Last edited: December 08, 2004


Greece

  • Statute: None
  • Penalty:  
  • Restrictions: Gay male prostitution only remains illegal.

Statute

From the International Lesbian and Gay Association

Male homosexual conduct has been legal since 1951 (IOC)

"a) Criminal law There is one legal provision that specifically discriminates against male homosexuals: Article 347 of the penal code which provides for a higher age of consent of 17 for "seducing" a male person if the partner is an adult (i.e., over 18) and which penalises the abuse of a relationship of dependence of an employee without any age limit (there is no corresponding heterosexual offence):

(1) Acts of lewdness against nature between males which involve the abuse of a relationship of dependence created by employment, or which are committed by an adult seducing a person below the age of 17, or which are committed with the intention of profiteering, are punishable by at least 3 months’ imprisonment.

(2) The same sentence is applied to anyone practising acts of lewdness of the kind referred to in Paragraph 1 as a profession.

The general age of consent for heterosexuals, lesbians and obviously also for gay men if no "seduction" is involved is 15. The prohibition of male-to-male prostitution, as stipulated in paragraph 2, is not a matter of discrimination based on sexual orientation, but basically gender-specific discrimination: male prostitution is illegal [in respect of the prostitute]. (Aris Batsioulas in "Equality for Lesbians and Gay Men")

Until 1987 the age of consent was 16 for heterosexuals and lesbians, and 17 for gay men. Since then it has been 15 for people of all sexualities.(PB)

"Greece outlaws homosexual acts "for profit" or "as an occupation" (Art. 347 CC: 3 months to 5 years imprisonment) and - supplemental to the(uniform) age of consent of 15 (Art. 339 CC) - "seduction" of a male under 17 years (Art. 347 CC: 3 months up to 5 years). (Graupner, H.(1997))

Under a law passed in 1981, on the pretext of protecting public health, the police are empowered to forcibly require gay men to be tested for sexually transmitted diseases. (PB)


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