In December 2001, the government of Romania struck down legislation that limited the legality of homosexual acts, including homosexual sex with a minor (ILGA Feb. 2002).

Currently, the age of consent is 15 for both heterosexual and homosexual relations (GayTimes 10 Feb. 2004; Global Gayz 2003).

In October 2002, the Romanian government adopted the following emergency ordinance regarding sexual contact with a minor:

Art. 198 - Sexual contact, of any nature, with a person of the other sex or of the same sex, who has not reached the age of 15, shall be punished by 3 to 10 years imprisonment and the prohibition of some rights.

This punishment shall also be applied to sanction sexual contact, of any nature, with a person of the other sex or of the same sex aged between 15 and 18 years, if the deed is committed by the person's tutor or guardian or by his or her supervisor, by the person in charge of his or her care, by the person's physician, teacher, professor or educator, while taking advantage of his or her quality, or if the perpetrator has abused the victim's confidence or his or her own authority or influence on/over the victim (Romania 24 Oct. 2002).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

Gay Times. 10 February 2004. "Lesbian and Gay Romania." http://www.gaytimes.co.uk/gt/default.asp?topic=country&country=796 [Accessed 23 July 2004]

Global Gayz. 2003. Florin Buhuceanu. "Romania - Country Report on the Status of LGBT People." http://www.globalgayz.com/romania-news.html [Accessed 23 July 2004]

International Lesbian and Gay Association (ILGA). February 2002. Kurt Krickler. Vol. 2, Issue 1. "Romania Repeals Anti-Gay Law." http://www.ilga-europe.org/docs/newsletters/2002-1/Romania.htm [Accessed 23 July 2004]

Romania. 24 October 2002. "Emergency Ordinance No. 143/2002 for the Amendment and Supplementation of Certain Provisions in the Criminal Code and of Certain Special Laws, to the Purpose of Protecting Minors against Sexual Abuses." (English translation found on Legislation Online.org) http://www.legislationline.org/view.php?document=58169 [Accessed 23 July 2004]

Internet sites, including: 365 Gay.com, Central Europe Review, Data Lounge, Gay People Chronicle, GayGuide, Human Rights Campaign, Lambda Legal, Planet Out, Romanian Action for Gay men, Lesbians and Bisexuals (RAGLB).