What Country Common Paractice to Have Sex Ith Minors
The historic period of consent in Africa for sex varies past jurisdiction across the continent. The specific activity engaged in or the gender of its participants tin can also affect this historic period and the legality of sexual activity. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an historic period at or above which an individual can engage in unfettered sexual relations with another person who is also at or higher up that age. Other variables, for example homosexual and/or sodomy provision(s) that are illegal or close in age exceptions may exist and are stated when relevant.
Summary [edit]
The beneath is a list of all jurisdictions in Africa as listed in list of sovereign states and dependent territories in Africa.
Definitions [edit]
- Restricted by age divergence: younger partner is deemed able to consent to having sex with an older 1 as long every bit their age difference does not exceed a specified amount.
- Restricted by authorization: younger partner is deemed able to consent to having sex activity with an older i as long equally the latter is not in a position of trust or potency, or is not recognised to exist abusing the inexperience of the younger one.
- Unrestricted: historic period from which one is accounted able to consent to having sex with anyone else or marriageable age if they must be married
Different jurisdictions express these definitions differently, like Argentina, may say the age of consent is eighteen, but an exception is made downward to 13 years of historic period, if the older partner is non in a position of authority over the younger i. The data below reflects what each jurisdiction'south legislation actually means, rather than what it states on the surface.
Table [edit]
Countries and states | Must exist married | Restricted past historic period deviation | Restricted by authorization | Unrestricted | Sources | |||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Hetero | Homo | Hetero | Homo | Hetero | Homo | |||||||||
K | F | 1000 | F | M | F | M | F | K | F | K | F | |||
Algeria | No | — | — | — | — | — | — | — | — | 16 | 16 | — | — | |
Angola | No | xiv | 14 | 14 | 14 | — | — | — | — | 16 | sixteen | xvi | 16 | |
Republic of benin | No | — | — | — | — | — | — | — | — | 16 | 16 | 21 | 21 | |
Republic of botswana | No | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
Burkina Faso | No | 15 | 15 | — | — | — | — | — | — | 18 | 18 | — | — | |
Burundi | No | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
Republic of cameroon | No | 16 | 16 | — | — | — | — | — | — | 21 | 21 | — | — | |
Cape verde | No | 14 | 14 | fourteen | xiv | — | — | — | — | sixteen | sixteen | sixteen | sixteen | |
Fundamental African Republic | No | — | — | — | — | — | — | — | — | 18 | 18 | xviii | 18 | |
Chad | No | — | — | — | — | — | — | — | — | 16 | xvi | 16 | 16 | |
Union of the comoros | No | — | — | — | — | — | — | — | — | 15 | fifteen | — | — | |
Congo | No | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
DR Congo | No | — | — | — | — | — | — | — | — | xviii | eighteen | 18 | 18 | |
Republic of djibouti | No | 15 | fifteen | — | — | — | — | — | — | xviii | xviii | — | — | |
Egypt | No | — | — | — | — | — | — | — | — | xviii | xviii | — | — | |
Republic of equatorial guinea | No | — | — | — | — | — | — | — | — | 18 | xviii | — | — | |
Eritrea | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | 18 | |
Eswatini | No | — | — | — | — | — | — | — | — | 18 | xviii | — | — | |
Federal democratic republic of ethiopia | No | — | — | — | — | — | — | — | — | 18 | eighteen | — | — | |
Gabonese republic | No | 15 | 15 | — | — | — | — | — | — | 18 | 18 | 21 | 21 | |
Republic of the gambia | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | 18 | |
Ghana | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | xvi | |
Guinea | No | — | — | — | — | — | — | — | — | xv | 15 | fifteen | xv | |
Guinea-Bissau | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | sixteen | |
Republic of cote d'ivoire | No | 15 | fifteen | — | — | — | — | — | — | 18 | eighteen | — | — | |
Republic of kenya | No | — | — | — | — | — | — | — | — | eighteen | 18 | — | — | |
Lesotho | No | — | — | — | — | — | — | — | — | eighteen | xviii | xviii | 18 | |
Liberia | No | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
Libya | Yes | — | — | — | — | — | — | — | — | 18 | 16 | — | — | |
Republic of madagascar | No | — | — | — | — | — | — | — | — | 14 | fourteen | 21 | 21 | |
Malawi | No | — | — | — | — | — | — | — | — | 16 | 16 | 16 | 16 | |
