This is an argument that, unfortunately, still resonates around the world – the young person is 13 years old – that is, under 14 – but, as they have the “body” or “head” of an older person, they “already know what they are doing and are capable of consenting to acts of a sexual nature”.
The issue of the minimum age to consent to sexual acts is often shrouded in dangerous misunderstandings. Therefore, it is essential to state, without ambiguity: children under 14 years of age are not mature enough to consent to sexual relations.
Maturity is not measured by the body, nor by physical appearance, nor by behaviors that may appear “adult”. A child or adolescent may have a developed body or demonstrate precocious autonomy, but this does not mean that they have the capacity to fully understand the emotional, psychological and social implications of a sexual act, decide and consent in an informed way.
This is why the law sets clear limits. Just because a young person is considered “too mature” at age 15 does not mean they can vote, drive a car or assume the legal responsibilities of an adult.
Maturity is a gradual and multidimensional process, and cannot be reduced to an isolated characteristic. In this way, informed consent requires discernment, freedom and awareness of possible consequences – dimensions that are certainly not consolidated before the age of 14.
Normalizing the idea that “some young people are more mature” and, therefore, could consent, is opening the door to legitimizing abuse. It’s placing responsibilities on children’s shoulders that don’t belong to them. Ultimately, it weakens their fundamental right to grow in safe and exploitative environments.
Between the ages of 14 and 18, the law also provides for punishment when the sexual act results from the abuse of the young person’s inexperience or particular vulnerability. This nuance shows that the legislator understands that maturity is not linear and that, even after the age of 14, there are vulnerabilities that need protection.
In addition, there is mandatory signage. Any professional who identifies risk or dangerous situations involving minors has a legal and ethical duty to report it. This obligation is not merely bureaucratic: it is a protection tool, which ensures that society does not turn a blind eye to situations that compromise the safety and healthy development of children.
In summary, Portuguese law and the international treaties ratified by Portugal converge in an unequivocal message: sexual consent under the age of 14 does not exist. Maturity cannot be confused with appearance or behavior, and society has a duty to protect, signal and intervene whenever necessary.
Clinical and forensic psychologist, family and couples therapist