The Government has proposed to raise the age of sexual consent in Spain that is currently set at 13, and after the planned reform would be at 16. So far we are one of the two European states (next to the Vatican) in which This age is less. The argument is that before 16, a minor is not mature enough to have sex with adults, and it seems that one of the objectives is to avoid unequal relationships in which there is coercion or abuse of authority.
Previously the UN had already asked our country for such modification, and in Congress (during the mandate of the previous President of the Government) it was agreed, although the modification of the Criminal Code did not prosper, something that will happen on this occasion, because the measure is included in the draft reform. A modification of the Civil Code is also foreseen so that the minimum age that allows marriage to be 16 and not 14 years old, thus materializing one of the points in the Childhood and Adolescence Plan. It should be clarified that between the ages of 13 and 16, sexual relations between equals will not be penalized, that is, among people who are close in age or degree of maturity, or at least that has been manifested by the Ministry of Health, Social Services and Equality. In fact, from organizations such as Save the Children, they urge that the judges in charge should be allowed in case of a complaint, specify the exempting circumstances
Many organizations and experts support the next modification, although the Group of Adolescent Medicine of the Spanish Association of Pediatrics considers it an extreme measure, given the age of onset in adolescent sexual relations, which usually begins between the ages of 14 and 16.
Pediatricians believe that you can fall into the error of criminalizing a social reality, and although I agree that this reality is occurring, Yes, I consider it necessary to have measures that protect minors, because adulthood lasts many years, and although it could be considered natural that two young people aged 15 and 18 had some kind of sexual relationship, surely many of us do not think the same when the age difference is (for example ) of 20 years, and there is an unequal relationship.
In any case, adolescents usually engage in sexual relations with each other, which allows them to experiment and discover at the same rate
The consequences of the inclusion of this measure in the Criminal Code are the application of penalties provided for the crime of 'sexual abuse and aggression against minors' (from two to seven years - or ten if it is violent - for performing acts of a sexual nature; and from eight to 12 if there is carnal access by vaginal, anal or oral route ...). Thus, any sexual relationship with a boy or girl who is under 16 years old, if maintained by an adult, will be considered abuse or aggression, because the minor is not legally allowed to consent with that age.
The reactions against the planned reform, affirm that in this way the sexual freedom of people is limited, however from the age of 16 (in many cases shortly after the first relationships), there is no such limitation, so a priori does not seem so crazy. In addition to age and greater maturity, people are able to make decisions for ourselves without coercion, so we can see it as a necessary margin. Also, keep in mind that - as already mentioned - in most of our surrounding countries, the minimum age is higher (between 14 and 18, coinciding in this case, with the majority of age).
Many think that balance is necessary, and the extremes are not good, but is it an extreme to pretend protection to minors? In the end in other aspects, relations with the environment that could affect them are also regulated: vote, decide an abortion without permission, work.
Finally, it should be remembered that in this of sexuality, one of society's missions regarding minors, would be educational (not always focus on restrictions): educate to provide information, to make decisions, to learn respect for others and oneself, etc. Parents (and teachers or other adults responsible for children) should also review our perception of adolescent sexuality, and the answers we offer, which should be more focused on solving their needs and letting them raise doubts openly, rather than imposing explanations or value judgments.
In my opinion sex education should also be a topic on which to generate debates, and that allows the exchange of opinions, and this does not usually happen.
