Greece - Age of Sexual Consent
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GREECE LAWS: 1. Homosexual activity is legal, the age of sexual consent is 15 for
all. Acts of lewdness against nature between males which involve the abuse of a
relationship of dependence created by employment, or which are committed by an adult
seducing a person below the age of 17, or which are committed with the intention of
profiteering, are punished with up to 3 months imprisonment.
2. Bans homosexuals from its military.
3. Under a law passed in 1981, on the pretext of protecting public health, the
police are empowered to forcibly require gay men to be tested for sexually
transmitted diseases.
Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/
Greece - Grèce - Grecia Athens
I. Ages for legal purposes
Age of simple majority The legal age of majority is eighteen (18) years.
Age of consent for sexual activity
The legal age of consent for sexual activity is fifteen (15) years.
Age of consent for marriage
The legal age of consent for marriage is eighteen (18) years. Nevertheless, the Court can
allow the
marriage, even before the completion of the 18th year of age, if the wedding is imperative
by a
significant reason, after having heard the persons about to be married and the parents or
guardians
of that person.
II. Rape
In the Hellenic Legislation, there is no special provision that deals with sexual contact
with a
minor, involving the use of violence.
The general provision of Article 336 of the Greek Penal Code can be applied, as it refers
to adults
and minors of both sexes :
" One who by physical force or threat of serious and immediate danger forces
another into extra-marital intercourse or attempts an indecent act, is punished
with confinement.
If the act of rape is committed by two or more perpetrators who were acting jointly,
the persons are punished with confinement of at least 10 years.
If the act of rape causes the death of the victim, confinement of at least ten years or
life-imprisonment is imposed.
Penal Prosecution is exercised in officio. "
III. Other forms of child sex abuse
‘Seduction of minors’, Article 339 of the Greek Penal Code
" 1) One who commits an indecent act with a person under fifteen (15) years
of age, or causes this
person to commit or undergo such an act through deception, is punished as follows :
a) if the victim is under ten (10) years of age, with at least ten years’
confinement.
b) if the victim has completed ten (10) years of age, but is under thirteen (13) years
of age, with confinement of up to ten years.
c) if the victim has completed thirteen (13) years of age, with imprisonment.
2) If in case of section c) of the first paragraph, the perpetrator has not
completed seventeen (17)
years of age, the Court can only impose reformative or curative measures.
3) If a wedding was performed between the perpetrator and the victim, no criminal
prosecution
will be exercised and if such has been instituted, it is declared inadmissible. "
‘Abduction with consent’, Article 328 of the Greek Penal Code
" One who abducts or detains with intent of marriage or debauchery an unwed and minor
woman,
with her consent but without the consent of the persons legally responsible for her, is
punished
with imprisonment for up to three years if he committed this act with intent of marriage,
or with
imprisonment if he committed this act with intent of debauchery.
A complaint is required for the criminal prosecution."
‘Abuse of minors’, Article 342 of the Greek Penal Code
" 1. With imprisonment of at least one year is punished, one from whom a minor has
legally
descended or a foster parent who commits an unchaste act with his/her minor descendant or
foster
child, a guardian or commissioner or tutor of any kind who commits the same act with the
minor they
have in custody, the teachers or educators with their minor students or trainees, the
clerics with
their minor go-children.
2. The same punishment shall be inflicted to the servants or tenants who commit an
unchaste act
upon a minor who belongs to the same domestic circle, as well as anyone who commits an
indecent act upon a minor entrusted to his supervision or guardianship, even temporarily.
"
‘Incest’, Article 345 of the Greek Penal Code
" 1. Sexual intercourse with blood-relatives of an ascendant is punished with
confinement for up to
ten (10) years, and with blood-relatives of a descendant, with imprisonment for up to two
(2) years,
and between brothers and sisters or half-brothers and half-sisters, sexual intercourse is
punished
with imprisonment for up to two (2) years.
2. Lineal blood descendants may be absolved from punishment if at the time of the
commission of
the act, they had not reached seventeen (17) years of age.
The criminal prosecution is exercised ex officio. "
‘Indecency between relatives’, Article 346 of the Greek Penal Code
" 1. The attempt of another indecent act between relatives as mentioned at Article
345 is punished
with imprisonment for up to one (1) year.