Mali | No | — | — | — | — | — | — | — | — | fifteen | 15 | 15 | 15 | |
Mauritania | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | eighteen | |
Republic of mauritius | No | — | — | — | — | — | — | — | — | sixteen | 16 | sixteen | sixteen | |
Morocco | Yes | — | — | — | — | — | — | — | — | eighteen | eighteen | — | — | |
Mozambique | No | — | — | — | — | — | — | — | — | 16 | 16 | xvi | 16 | |
Namibia | No | — | — | — | — | — | — | — | — | — | 16 | — | 16 | |
Niger | No | 13 | 13 | — | — | — | — | — | — | 21 | 21 | — | — | |
Nigeria | No | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
Rwanda | No | — | — | — | — | — | — | — | — | 18 | 18 | 18 | 18 | |
São Tomé and Príncipe | No | — | — | — | — | 14 | fourteen | — | — | 16 | 16 | sixteen | xvi | |
Senegal | No | — | — | — | — | — | — | — | — | 16 | xvi | — | — | |
Seychelles | No | — | — | — | — | — | — | — | — | 15 | 15 | — | — | |
Sierra Leone | No | — | — | — | — | — | — | — | — | eighteen | 18 | 18 | 18 | |
Somalia | No | — | — | — | — | — | — | — | — | xviii | eighteen | — | — | |
South Africa | No | 12 | 12 | 12 | 12 | — | — | — | — | 16 | sixteen | xvi | sixteen | |
South Sudan | No | — | — | — | — | — | — | — | — | xviii | 18 | 18 | 18 | |
Sudan | Yes | — | — | — | — | — | — | — | — | xiii | 12 | — | — | |
Tanzania | No | — | — | — | — | — | — | — | — | 18 | 18 | — | — | |
Togo | No | — | — | — | — | — | — | — | — | 15 | 15 | xv | 15 | |
Tunisia | No | — | — | — | — | — | — | — | — | 18 | xviii | — | — | |
Republic of uganda | No | — | — | — | — | — | — | — | — | eighteen | xviii | xviii | 18 | |
Republic of zambia | No | — | — | — | — | — | — | — | — | sixteen | 16 | 16 | 16 | |
Republic of zimbabwe | No | — | — | — | — | — | — | — | — | sixteen | 16 | — | — |
Algeria [edit]
The age of consent in People's democratic republic of algeria is 16 for vaginal intercourse, equally specified in Article 334 of the penal lawmaking.[1]
"Heterosexual Sodomy" (anal and/or oral sex activity with an opposite-sex partner) is illegal, Article 388 of the Penal Lawmaking. Too as all aforementioned-sex sexual behave, Article 338, and "outrages to public decency", Article 333. The penalization for both the beginning 2 activities with those nether 19 years of historic period is more astringent for the older participant.[2]
Republic of angola [edit]
The age of consent in Angola is 14 only sexual activity with persons under sixteen is prohibited if a person over 18 years of age "takes advantage of their inexperience or a situation of particular need".
These laws are covered under articles 192 and 193 of the penal lawmaking—sexual abuse of a minor under 14, and sexual corruption of a pocket-sized under 16.[3]
Some online sources incorrectly list the age of consent as 12, but article 192 criminalizes all sexual acts with persons under xiv (penalties are aggravated if there is penetration or if the victim is under 12).
A new penal code which comes into effect in February 2021 adds protections for sexual orientation and removes criminalizing "vices against nature", which had been used to criminalize aforementioned-sex sexual action.[four]
Republic of benin [edit]
The age of consent in Benin is 16 for females, per Article 3 of The Law on the Prevention and Penalization of Violence against Women.
The age of consent for homosexual acts ("indecent acts or acts against nature") is 21.[v]
Botswana [edit]
The age of consent is 18, every bit of the Penal Lawmaking Amendment Bill 2018,[6] Homosexual relationships accept been legalized as of July 2019.
Burkina Faso [edit]
The age of consent is equally set at 18 regardless of gender.
Section 533-iv of the penal lawmaking criminalizes "indecent assaults" against minors at to the lowest degree 15 just less than 18.
Department 533-19 makes it illegal to incite to debauchery or promote the abuse of minors.[7]
Republic of burundi [edit]
Under the new Penal Code of 2009 (in French), the age of consent in Burundi for heterosexuals (both men and women) is 18 years.[8] However, nether Article 567, homosexual acts (both men and women) comport a fine of up to 100,000 Burundian francs and up to 3 years' imprisonment.[ix]
Republic of cameroon [edit]
The minimum age of consent in Cameroon is 16, equally specified in article 346 of the 2016 penal code.[10]
However, commodity 344 of the same code states; "Whoever, in order to satisfy the desires of some other person, habitually excites, encourages or facilitates the debauch or corruption of any person nether (?) years of historic period...".
