age of consent in africa

Sexual Offenses Act of 2013, section 5: Defilement of a girl between the ages 16 and 18; A person who unlawfully has carnal knowledge of a girl between the ages of 16 and 18 commits an offence and is liable on conviction to imprisonment not exceeding 7 years.[28]. The act also fixed the age of consent at 16 for all sexual acts. An additional concern—and the reason for the question mark above—is that the original French version of the text lists the age of persons who may not be corrupted as those "under 21" (the age of majority in Cameroon), but the English version lists the age as "under 18". The age of consent in Eritrea appears to be 18, as stipulated by Article 305 of the 2015 penal code, "Sexual outrage on minors between 15 and 18 years of age". [84][85] "Heterosexual sodomy" (anal and/or oral sex with an opposite-sex partner) and all same-sex sexual conduct was illegal until January 2014 when President Museveni blocked the anti-gay law. The Immorality Amendment Act, 1969, which was enacted in response to a national moral panic over homosexuality, raised to 19 the age below which the Immorality Act prohibited sex between males. [25], The law, however, is not effectively enforced; nearly 20% of girls are married by the age of 15. MINIMUM AGE OF MARRIAGE IN AFRICA Algeria 19 years Family Code, 2005 Article 7: A marriage is deemed valid if both the male and female are 19 years of age. This is confirmed by articles 48 (indecency with children) and 49 (unlawful sexual intercourse with children) of the Penal Code Act, 2010. [citation needed] Same-sex hand-holding is illegal. Article 263 prescribes 1–5 years' imprisonment for anyone who "habitually" incites, promotes, or facilitates debauchery or corruption of persons of either sex below age 18. This article states that sexual acts with minors of this age is a petty offense punishable by 6–12 months' imprisonment. (d) the penetration of a body orifice of another for a sexual purpose. Consent to Medical Treatment in South Africa: An MPS Guide. The age of consent in the Philippines stirs controversy. (a) the person's consent was obtained by misrepresentation as to the character of the act of the identity of the person doing the act; (b) the person is below the age of fifteen years; or. Article 134 of the code states (approximate translation) that those who practice copulation with females older than 12 but younger than 16 by "taking advantage of their inexperience" are guilty of sexual abuse, punishable by 2 to 8 years' imprisonment, or 1 to 5 years for "significant sexual acts" with males or [68], The age of consent in South Africa is 16 regardless of sexual orientation and/or gender, as specified by sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. The age of consent is 18, updated as of the SODV (sexual offenses and domestic violence) Act of 2018. The age of consent in Cape Verde is 14 regardless of sexual orientation and/or gender, with partial protections for those under age 16.[11]. The specific activity engaged in or the gender of its participants can also affect this age and the legality of sexual activity. The third and final paragraph states that if the agent—WITHOUT resorting to violence, serious threat or coercion (the presence of any of those conditions could be charged as rape under Article 133)—engages in copulation or a significant sexual act with a female person, or the latter with a male person, 12 years of age or less, it is presumed, until it is well founded, that he has taken advantage of the victim's incapacity for sexual determination and is punishable by imprisonment of between two and ten years. This is specified by Article 278 of the penal code. Consent does not appear to be a defense; the punishment is simply reduced if the minor is at least 16 years of age. The age of consent in Angola is 14 but sexual activity with persons under 16 is prohibited if it "takes advantage of their inexperience or a situation of particular need". 389: anyone guilty of indecent assault shall be punished by imprisonment of one (1) to three (3) years and a fine of one million (1,000,000) to three million (3,000,000) CFA francs or both. Competent adult patients can refuse to consent to treatment or withdraw their consent once given. Although sex between men was already illegal, prohibited by the common law as "sodomy" or "unnatural sexual acts", the Immorality Act also criminalised sexual intercourse between a man and a boy under sixteen. [1], "Heterosexual Sodomy" (anal and/or oral sex with an opposite-sex partner) is illegal, Article 388 of the Penal Code. b) commits or attempts to commit with such a girl an immoral or indecent act; c) solicits or entices such a girl to the commission of an immoral or indecent act, -shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding six years with or without a fine not exceeding three thousand rand in addition to such imprisonment. This appears subjective as to what acts, in what situations, may be considered to encourage debauchery or corruption (when involving minors aged 16 or above). Age of sexual consent is 16, regardless of sexual orientation and/or gender. The age of consent is 18 years, regardless of sexual orientation and/or gender. The legislation reads as follows: 130. The minimum age of heterosexual consent in Côte d'Ivoire is 15, regardless of gender.[16]. Until the new act for Criminal Law (Sexual offenses and related matters) Act 32 of 2007came into effect on 16 December 2007, South Africa’s legal age of consent was much more confusing and complicated. [60], The age of consent in São Tomé and Príncipe is 14 years, regardless of sexual orientation and/or gender.[61]. If married, the legal age is now 15. Boys under the age of 14 and girls under the age of 12 may under no circumstances get married. Retrieved 2020-11-17..