent within 2 years). I cannot verify this source but according to Wikipedia, which cites this PDF, the age of consent could be raised to 18 years under the Child Protection Act arguing that sexual acts can cause bodily or mental harm and &quot;child&quot; is defined as anyone under 18 years of age. As an example, according to Wikipedia, a court case in 2009 (Sydney Morning Herald) saw this used to convict an Australian man. There is nothing weird about this law. I left this as a comment, but let me elaborate in an answer. Your misconception is that persuasion is an innocent and ethical thing. The harsh reality is that children are, on average, more ignorant than adults and lack judgement, foresight, and rationality at times, and there are disgusting individuals that will exploit this fact to get children to do things they otherwise wouldn't such as sex, or drugs. Additionally, age comes with a power imbalance - think a teacher using their power over a student to convince or coerce them into having sex with them. That is not strictly violence, nor telling lies, or &quot;forcing&quot; in the strict sense, nor trickery, but a reasonable individual would still consider that to be not real consent. The fact is that children can only consent if it is entirely of their own accord and judgement and there is no extrinsic pressure forcing or persuading them to. In fact, I argue that adults are subject to this too and persuading or coercing an adult into having sex is also disgusting (but doing this to children is far more abhorrent). But since children are considered by law to lack the judgement to protect themselves against coercion and realize they should reject and get away from their persuader, the law instead protects them. Persuading someone is not necessarily non-consensual. It holds a high chance of being non-consensual, and consent is only considered real when it is a) not coerced, and b) the subject is legally capable; that is, not intoxicated, not a minor (by whatever the age of cosnent is), etc. If all obscene acts with a girl under 18 are illegal, why doesn't the law simply say don't do obscene acts with a girl under 18? Because sex with people between 16 and 18 is legal (in Indonesia) under the right conditions. Although I must say, since you word it as &quot;obscene acts&quot;, then of course they're illegal. Obscene acts are, by definition, morally reprehensible and/or legally incriminating, so illegal things are illegal, is basically what you're saying. Just say &quot;having sex&quot; if you mean &quot;having sex&quot;. Why does the law prohibit persuading girls to do obscene acts but does not prohibit the actual doing of the obscene act itself? Kind of weird. This makes no sense at all, and hopefully after reading my answer you understand why this makes absolutely no sense. How in the earth anyone can have sex with someone without persuading? He walks the street and accidentally plug his penis in? ... Rape? There are many ways to have sex with someone without persuading them that I don't think I have to list. Your main mistake is still conflating persuaded / coerced consent as real consent. In summary, persuasion is not some innocent matter of convincing someone in a friendly manner to have sex. It includes coercion, abusing one's power, exploiting a child's ignorance and limited judgement or foresight, and other reprehensible factors. Consent cannot be given if the individual is too young, impaired, unable to legally give consent, or coerced into it.
england-and-wales Usually, and assuming the smoker is aged 18 or over and there are no aggravating features, an arrest is not always necessary as what's referred to as &quot;simple possession&quot; is dealt with proportionately either by a: Cannabis Warning Which is: a non-statutory disposal. It can be used as a proportionate response to dealing with offenders found in possession of small amounts of cannabis. It is an informal warning, administered by a police officer, to adults found in possession of small amounts of Cannabis, consistent with personal use. ... First offence, no aggravating factors - Cannabis Warning; Second offence, no aggravating factors – PND (see below); Third offence – arrest. Or, a: Penalty Notices for Disorder (PND): You’ll be asked to sign the penalty notice ticket. You won’t get a criminal conviction if you pay the penalty (usually £60, but may be £90) You can ask for a trial if you disagree with the penalty notice. You’ll get a bigger fine if you don’t ask for a trial but don’t pay the fine.
germany Is there any act of husband or wife which can be considered as rape? The paragraph for sexual offences is §177 StGb. Obviously there are nuances between those offences, not everything is &quot;rape&quot;, but all of it is illegal. To answer your question, yes, the same acts that are considered rape when they are not husband and wife. While marriage had been an exception, this was considered archaic by many and this exception was removed in 1997: Vergewaltigung in der Ehe ist seit Juli 1997 strafbar. Mit dem 33. Strafrechtsänderungsgesetz wurde das Merkmal außerehelich aus dem Tatbestand der Vergewaltigung, § 177 StGB, gestrichen, sodass seitdem auch die eheliche Vergewaltigung als ein Verbrechen geahndet wird. Translation: Marital rape has been punishable since July 1997. With the 33rd Criminal Law Amendment Act, the characteristic &quot;extramarital&quot; was removed from the definition of rape, § Section 177 of the Criminal Code, so that since then marital rape has also been punished as a crime. There is no mention of how consent is to be expressed or even that it needs to be expressed explicitely.