This appears subjective equally to what acts, in what situations, may be considered to encourage immoderacy or abuse (when involving minors aged 16 or to a higher place). An boosted concern—and the reason for the question mark to a higher place—is that the original French version of the text lists the age of persons who may not be corrupted every bit those "under 21" (the age of majority in Cameroon), but the English version lists the historic period every bit "nether 18".
Cape verde [edit]
The age of consent in Greatcoat Verde is fourteen regardless of sexual orientation and/or gender, with partial protections for those under age xvi.[11]
Sexual relations with a kid under historic period fourteen are considered a public criminal offence and invoke mandatory reporting from anyone who becomes aware of the law-breaking.
Article 144 of the penal code makes it illegal to engage in sexual acts with persons younger than 14.
Commodity 145 makes it illegal to appoint in sexual acts with a 14- to 15-year-one-time if, being an adult, the offender takes advantage of their superiority (power or control) in the relationship, or if the victim is entrusted to them for education or assistance.
Central African Democracy [edit]
The minimum age of sexual consent is eighteen years of age regardless of gender. This is established in the Penal Code under affiliate five, Article 86 (whatever indecent set on or endeavor without violence).
Article 87 specifies that any indecent assault confronting a person younger than 15 is considered rape, and the punishment is more severe than in the previous commodity.[12]
Chad [edit]
The age of consent in Chad appears to be sixteen.
Article 359 of the 2017 penal code penalizes sexual relations with persons younger than xiii years with two–10 years in prison house.
Article 361 penalizes anyone who commits an indecent deed in the presence of a person nether 16 years of historic period. Penalties are aggravated if the act is committed with violence. The French wording of the commodity ("un outrage a la pudeur") can also be translated to indecent exposure, so it is non entirely clear from the text alone whether this applies to consensual acts committed with persons aged 13–xv, or but to acts committed in their presence without their involvement.
Article 354 proscribes 3 months to 2 years' imprisonment for sexual relations with a fellow member of the same sex, thus making homosexuality illegal.[13] Penalties are aggravated if a person involved is under 18 (Article 360).
Finally, Article 363 criminalizes anyone who excites, promotes, or facilitates the "debauchery" of anyone below the age of civil majority, which is 21 years in Chad.[xiv]
Comoros [edit]
The historic period of consent in the Comoros is xv.
Article 318 of the penal code punishes whatever indecent assault (or attempt) confronting the person of a child of either sex under historic period 15.
Homosexuality is illegal.[15]
Côte d'Ivoire [edit]
The minimum age of heterosexual consent in Côte d'Ivoire is xv, regardless of gender.[sixteen]
This is specified in penal code article 356, which states that an indecent act against a person under xv—without violence or compulsion—will be penalized with 1–3 years' imprisonment.
However, there is also a law (article 337) that forbids "facilitating the abuse or debauchery of youth of either sex below the age of 18 years". What specific acts would run afoul of this law, and under what circumstances, are unclear. It is included in a section of violations against public morality alongside pimping, solicitation, and prostitution offenses.
Democratic Republic of the Congo [edit]
The historic period of consent in the Congo-kinshasa is 18, regardless of gender. This was established by the Constabulary Relative to Sexual Violence (2006) and the Child Protection Act (2009).[17]
Djibouti [edit]
The age of consent is 15, but charges can also be applied to those aged fifteen–17 if the act "corrupts" or "incites the pocket-sized to debauchery".
Although Djiboutian police force establishes that parties to a marriage should exist 18 or over, in that location is an exemption in cases where minors may marry with the consent of their guardians. In 2007, xiii.6% of married women under the age of 50 married before the age of 18.[18]
There are 3 sections in the 1995 penal code that announced relevant.
Article 464 deals with sexual assault on a person nether age xv without violence or coercion, which sets a strict minimum age of xv.
Article 466 pertains to sexual assault on a pocket-size over 15. However, this department simply applies to guardians, people in a position of authorisation over the victim, or a person who abuses the authority conferred on him by his functions.
Article 162 refers to inciting to debauchery or promoting the corruption of a modest in organizing meetings involving sexual exhibitions or relations in which the minor participates or attends. This accuse could be applied to those who engage in sex with minors anile fifteen–17, though the requirements for "organizing meetings" are not specified.[19]
A new penal code was published in 2011, but the historic period of consent was unchanged from 15.[20]
Egypt [edit]
The age of consent in Egypt is 18 years, for heterosexual males and females. This is outlined in commodity 269 of the penal code.[21]
Sex work is illegal and the sex activity work law has been used confronting male and female person homosexuals.[22]
Equatorial Guinea [edit]
The age of consent is xviii regardless of sexual orientation and/or gender.[23]
Eritrea [edit]
The age of consent in Eritrea appears to be 18, equally stipulated by Article 305 of the 2015 penal code, "Sexual outrage on minors betwixt 15 and eighteen years of age". This article states that sexual acts with minors of this age is a petty offense punishable by half dozen–12 months' imprisonment.
