Section 159 of the Criminal Code criminalizes anal intercourse, but provides exceptions for a husband and wife, and any two persons 18 years of age or older.
These exceptions do not apply if a third person is present, or if the anal intercourse takes place anywhere but in private.
Both partners must be of legal age to give consent, although exceptions to the age of consent law exist in some jurisdictions when the minor and his or her partner are within a certain number of years in age or when a minor is married to his/her partner.
Persons below the age of consent may not, by law, give consent, and sexual relations involving such persons may be punished by criminal sanctions similar to those for rape or sexual assault.
These laws are situational and are subject to interpretation.
Sexual relations which occur between adults and teenagers under 18 are left in a legal gray area: laws against corruption of minors as well as estupro laws can be applied to such acts, at the discretion of the prosecution.
The term "position of trust or authority" is not defined in the Code but the courts have ruled that parents, teachers, and medical professionals hold a position of trust or authority towards youth they care for or teach.
Section 153 (1.2) of the Code provides that a judge can infer whether or not a relationship is "exploitative" by considering its nature and circumstances including how old the youth is, the difference in ages between the partners, how the relationship evolved, and the degree of control or influence that the older partner has over the youth."Sexual intercourse with person between 14 and 16 years of age".The age of consent in Aruba is 15, as specified in Article 251 of the Criminal Code of Aruba (which Aruba adapted after its secession from the Netherlands Antilles) which reads: Article 251: "A person who, out of wedlock, with a person In The Bahamas, the age of consent for opposite-sex activity is 16 and the age of consent for same-sex activity is 18.The age of consent was raised from 14 to 16 in the spring of 2008, when the Tackling Violent Crime Act became effective.The new measures still allow for close-in-age exceptions between 12 and 16: if there is no more than a two-year gap for those 12 and 13, or a five-year gap for those 14 and 15.Modern laws vary, and there may be multiple ages that apply in any jurisdiction.