2. The second paragraph of Article 345 shall also be applied in this case.
The criminal prosecution is exercised ex officio. "
‘Insult of sexual dignity’, Article 337 of the Greek Penal Code
" 1. One who insults heavily the dignity of a person concerning his sexual life, with
the perpetration
of unchaste gesticulations or with proposals regarding unchaste acts, shall be punished
with
imprisonment of not more than one (1) year or with a fine.
2. The act described in the above-mentioned paragraph is punished with imprisonment from
three
(3) months to two (2) years if the victim is younger than twelve (12) years of age. "
‘Sodomy’, Article 347 of the Greek Penal Code
" a) Abuse of a relationship of dependence based upon employment ; or
b) Sodomy committed by an adult through the seduction of a person under seventeen (17)
years of
age, or for financial gain, shall be punished with imprisonment of at least three (3)
months.
The criminal prosecution is exercised ex officio. "
IV. Child prostitution
Child prostitution is completely prohibited in Greece. This results from the provision of
Article 6
of the Law 1193/81, according to which " any woman intending to prostitute herself
for money,
must have reached twenty-one (21) years of age and submit relevant application to the
competent
police authority. "
The following provisions of the Greek Penal Code are also applicable with a view to
encounter child prostitution :
‘Pandering’, Article 349
" 1. One who induces, urges, procures or facilitates the prostitution or lewd acts of
minors with
the intend to facilitate another one’s debauchery, shall be punished with
imprisonment for at
least nine (9) months and not more than three years, and a fine.
2. The penalty will be increased to imprisonment for at least one year and a fine if the
offence is
committed under one of the following circumstances :
a) If the victim is under sixteen (16) years of age ;
b) If the perpetrator is an ancestor through blood or marriage or a foster parent,
spouse, guardian, or any other person to whom the minor is entrusted for rearing,
education, supervision or custody, even temporarily.
The criminal prosecution is started ex officio. "
‘Trafficking in prostitution’, Article 351 of the Greek Penal Code
" 1. One who, with a view to facilitate another one’s debauchery, engages or
influences a female
minor person for the purpose of prostitution, even with her consent, shall be punished
with
imprisonment for at least one (1) year and not more than three (3) years, and a fine.
2. The penalty will be increased to imprisonment for up to five (5) years if the offence
is committed
by an ancestor through blood or marriage, a foster parent, spouse, guardian or by any
other
person to whom the minor is entrusted for rearing, education, supervision or custody, even
temporarily.
3. These penalties will be imposed, even though the acts of the above-mentioned crime have
been
perpetrated in different territories. "
‘Neglect of a minor’, Article 360 of the Greek Penal Code
" 1. One, with the duty of care for a minor under seventeen (17) years of age, who
fails to prevent
such minor from committing a criminal offence or being engaged in prostitution, shall be
punished with imprisonment for up to one (1) year.
2. The person who commits this offence by neglect, will be punished with imprisonment for
up to
three (3) months.
3. If the offence is committed by a parent, guardian or representative under whose care a
minor
has been placed, the penalty mentioned in the first paragraph will be increased to a
maximum of
two (2) years’ imprisonment, and the penalty mentioned in the first paragraph will be
increased
to a maximum of six (6) months’ imprisonment.
The criminal prosecution is started ex officio. "
V. Child pornography
There are no specific laws for child prostitution, but the provisions of the Law 5060/1931
" Regarding Press
Insult of Honour " can be applied, in which is mentioned that
" one who with the intent of trading or distributing makes, obtains, possesses,
introduces or
exports pornographic documents, forms, writings, paintings, emblems, cinematography
pictures
or other lewd objects of any kind and one who uses any means of publication, with a view
to
facilitate the trade or circulation of such lewd objects, will be punished with
imprisonment for up
to one (1) month and a fine. "
According to the provisions of Article 29, ‘lewd acts’ are considered to be
manuscript prints,
pictures and other objects who insult the feelings of common decency. Works of art or
science are
not considered to be lewd objects, if they consist in cultural creations of humanity which
promote
human knowledge, except if they are offered, sold or given to persons aged under eighteen
(18) for
other purpose than of study.