Article 311 Consent to Sexual Carry (1) states that when an accused is charged with an offense nether the chapter (affiliate three: sexual offenses, which spans manufactures 303–311) pertaining to a victim under 15 years, it shall not be a defence that the victim consented, unless the accused is too nether historic period xv and no more than i year older than that person.
Commodity 311 (three) goes on to state that consent shall not be a defense to charges under articles 309 (homosexuality) or 310 (incest).
Charges pertaining to Article 305 are non mentioned, so it is unclear whether consent may be an affirmative defense to a charge pertaining to minors anile 15–17.[24]
Eswatini [edit]
The historic period of consent is xviii, updated as of the SODV (sexual offenses and domestic violence) Human activity of 2018.
Part Ii General Sexual Offenses
Nether the offense of rape, three(c) states that an unlawful sexual act includes that which is committed against "a person who is incapable in law of affectionate the nature of the act"
6(eastward) lists one of the conditions that would render a person incapable as; "a person below the historic period of 18 years"[25]
Ethiopia [edit]
The minimum age for consensual sex is 18 years, as specified in Article 626 of the 2004 Criminal Code—sexual outrages on pocket-size's between 13 and 18 years. Sexual intercourse is punishable with "rigorous imprisonment" for three–15 years.[26]
The police force, however, is not effectively enforced; virtually xx% of girls are married past the age of fifteen. Early childhood marriage is especially mutual in rural areas, where some girls are married as young as 7 years old.[27]
French territories [edit]
The historic period of consent in Mayotte, Reunion and the French southern territories is xv every bit they are under French sovereignty.
Gabon [edit]
The minimum age of consent in Gabonese republic is 15 for heterosexual activity and 21 for homosexual activity.[28]
Charges can even so apply in certain heterosexual situations involving minors aged 15–17.
Article 258 of the Penal Code (most recently amended in 1969) states that indecent assault without violence on a person nether 15 years volition be punished with 3–6 years' imprisonment. Whoever commits an indecent deed or human action against nature on a person of the aforementioned sex and under 21 years shall be imprisoned for 1–3 years.
Article 263 prescribes 1–v years' imprisonment for anyone who "habitually" incites, promotes, or facilitates debauchery or corruption of persons of either sex below age 18. The diction of this article requires multiple acts for a crime to have taken identify.
Punishments for other offenses (assault, rape, etc) are aggravated if the victim is younger than 15.
Gambia [edit]
The age of consent is 18 for females.
Sexual Offenses Act of 2013, section five: Defilement of a girl betwixt the ages 16 and 18;
A person who unlawfully has carnal cognition of a girl between the ages of xvi and xviii commits an offence and is liable on confidence to imprisonment not exceeding vii years.[29]
It is a defense if the offender had a reasonable belief that the daughter in question was 18 or older.
The legal historic period for non-penetrative sexual contact may be xvi. Section 5 requires "carnal knowledge", but department 3 (rape) applies to "sexual acts", which are defined much more than broadly and include "any form of genital stimulation", committed confronting those under historic period 16.
Section 5 also only applies to female person victims, setting the age of consent for males at 16.[30]
Ghana [edit]
The age of consent is 16, established in Section 101 (defilement of a kid nether 16 years of age) of the 1960 Criminal Code.[31]
Guinea [edit]
The historic period of consent is 16.
Article 272 of the penal code states that any indecent deed committed without violence against a child of either sex under age 16 is punishable by imprisonment for 3–x years.
The same punishment applies to indecent acts against minors anile 16–17 if they are committed by an ascendant and the small is not emancipated by marriage.
Article 355 criminalizes anyone who "habitually" offends against morals past inciting debauchery or promoting the abuse of minors.[32]
Guinea-Bissau [edit]
As of the 1993 Penal Code, the minimum age of consent appears to exist 12 regardless of sexual orientation and/or gender.
Even so, additional protections are in identify for those under xvi years of historic period. Article 134 of the code states (approximate translation) that those who practice copulation with females older than 12 only younger than 16 by "taking advantage of their inexperience" are guilty of sexual corruption, punishable past 2 to viii years' imprisonment, or 1 to 5 years for "significant sexual acts" with males or females not amounting to copulation. The article besides applies to anyone who takes advantage of a person'south temporary or permanent physical or mental damage, but that clause applies regardless of the victim'due south age.
