Andorra Parties Push to Raise Sexual Consent Age to 18 in Penal Code Reform

Parliamentary opposition and the governing majority in Andorra continue to push amendments to the government's Penal Code reform, both proposing to raise the age of sexual consent to 18, exceeding the executive's plan for 16.

On Wednesday, Concòrdia, the main opposition group, presented about 20 amendments, outlined by group president Cerni Escalé and councillor Núria Segués. They call for consent to be free, informed, explicitly stated, and revocable at any time, insisting silence cannot imply agreement. Concòrdia opposes the government's five-year age gap exception, advocating graduated penalties tied to age differences instead, with a two-year proximity guideline for teens to prevent punishing consensual relationships. For under-16s, they propose a dedicated chapter treating any sexual act as an offence, carrying five to seven years in prison, escalating to 11 to 15 years for rape. Penalties would rise further for imbalances like those in workplaces, schools, group acts, or positions of trust. Segués noted the code has not seen major updates in over 20 years, failing to address modern sexual violence patterns.

The amendments span four blocks: redefining consent and the age threshold; enhancing minor protections; broadening child pornography rules to cover grooming, production, distribution, and—for the first time—consumption; and tackling digital risks including non-consensual image sharing, AI-generated content, unwanted solicitations, and online minor enticement. They also introduce harsher minimums for rape and qualified assaults, plus aggravating factors for harassment in unequal power dynamics.

Demòcrates, the government-supporting majority, confirmed Thursday they will align consent with the age of majority at 18, with close-in-age safeguards: up to three years for those under 15 (e.g., 15 and 18), and five years for those over 16 (e.g., 17 and 21). Additional proposals include a specific offence for facilitating digital prostitution with direct, real-time interaction, punishable by six months to three years; higher minimums for qualified assaults; criminalising digital media falsely depicting harmful acts that harm honour; and extending disloyal administration to workers exploiting company data for unfair competition. Minister Spokesperson Guillem Casal described Demòcrates' coordination with Justice Minister Ester Molné as cordial, highlighting smooth government-parliament ties and agreement on the consent shift. He recalled the majority's rejection six months ago of Concòrdia's bid to raise consent from 14 to 16.

Concòrdia included a "white amendment" for generic abortion decriminalisation, awaiting the government's June proposal following Holy See talks. Escalé pressed for urgency, citing risks like women dying during helicopter transfers abroad or a raped 14-year-old denied care due to costs. He called the executive's delays a "great disappointment," missing an early legislative window before Vatican positions hardened under the new Pope and co-prince. The group seeks to decriminalise women and medical staff, with CASS coverage, but holds back specifics to avoid preempting government negotiations or straining co-prince relations. "It's irrelevant what we propose without a majority," Escalé said, stressing the issue demands serious debate, not trivialisation.

All parties support a joint amendment, from a Concòrdia initiative, imposing six months to two years in prison or arrest—plus two-year public office bans—for lying to or skipping parliamentary inquiries, plus obstructing them. The Andorran Data Protection Agency suggested incorporating AI and voice cloning in sentencing and data liabilities.