National Laws
Legislation of INTERPOL member states on sexual offences against children |
Denmark - Danemark - Dinamarca
Copenhague
I. Ages for legal purposes
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Age of simple majority
The full legal age is eighteen (18) years.
Age of consent for sexual activity
When a person is fifteen (15) years old s/he can consent to sexual intercourse.
Age of consent for marriage
A person can get married without permission of the parents when s/he has
reached the age of eighteen (18) years.
§ 216 of the Danish Penal Code
" (1) Any person who enforces sexual intercourse by violence
or under threat of violence, shall be guilty of rape and liable to imprisonment
for any term not exceeding eight (8) years. The placing of a person in such
a position that that person is unable to resist the act shall be equivalent
to violence.
(2) If the rape has been of a particularly dangerous nature, or in particularly
aggravating circumstances, the penalty may be increased to imprisonment for
any term not exceeding twelve(12) years. "
III.Other forms of child sex abuse
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§ 217 of the Danish Penal Code
" Any person who by other unlawful compulsion (as described
in section 260 of this Act) than violence or threat of violence, procures
for himself sexual intercourse, shall be liable to imprisonment for any
term not exceeding four years. "
§ 218 of the Danish Penal Code
" (1) Any person who, by exploitation of another person's
mental illness or mental deficiency, procures for himself extra-marital
sexual intercourse with that person shall be liable to imprisonment for
any term not exceeding four years.
(2) Any person who procures for himself extra-marital intercourse with
a person who is in such a position that he is unable to resist the act shall
be liable to imprisonment for any term not exceeding four years, unless
the act is covered by the provisions of section 216 of this act. "
§ 219 of the Danish Penal Code
" Any person who is employed in or in charge of any prison,
welfarehome, children's or young person's home, hospital for treatment of
mental disorders, institution for the mentally deficient or any similar
institution, and who has sexual intercourse with any person who is an inmate
of the same institution shall be liable to imprisonment for any term not
exceeding four years. "
§ 220 of the Danish Penal Code
" Any person who, by grave abuse of the subordinate position
or economic dependence of another person, has extramarital sexual intercourse
with that person shall be liable to imprisonment for any term not exceeding
one year or, where the person is under twenty-one (21) years of age, to
imprisonment for any term not exceeding three years. "
§ 222 of the Danish Penal Code
" (1) Any person who has sexual intercourse with any child under
the age of fifteen (15) shall be liable to imprisonment for any term not exceeding
eight (8) years.
(2) If the child is under the age of twelve (12), or if the perpetrator
has enforced the sexual intercourse by coercion or by intimidation, the penalty
may be increased to imprisonment for any term not exceeding twelve(12) years. "
§ 223 of the Danish Penal Code
" (1) Any person who has sexual intercourse with a person under
the age of eighteen (18) who is his adopted child, step-child or foster child,
or who has been entrusted to him for instruction or education, shall be liable
to imprisonment for any term not exceeding four (4) years.
(2) The same penalty shall apply to any person who, by gravely abusing
superior age or experience, induces any person under the age of eighteen
(18) to sexual intercourse. "
§ 225 of the Danish Penal Code
" The provisions in sections 216-220 and sections 222 - 223
shall similarly apply in connection with sexual relations with a person
of the same sex . "
§ 228 of the Danish Penal Code
" (1) Any person who-
1) induces another to seek a profit by sexual immorality with others;
or
2) for the purpose of gain, induces another to indulge in sexual immorality
with
others or prevents another who engages in sexual immorality as a profession
from giving it up; or
3) keeps a brothel;
-shall be guilty of procuring and liable to imprisonment for any term
not exceeding four years.
(2) The same penalty shall apply to any person who incites or helps a
person under the age of twenty-one (21) to engage in sexual immorality as
a profession, or to any person who abets some other person to leave the Kingdom
in order that the latter shall engage in sexual immorality as a profession
abroad or shall be used for such immorality, where that person is under the
age of twenty-one (21) or is at the time ignorant of the purpose. "
§ 229 of the Danish Penal Code
" (1) Any person who, for the purpose of gain or in frequently
repeated cases, promotes sexual immorality by acting as an intermediary,
or who derives profit from the activities of any person engaging in sexual
immorality as a profession, shall be liable to imprisonment for any term
not exceeding three years or, in mitigating circumstances, to simple detention
or a fine.
(2) Any person who lets a room in a hotel or an inn for the carrying
on of prostitution as a profession shall be liable to simple detention or
imprisonment for any term not exceeding one year or, in mitigating circumstances,
to a fine.
§ 233 of the Danish Penal Code
" Any person who incites or invites other persons to prostitution
or exhibits immoral habits in a manner which is likely to annoy others or
arouse public offence shall be liable to simple detention or to imprisonment
for any term not exceeding one year or, in mitigating circumstances, to
a fine. "
§ 235 of the Danish Penal Code
" (1) Any person who commercially sells or otherwise disseminates,
or who, with such an intention, produces or procures obscene photographs,
films or similar objects of children shall be liable to a fine, to simple
detention or to imprisonment for any term not exceeding six months.
(2) Any person who possesses photographs, films or similar objects of
children engaged in sexual intercourse or other sexual relation other than
sexual intercourse shall be liable to a fine. Similarly liable to a fine is
any person who possesses photographs, films or similar objects of children
engaged in sexual intercourse with animals or making use of objects in a grossly
obscene manner. "
Danish legislation has not got any special provision to govern this field,
which is governed by the others regulations of the Penal code on for instance
threats,duress,and the like.
VII. Extra-territorial legislation
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§7 of the Danish Penal Code states
" (1) Acts committed outside the territory of the Danish
State by a Danish national or by a person resident in the Danish State shall
also be subject to Danish criminal jurisdiction in the following circumstances,
namely ;
- where the act was committed outside the territory recognised by international
law as belonging to any State, provided acts of the kind in question are
punishable with a sentence more severe than simple detention ; or
- where the act was committed within the territory of a foreign State,
provided that it is also punishable under the law in force in that territory. "