The third and final paragraph states that if the amanuensis—WITHOUT resorting to violence, serious threat or compulsion (the presence of any of those conditions could be charged equally rape under Article 133)—engages in copulation or a significant sexual act with a female person, or the latter with a male person person, 12 years of age or less, it is presumed, until information technology is well founded, that he has taken advantage of the victim's incapacity for sexual determination and is punishable past imprisonment of between two and ten years.[33]
Kenya [edit]
The historic period of consent in Kenya is 18 years, as children are defined under eighteen and are non able to give consent.[34] [35] Wedlock is not possible beneath the age of 18, the law is articulate about this.[36] Homosexuality in Kenya is illegal.[37]
Lesotho [edit]
The age of consent is xviii years, regardless of sexual orientation and/or gender.
This is confirmed by manufactures 48 (indecency with children) and 49 (unlawful sexual intercourse with children) of the Penal Lawmaking Act, 2010. A kid is divers past the code as anyone under historic period 18, and both articles specify that consent is irrelevant.[38]
Liberia [edit]
The age of consent in Republic of liberia is eighteen, if the offender is 18 or above.[39] Statutory rape is a first-caste rape offense which carries a maximum sentence of life imprisonment. The historic period of consent was raised to eighteen, from 16, in 2009.[forty] [41]
Homosexuality is illegal (penal lawmaking 14.74 Voluntary Sodomy).
14.75 Corruption of Minors specifies a 5-twelvemonth "close in age" exception for sexual intercourse when the minor is nether age 16, but this would be superseded past the revised rape statute for offenses on or subsequently Jan 16, 2006 (when the older person is at least 18 years of age).
The age of consent for non-penetrative sexual contact is 16, with the same 5-yr exception;
14.77 Sexual Assail A person who knowingly has sexual contact with another person or causes such other to accept sexual contact with him or her, when they are not married to each other has committed a second degree misdemeanor if...
(C) the other person is less than 12 years of age, provided the histrion is sixteen years of age or older...
(G) the other person is less than 16 years of age and the player is at least 5 years older than the other person
Libya [edit]
During the Gaddafi authorities, the regular age of consent was 18, simply xvi-yr-sometime girls could be married as long the parents consented. Pre-marital sexual activity was illegal.
Later on the 2011 revolution, the historic period of consent limit was removed. Presently, at that place is no defined age of consent, although sex is not allowed exterior of matrimony.[42] Notwithstanding, the law is practically never enforced due to the Libyan Civil War.
Madagascar [edit]
Age of consent is fifteen years, according to article 331 in the Criminal Constabulary. In sure cases, including relatives and homosexuals, it is 21 years.[43]
Malawi [edit]
The age of consent is 16 regardless of sexual orientation and/or gender.[44]
Information technology was raised from 13 to 16 via an Amendment to the penal lawmaking in 2011. The relevant manufactures are 138 (dealing with sexual intercourse) and 160 (any other sexual contact).[45]
Mali [edit]
The historic period of consent is fifteen regardless of sexual orientation and/or gender.
Article 225 of the updated 2001 Penal Code states that indecent assault committed confronting a child nether historic period 15 without violence is punishable by 5–10 years' imprisonment.
Indecent acts with minors at to the lowest degree 15 but under 21 without violence are illegal if the offender is an ascendant, a person in a position of dominance (such as an employer), or a person responsible for instruction or supervision.[46]
Mauritania [edit]
The age of consent is 18.
Code of Judicial Protection of Children, 2005
Article 1: For the purposes of this Ordinance, every human beingness nether eighteen years is a child and shall exist registered immediately afterward nativity
Article 26: Sexual attack other than rape is punishable past two to 4 years' imprisonment and 120,000 to 160,000 ouguiyas fine when committed against a child.
Acts of sexual touching of any nature whatsoever, committed against a kid constitutes the crime of pedophilia and sentenced to 5 years' imprisonment and a fine of 200,000 ouguiyas.[xx]
Notwithstanding, under section 306 of the Legal Code, any act that violates Islamic morality is illegal, but a clear definition of morality does not exist in the country's laws, and then it is very open to interpretation by local officials as to what is moral and what is not. Thus, many acts surrounding the historic period of consent could be considered illegal. The same article punishes any "indecent assault" with penalties of 1 month to 2 years' imprisonment, just indecent set on is non clearly divers either.[47]
Section 307 (zina) criminalizes all premarital sex, but information technology merely applies to Muslims.[48]
Mauritius [edit]
The age of consent in Mauritius is xvi regardless of sexual orientation and/or gender.