Only Parliament has the power to define crimes in law (well, also in the UK there are common law crimes, where ages ago the courts defined punishable wrongs). The police have the power to enforce existing law, but not the power to create new crimes. Part of police power is the power to use force to enforce laws. If a person is trying to kill another (which is a crime), the police can use force to stop the person from committing this crime. Police power can be statutorily encoded (Parliament passes a law saying what police can and cannot do), or it could be part of common law. As for laws regulating a suspect, there may be a specific statutory prohibition – &quot;you may not reach into your pocket&quot; – or there is a common law inference to be made, that if the police have the power to order you to not reach into your pocket you may be forced to comply. The subtle distinction here is that if it is a crime to reach into your pocket when told not to, you can be prosecuted and imprisoned. If there is no such crime, you just have the consequence that you can be roughed up to some extent for disobeying the police order. One act of Parliament is the Offences against the Person Act 1861 §38 which says Whosoever . . . shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, NB &quot;assault&quot; does not require physical contact: creating apprehension suffices. Another law is the Police Act 1996 §89 which says Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both These laws do not exhaustively list all of the things that are forbidden (e.g. they do not say &quot;may not bite. nor scratch, nor kick...&quot;), instead, the prohibitions fall under the general rubric of assault and resisting. Under the circumstances, it is possible that the person could be criminally prosecuted, but even in lieu of a prosecution, it is strongly probable that the police use of force in this instance was lawful. One would have to await the outcome of investigations and litigation to know for sure.
Aiden4's answer about Winconsin's statute 948.60 is correct, but incomplete and the complete reason is interesting/funny, so I'll expand on it: The statute reads: 948.60 Possession of a dangerous weapon by a person under 18. (1) In this section, “dangerous weapon&quot; means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (1c) (a); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends. (2) (a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor. (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony. (c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another. (d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183. (3) (a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision. (b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty. (c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28. 2 things to note: (1) takes care to include, in the list of dangerous weapons: nunchaku, shuriken and manrikigusari. While the first 2 are more or less familiar to everyone knows anything about Japanese martial arts, the last one had to be looked up by everyone following the case to discover that it's the &quot;secret weapon of the Ninja&quot;(even more than the shuriken). (3.c) says that the whole of this entire section applies[adding the brackets to make following the formal logic easier] only if (the person under 18 is in violation of 941.28[barrel length under 16 inches]) or (is not in compliance with ss. 29.304[Restrictions on hunting and use of firearms by persons under 16 years of age] and 29.593[Requirement for certificate of accomplishment to obtain hunting approval]). In programming terms(for those so inclined), 3.C could be written as: IF ((barrelLengthInches &lt; 16) OR (huntingUnder16Applies AND huntingCertificateApplies)) THEN statute948.60Applies ELSE statute948.60DoesNotApply Since the barrel length is over 16'' and Rittenhouse is over 16 and no hunting permit was required for his activities, the whole section of the law did not apply. Assistant District Attorney James Kraus argued that the exception renders the state’s prohibition on minors possessing dangerous weapons meaningless. In essence, that the legislators drafting that law spent too much time watching cheesy early 90's action movies and thinking of how to save Wisconsinites from the Ninja threat, to draft the law properly, so it should be read according to its intent from the title of the section. However, there is a binding Common Law precedent, dating back from the 16th century called the &quot;Rule of Lenity&quot;, also called &quot;Strict Constructionism&quot; in the US, whereby if the legislature screws up, it's the legislature's problem. In the original case, the law in England forbade &quot;felonious stealing of Horses, Geldings or Mares&quot;. A thief was caught, but argued that since he only stole one horse and the law specified horses, the law didn't apply to him. He was let off and the law hastily rectified. Pre-revolutionary Common Law precedent is binding in the US and it was re-affirmed multiple times, e.g. United States v. Wiltberger, where a US sailor got off with killing another US sailor in a Chinese estuary, because the law only applied on the &quot;high seas&quot;. So, the charge was tossed and the defense didn't press the issue further. However, the really interesting bit is that even though it didn't get to be argued since Rittenhouse was 17, the way the law is actually written, this section only applies if (huntingUnder16Applies AND huntingCertificateApplies). That means that there is literally nothing in Wisconsin barring a 12 year old(under 12 is separately forbidden in the 29.304/huntingUnder16Applies section) from possessing and using an AR-15(or AK-47), as long as the barrel is &gt;16'' and a hunting license isn't required for the activity. I think that the legislature will amend the law with haste, before it can be tested on 12 year olds. P.S. the other guy who gave him the gun will get off with this precedent too, since the statute for his charge is: This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28. i.e. the same 3 sub-sections as for Rittenhouse.
