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Romania labels intercourse with under-16s as rape, punishable by imprisonment

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Sexual consent in Romania has been raised from 14 to 16, and those who do not abide by this law will be charged with rape and could face between 7-12 years of imprisonment, according to changes made in Romanian law, according to Euractiv.

In addition to the age limit, the offence of sexual corruption of a minor was extended to any form of messaging with the intention of inciting individuals under the age of 16 to engage in sexual acts, especially given the current prevalence of digital communication and the widespread accessibility of social networks where such messages can easily be disseminated.

The amendment is expected “to eliminate the previous judiciary misinterpretation resulting in the closure of 70% of cases and very few convictions for the perpetrators”, Cerasela Bănică, president of the Advocacy Center and Human Rights, told Euractiv.

The rise of the sexual consent age limit has been repeatedly asked for by NGOs acting in the field, whose actions culminating with recently addressing a letter to the European Commission,  to activate the infringement procedure against the Romanian state due to repeated violation of the protection of minors.

According to the 2021 report from the Romanian Judiciary Inspection, 18,500 children were victims of crimes related to sexual freedom and integrity between 2014 and 2019.

The change of legislation has been initiated by a group of NGOs protecting human rights and fighting human trafficking, together with some Romanian MPs who understood the urgency of the measures, as Romania maintains its top profile as a country of origin for victims of human trafficking, especially minors.

Iana Matei, director of Reaching Out Association, which hosts a shelter for human trafficking victims, praised the necessary change in legislation, but said “there is a lot to revise in implementation standards and mostly in the way that Romanian authorities check the reality on the ground”. Over the years, Reaching Out offered support to over 750 victims, mostly Romanian women and girls who have been enslaved and abused in many European countries.