Article 249 'Rape, attempt upon chastity and illegal sexual intercourse' of the Penal Lawmaking:[49]
(...) Whatsoever person who has sexual intercourse with a female 'nether the age of sixteen (xvi), even with consent, shall exist liable to penal servitude non exceeding ten (x) years.
Madeira (Portugal) [edit]
The age of consent in Madeira is xiv years, regardless of sexual orientation and/or gender, equally it is under Portuguese sovereignty.
Morocco [edit]
Premarital sexual activity is illegal in Kingdom of morocco, with punishment of 1 calendar month to 1 year'due south imprisonment (Penal Code Article 490).
The legal age for matrimony is eighteen, and Art. 484 of the Penal Code provides harsher penalties (ii–5 years) for committing sexual acts without violence on a victim younger than xviii.[50] [51] [52]
Mozambique [edit]
The age of consent is sixteen regardless of sexual orientation and/or gender.[53]
Namibia [edit]
The age of consent is 16 for girls.
'Sexual offences with girls nether sixteen (16) years', Section 14 of the 'Combating of Immoral Practices Deed 1980'
'(1) Whatever male who
a) has or attempts to have unlawful lecherous intercourse with a daughter under the age of sixteen (16) years; or
b) commits or attempts to commit with such a girl an immoral or indecent human action;
c) solicits or entices such a girl to the commission of an immoral or indecent human activity, -shall be guilty of an offence and liable on conviction to imprisonment for a period non exceeding half-dozen years with or without a fine non exceeding three thousand rand in addition to such imprisonment.
(2) It shall be a sufficient defence to any charge in terms of this section if it appears to the court:
a) that the daughter at the time of the committee of the offence was a prostitute, that the person and so charged was at the said time under the age of twenty-i (21) years and that it is the starting time occasion on which he is so charged; or
b) that the person who charged was at the said time under the historic period of sixteen (16) years; and
c) that the girl or person in whose charge she was, deceived the person so charged into believing that she was over the age of sixteen (16) years at the said time.'[54]
Niger [edit]
In Niger, the age of consent is 13 years.[55]
This is specified by Article 278 of the penal code.
Article 293 prohibits anyone from "habitually exciting, promoting, or facilitating the debauchery or corruption of the youth of either sex activity under 21 years". This article is listed forth with other articles relating to prostitution offenses, and information technology is unclear what circumstances would be considered "immoderacy".[56]
Nigeria [edit]
The age of consent is xviii, as established by the Child's Rights Human action of 2003.[57]
Homosexuality is illegal.
Congo-brazzaville [edit]
The historic period of consent in the Democracy of the Congo is 18 regardless of sexual orientation and/or gender. Sexual practice with a minor is punishable by upwardly to v years in prison house and a fine of x,000,000 CFA.[58]
Rwanda [edit]
The age of consent in Rwanda is eighteen years, regardless of sexual orientation and/or gender.[22]
Sahrawi Arab Democratic Commonwealth [edit]
The age of consent in the Sahrawi Arab Democratic Republic is 13 regardless of sexual orientation and/or gender.[59]
São Tomé and Príncipe [edit]
The age of consent in São Tomé and Príncipe is fourteen years, regardless of sexual orientation and/or gender.[60]
This is specified in article 175 of the Penal Lawmaking. Article 177 prohibits sexual practice with xiv- and 15-year-olds if access is gained past "abusing his/her inexperience", while Article 178 establishes the historic period of consent for homosexual sex to be 16.[61]
Senegal [edit]
The age of consent in Senegal is 16 (Commodity 320 deals with children under 16; Article 319 deals with children nether xiii). Homosexual sex activity is illegal.[62]
Seychelles [edit]
The age of consent is fifteen regardless of gender. Homosexual acts may be illegal under commodity 151 of the penal lawmaking (Unnatural Offences). The legislation reads as follows:
CHAPTER Fifteen – Offences Confronting Morality
Sexual attack
130. (ane) A person who sexually assaults another person is guilty of an offence and liable to imprisonment for 20 years:
Provided that where the victim of such assail is under the age of 15 years and the accused is of or above the age of 18 years and such assault falls under subsection (2)(c) or (d), the person shall exist liable to imprisonment for a term not less than fourteen years and non more than xx years:
Provided also that if the person is bedevilled of a like offence within a period of x years from the appointment of the first conviction the person shall exist liable to imprisonment for a period non less than 28 years:
Provided further that where information technology is the second or a subsequent confidence of the person for an assault referred to in subsection (ii)(d) on a victim under xv years within a period of ten years from the appointment of the conviction, the person shall be liable to imprisonment for life.