england-and-wales Yes As well as the general offence of comtempt of court by publishing facts in breach of a court order, there are also two statutory provisions making it an offence if those facts reveal a person's identity (maliciously or not): section 1, Sexual Offences (Amendment) Act 1992: (1) Where an allegation has been made that an offence to which this Act applies has been committed against a person, no matter relating to that person shall during that person’s lifetime be included in any publication if it is likely to lead members of the public to identify that person as the person against whom the offence is alleged to have been committed. (2) Where a person is accused of an offence to which this Act applies, no matter likely to lead members of the public to identify a person as the person against whom the offence is alleged to have been committed (“the complainant”) shall during the complainant’s lifetime be included in any publication. [...] The relevant offences are listed in section 2 (being rape and a number of other serious sexual offences). section 49, Children and Young Persons Act 1933: (1) No matter relating to any child or young person concerned in proceedings to which this section applies shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as someone concerned in the proceedings. (2) The proceedings to which this section applies are— (a) proceedings in a youth court; (b) proceedings on appeal from a youth court (including proceedings by way of case stated); (c) proceedings in a magistrates' court under Schedule 7 to the Sentencing Code (proceedings for breach, revocation or amendment of youth rehabilitation orders); (d) proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated). [...]
It obviously varies by jurisdiction, but most jurisdictions I am familiar with have something like a "Statute of Limitations" where crimes cannot be prosecuted after a certain length of time because it was "too long ago". The logic is firstly that if you prosecute a pensioner for stealing a bottle of beer from a shop when they were 18, the person you are prosecuting is very different from the person that committed the crime. Secondly, it is very hard to obtain a fair trial after the passing of a long period of time. As far as I know, all jurisdictions vary the length of time depending on the severity of the crime, and the most serious crimes are never time-limited. Rape usually falls into the category of "never time-limited". Of course, although murder and rape can be prosecuted after 15+ years, the difficulty of obtaining a fair trial, and of producing evidence from that long ago, means that they may not be. Finally note that "prosecution" of the accused is often not the primary aim of accusers. They just want to say "this was wrong". Abused individuals often find it very hard to speak out about the abuse; the current scandals have made it that bit easier, by reassuring them that it isn't just them (see the #metoo campaign for example).
Under Albanian law, the situation is somewhat open to interpretation. Law No. 7850 of July 29, 1994 (English translation) Part 1 Title 1 spells out the law of capacity. Article 6 sets 18 as the age of full majority: The person who reaches eighteen years old wins the full rights so that by his acts he gains rights and holds civil obligations. Articles 7-9 place limits on capacity for those who are younger. Those under 14 can act with approval of their legal representative, but unconditionally can be member of social organization, posses everything he gains by his work, to deposit his savings and to posses these deposits himself. Article 8 says say that he "who has not reached fourteen years old, has no capacity to act", and Article addresses 14-16 in the special case of fourteen to eighteen years who is unable to carry out his own affairs because of psychic diseases or mental illness is deprived of the capacity to perform legal transactions a court decision. These transactions can be performed through his legal representative. There is no law covering mentally-fit people between 14 and 18. The capacity to contract is neither affirmed (as for 18+) nor denied (as for 14-). Albanian Supreme Court decisions could be accessed and searched here to see if there have been any court rulings on disaffirmation of contract when one is between 16 and 18 years old. (Better translations here, Albanian original here).