Estonia - Age of Consent

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ESTONIA

Updated 07-2002:

I don't read Estonian, but I found an update to the information on your site about Estonia. There is a project in Estonia to translate all major legal documents from Estonian into English. They've done so for the Penal Code.

The site is http://www.legaltext.ee
The penal code is:
http://www.legaltext.ee/text/et/X30068.htm (Estonian)
http://www.legaltext.ee/text/en/X30068.htm (English)

The section numbers don't match the information you have on your site, but also note the new penal code was passed after that email was sent,
on 6 June 2001.

Of note is sections 145 and 146:

145. Sexual intercourse with child

An adult person who engages in sexual intercourse with a person of less than 14 years of age shall be punished by up to 3 years imprisonment.

146. Satisfaction of sexual desire with child
An adult person who involves a person of less than 14 years of age in satisfaction of sexual desire in a manner other than sexual intercourse
shall be punished by up to 2 years imprisonment.

I couldn't find any reference made to same-sex versus different-sex intercourse.

 

 

Update 01-2001

Source:    http://www.odci.gov/cia/publications/factbook/geos/en.html

Facts about the country

Source: http://www.actwin.com/eatonohio/gay/world.htm

ESTONIA LAWS: 1. Has no sodomy laws, the age of sexual consent is 16 for homosexual males, and 14 for lesbians and heterosexuals.

Source:  http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/

Estonia - Estonie - Estonia   Tallin

I. Ages for legal purposes
Age of simple majority
The legal age of majority is eighteen (18) years. In context of different laws and legal activities the
age when a person becomes fully responsible for his actions and the age of criminal responsibility is
provided differently.

Age of consent for sexual activity
The legal age of consent for sexual activity is fourteen (14) years.

Age of consent for marriage
The legal age of consent for marriage is eighteen (18) years, and fifteen (15) years with consent of the parents.

II. Rape
Article 115, Item 1
" (1) Sexual intercourse with an adult female without her consent using violence or using threats
or taking advantage of the victim’s helplessness - is liable to imprisonment from two (2) to five (5) years. "

Article 115, Item 2
" (2) Rape :
1) by person who has previously committed rape ; or
2) by group of persons ;
3) raping a person who is younger than eighteen (18) ;
4) causing serious bodily injuries,
- is liable to imprisonment for three (3) to ten (10) years . "

Article 115, Item 3
" (3) Rape -
1) if serious consequences were caused ; or
2) raping a person who is younger than twelve (12),
- is liable to imprisonment for eight (8) to fifteen (15) years. "

III. Other forms of child sex abuse
‘Abnormal satisfaction of sexual passion’, Article 115

" (1) Abnormal satisfaction of sexual passion using violence or threatening with violence or
taking advantage of victim’s helpless condition, if conditions provided in art. 118 of this code are
not present -
- is liable to imprisonment of up to five years.

(2) Same activities with persons who are known to be younger than fourteen (14) years-
- is liable to imprisonment of two (2) to six (6) years. "

Article 116
" Sexual intercourse with female persons who are known to be under fourteen (14) years old,
providing that conditions laid down under art. 115 are not present

- is liable to arrest or imprisonment for up to four (4) years. "

Article 117
" Abnormal sexual activities with persons who are known to be younger than sixteen (16) years -

- is liable to arrest or imprisonment for up to four (4) years."

Article 118 Item 1
" Act of pederasty by using force or by intimidation of use of force or by taking advantage of the
helplessness of the victim
- is liable to imprisonment for two (2) to five (5) years. "

Article 118 Item 2
" Act of pederasty against a person who is known to be under sixteen (16) years old
- is liable to imprisonment for two (2) to ten (10) years. "

IV. Child prostitution
Article 202
" Drawing a minor in committing a crime or prostitution and using a minor for prostitution
- is liable to imprisonment for two (2) to five (5) years. "
‘Inducing a person to prostitution or mediating prostitution’, Article 202(6)
" (1) Inducing a person to prostitution or mediating prostitution
- is liable to imprisonment for up to one (1) year.
(2) Inducing a person of age from eighteen (18) up to twenty-one (21) to prostitution or
mediating prostitution of that person
- is liable to imprisonment for one (1) to three (3) years.
(3) Inducing a person to prostitution or mediating prostitution, if it is done-
1) by violent or other way of persuasion ; or
2) in regard to a minor ;
3) in regard to two (2) or more persons ;
4) by a person who has previous convictions for the same action,
- is liable to imprisonment for three (3) to seven (7) years. "

V. Child pornography
‘Possessing, holding and spreading a work of erotic or pornographic content or one propagating violence or
cruelty’, Article 200

" (1) Possessing, holding, transport, transferring, spreading, demonstrating or making public in
some other way a work featuring a minor in erotic or pornographic situation
- is liable to fine, arrest or imprisonment for up to one (1) year.

(2) Spreading or demonstrating a work propagating violence or brutality or making that in some
other way available to a minor
- is liable to fine, arrest or imprisonment for up to two (2) years.

(3) Spreading or demonstration of a work featuring a minor in erotic or pornographic situation
or making that in some other way available to a minor
- is liable to imprisonment from one (1) to three (3) years. "

Article 200(3)
" Producing a work featuring a minor in erotic or pornographic situation or making a copy of it,
without using a minor as an object of erotic or pornographic activity
- is liable to arrest or imprisonment for up to three (3) years. "

 

[EDITOR NOTE:  This email was received 8-3-2000 and is the first info ever received on Estonia.  The source is provided, however we are unable to verify due to the language.]

You specify AOC in Estonia as 18 years, which is incorrect.

Age of consent for M-F relationship in Estonia is 14 years (expected to be reduced to 13 years), 16 years for M-M relationship, F-F relationship isn't specified but can be assumed to be covered by article $117 on deviant sexual intercourse, which specifies 16 years.

Estonian Penal Code, articles $ 116 (M-F), $ 118 (M-M), $ 117 (F-F).

URLs (everything in Estonian, database requires registration which is free):

Penal code:
http://seadus.ibs.ee/seadus/aktid/%FCn.sk.19920507.1221.20000716.html

Anti-person crimes (Section 4):

http://seadus.ibs.ee/seadus/aktid/%FCn.sk.19920507.1221.20000716.html#ep4

See articles $116 - $118.

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