(2) For the purposes of this department "sexual assault" includes:
(a) an indecent assault;
(b) the non-adventitious touching of the sexual organ of some other;
(c) the non-adventitious touching of another with i's sexual organ, or
(d) the penetration of a body orifice of another for a sexual purpose.
(3) A person does not consent to an act which if done without consent constitutes an assault nether this section if-
(a) the person's consent was obtained by misrepresentation every bit to the character of the human activity of the identity of the person doing the act;
(b) the person is below the age of fifteen years; or
(c) the person'south understanding and knowledge are such that the person was incapable of giving consent.
Sexual interference with a child
135. (one) A person who commits an act of indecency towards another person who is under the historic period of fifteen years is guilty of an offence and liable to imprisonment for 20 years:
...(2) A person is not guilty of an offence under this section if at the time of the offence the victim of the act of indecency was-
(a) xiv years old or older and the accused had reasonable basis to believe that the victim was over 15 years old; or
(b) the spouse of the accused.
Section 135 amended by Act 5 of 2012 with effect from 6 Baronial 2012.[63]
According to the U.Due south. State Section, the Seychelles age of consent is "traditionally understood" to be 15 but that the country's statutes "fail to clearly define the ages of consent and legal majority"; according to the State Department this causes confusion in regards to the "traditionally understood" historic period of consent and the age of majority of 18 and therefore complicates enforcement of the police.[64]
Sierra Leone [edit]
The age of consent is 18 regardless of sexual orientation and/or gender, under the Sexual Offenses Act 2012.[65]
Sexual Offenses Act 2012 text
Somalia [edit]
Article 29 of the national constitution of Somalia defines a kid every bit any individual nether the age of 18, and stipulates that "every child has the right to be protected from mistreatment, neglect, abuse, or deposition.[66] Homosexual sex is illegal.[67]
The Sexual Offenses Bill (2018) amended the existing penal lawmaking and established the age of consent to be xviii years.[68]
South Africa [edit]
The age of consent in Due south Africa is 16 regardless of sexual orientation and/or gender, equally specified by sections 15 and 16 of the Criminal Police force (Sexual Offences and Related Matters) Amendment Act, 2007. Section 15 ("statutory rape") prohibits the commission of "an human action of sexual penetration with a kid who is 12 years of age or older but under the historic period of sixteen years", while section sixteen ("statutory sexual set on") prohibits the commission of "an act of sexual violation with a kid who is 12 years of age or older but under the age of xvi years".[69] The law includes a close-in-age exception, so that sexual acts between two children where both are between 12 and 16, or where one is under 16 and the other is less than two years older, are not criminal.[69] Children under the age of 12 are conclusively presumed past the law to be incapable of consenting, then a sexual act with a child under that historic period constitutes rape or sexual set on.[70]
History [edit]
Under the Roman-Dutch common law there was a conclusive presumption that girls nether the age of 12 were unable to consent to sexual intercourse.[71] This presumption can exist traced back to the "old regime" of the seventeenth century.[72]
The Girls' and Mentally Defective Women's Protection Human activity, 1916, which replaced the differing age of consent laws of the four colonies that formed the Union of South Africa, criminalised sexual intercourse between a homo and a girl under the age of xvi unless they were married. This deed was replaced by a similar prohibition in section 14 of the Immorality Act, 1957. Although sex between men was already illegal, prohibited by the mutual law every bit "sodomy" or "unnatural sexual acts", the Immorality Human activity as well criminalised sexual intercourse between a human being and a boy under sixteen.
The Immorality Amendment Human activity, 1969, which was enacted in response to a national moral panic over homosexuality, raised to 19 the age below which the Immorality Deed prohibited sexual practice between males. The Immorality Amendment Human action, 1988 inserted mirror provisions applying to women, prohibiting intercourse betwixt a adult female and a boy under 16 or a girl under 19. Information technology as well renamed the Immorality Human action to the Sexual Offences Deed, 1957.
The Acting Constitution, which came into force in 1994, prohibited discrimination on the footing of sexual orientation, equally does the final Constitution which replaced in 1997. As a result, the Constitutional Court struck down the laws prohibiting homosexual sex in the 1998 case of National Coalition for Gay and Lesbian Equality v Government minister of Justice. That example did not, still, address the difference between the heterosexual and homosexual ages of consent in section 14 of the Sexual Offences Human activity.
In the Criminal Law (Sexual Offences and Related Matters) Amendment Human action, 2007, Parliament reformed and codified the police on sexual offences and made it gender-neutral. The common-police force presumption relating to girls under 12 was replaced by a general presumption that children nether 12 cannot consent. The deed too fixed the age of consent at sixteen for all sexual acts. In the 2008 case of Geldenhuys v National Director of Public Prosecutions, the Constitutional Court held that the quondam difference in the ages of consent had been unconstitutional.[73]
South Sudan [edit]
The age of consent in South Sudan is 18.[74] [75] [76] [77]
Spanish territories [edit]
The age of consent in the Canary Islands, Ceuta, Melilla and the plazas de soberanía is xvi regardless of sexual orientation and/or gender, as of ane July 2015,[78] equally they are under Castilian sovereignty.
Saint Helena, Ascension and Tristan da Cunha (United kingdom) [edit]
Historic period of sexual consent is 16, regardless of sexual orientation and/or gender.
Sudan [edit]
Intercourse outside of marriage is confronting the constabulary in Sudan.[79]
Tanzania [edit]
The age of consent is eighteen in Tanzania, every bit specified in article 130 of the penal code.[80]
Togo [edit]
As of the 2015 penal code, the age of consent in Togo is considered to be 15.[81]
Art. 224: paedophilia is any sexual intercourse or touching, of any kind, committed past a person over the age of majority, without fraud, threats, compulsion or violence, against a child under the age of fifteen (15) years, or whatever exhibition or exploitation for commercial or tourist purposes of photographs, images and sound obtained past any technical process, pornographic films or drawings depicting one or more children under the age of xv (15) years.
Article 389 increases the penalties for indecent assault when committed confronting a child, but does non specify any particular age at which consent is negated.
Art. 389: anyone guilty of indecent assail shall be punished by imprisonment of one (1) to 3 (three) years and a fine of one million (ane,000,000) to three one thousand thousand (three,000,000) CFA francs or both.
Indecent assault on a child shall be punishable past a term of imprisonment of between three (iii) and five (five) years and a fine of between three million and v 1000000 CFA francs. If the indecent assault was committed with violence or threats against the person of a kid, the penalties are five (5) to ten (10) years of rigorous imprisonment and a fine of two meg (2 million) to ten million (10 meg) CFA francs
Tunisia [edit]
The age of consent in Tunisia is 18 [82] [83]
Law 58 (the elimination of violence confronting women), which came into result in 2018, raised the age threshold for rape charges nether penal code commodity 227 from xiii to 16 years. A child younger than 16 is considered automatically incapable of consent.
Notwithstanding, Article 227 bis was also amended, and now prescribes v years' imprisonment for a sexual deed committed on a modest between 16 and 18 years of age (whereas it previously applied to anyone anile 15–20).
Consent does not appear to be a defense; the punishment is but reduced if the pocket-size is at least 16 years of age.
Commodity 230 criminalizes sodomy.
Republic of uganda [edit]
The historic period of consent in Republic of uganda is xviii years, for vaginal intercourse.[84] [85] "Heterosexual sodomy" (anal and/or oral sex with an opposite-sex partner) and all same-sex sexual deport was illegal until January 2014 when President Museveni blocked the anti-gay law.
Zambia [edit]
The historic period of consent for intercourse ("carnal knowledge") is 16, per article 138 of the penal code.[86]
Commodity 137 reads in function as follows:
(one) Any person who unlawfully and indecently assaults any woman or girl is guilty of a felony and is liable to imprisonment for fourteen years. (two) It shall be no defense force to a accuse for an indecent assault on a girl under the age of twelve years to evidence that she consented to the human activity of indecency: Provided that it shall exist a sufficient defence to any charge under this subsection if information technology shall be made to appear to the court before whom the accuse shall be brought that the person so charged had reasonable cause to believe, and did in fact believe, that the girl was of or above the historic period of twelve years.[87]
Zimbabwe [edit]
The age of consent is sixteen.[88]
All male same-sex hand-belongings and/or male same-sex sexual conduct tin can lead to one yr'due south imprisonment.[ citation needed ] Same-sexual practice hand-property is illegal.[89]
Before that under the Rhodesian dominion, the age of consent was 12 years, and so it was raised to 16 since 2015.[90]
Encounter besides [edit]
- Age of consent
- Historic period of consent reform
- Ages of consent in Asia
- Ages of consent in Europe
- Ages of consent in Oceania
- Ages of consent in North America
- Ages of consent in South America
- Sex activity teaching
- Comprehensive sex educational activity
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Source: https://en.wikipedia.org/wiki/Ages_of_consent_in_Africa
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