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output .citation q{quotes:"\"""\"""'""'"}.mw-parser-output .id-lock-free a,.mw-parser-output .citation .cs1-lock-free a{background:linear-gradient(transparent,transparent),url("//upload.wikimedia.org/wikipedia/commons/6/65/Lock-green.svg")right 0.1em center/9px no-repeat}.mw-parser-output .id-lock-limited a,.mw-parser-output .id-lock-registration a,.mw-parser-output .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration a{background:linear-gradient(transparent,transparent),url("//upload.wikimedia.org/wikipedia/commons/d/d6/Lock-gray-alt-2.svg")right 0.1em center/9px no-repeat}.mw-parser-output .id-lock-subscription a,.mw-parser-output .citation .cs1-lock-subscription a{background:linear-gradient(transparent,transparent),url("//upload.wikimedia.org/wikipedia/commons/a/aa/Lock-red-alt-2.svg")right 0.1em center/9px no-repeat}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-ws-icon a{background:linear-gradient(transparent,transparent),url("//upload.wikimedia.org/wikipedia/commons/4/4c/Wikisource-logo.svg")right 0.1em center/12px no-repeat}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:none;padding:inherit}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-maint{display:none;color:#33aa33;margin-left:0.3em}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}.mw-parser-output .citation .mw-selflink{font-weight:inherit}>, Sex work is illegal and the sex work law has been used against male and female homosexuals. The age of consent is equally set at 18 regardless of gender. It ranges from age 12 in Angola to age 18. Presently, there is no defined age of consent, although sex is not allowed outside of marriage. Homosexual acts may be illegal under article 151 of the penal code (Unnatural Offences). Sex with a minor is punishable by up to 5 years in prison and a fine of 10,000,000 CFA. EXECUTIVE SUMMARY In South Africa the age of sexual consent is 16 years and Sexual intercourse with a person under the age of 12 years is illegal. The Tanzania guidelines for ethical clearance state that anyone below the age of 18 can only participate in research if a parent or guardian consents for their participation, and the concept of an emancipated minor may not be legally recognized. There are 3 sections in the 1995 penal code that appear relevant. It also renamed the Immorality Act to the Sexual Offences Act, 1957. The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. [86], (1) Any person who unlawfully and indecently assaults any woman or girl is guilty of a felony and is liable to imprisonment for fourteen years. (...) Any person who has sexual intercourse with a female 'under the age of sixteen (16), even with consent, shall be liable to penal servitude not exceeding ten (10) years. [46], Section 307 (zina) criminalizes all premarital sex, but it only applies to Muslims.[47]. However, the judge may grant an exemption for reasons based on age in instances of necessity or when the eligibility of marriage between the two parties is established. years of age...". There are a total of 26 countries that have 15 years as their minimum legal phase of consensus. All rights reserved. [3], A new penal code was passed in January 2019, but these articles appear to be unchanged.[4]. Premarital sex is illegal in Morocco, with punishment of 1 month to 1 year's imprisonment (Penal Code Article 490). Art. 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. In 2017 however, Tunisia raised the age of consent from 13 to 16. However, there is also a law (article 337) that forbids "facilitating the corruption or debauchery of youth of either sex below the age of 18 years". A child is defined by the code as anyone under age 18, and both articles specify that consent is irrelevant. [87], All male same-sex hand-holding and/or male same-sex sexual conduct can lead to one year's imprisonment. Punishments for other offenses (assault, rape, etc) are aggravated if the victim is younger than 15. HIV testing rate had a stronger association with lower age of consent among females than males. Article 225 of the updated 2001 Penal Code states that indecent assault committed against a child under age 15 without violence is punishable by 5–10 years' imprisonment. The French wording of the article ("un outrage a la pudeur") can also be translated to indecent exposure, so it is not entirely clear from the text alone whether this applies to consensual acts committed with persons aged 13–15, or simply to acts committed in their presence without their involvement. [8] However, under Article 567, homosexual acts (both men and women) carry a fine of up to 100,000 Burundian francs and up to 3 years' imprisonment. The specific activity engaged in or the gender of its participants can also be affected by the law. In the 2008 case of Geldenhuys v National Director of Public Prosecutions, the Constitutional Court held that the former difference in the ages of consent had been unconstitutional. By law, having sex with a person who is younger than the age of consent is regarded as rape. Below is a discussion of the various laws dealing with this subject. This is established in the Penal Code under chapter 5, Article 86 (any indecent assault or attempt without violence). [70], Under the Roman-Dutch common law there was a conclusive presumption that girls under the age of 12 were unable to consent to sexual intercourse. Child Marriages: The Legal Minimum Age. The age of consent in the Canary Islands, Ceuta, Melilla and the plazas de soberanía is 16 regardless of sexual orientation and/or gender, as of 1 July 2015,[78] as they are under Spanish sovereignty. The common-law presumption relating to girls under 12 was replaced by a general presumption that children under 12 cannot consent. Article 466 pertains to sexual assault on a minor over 15. Thus, many acts surrounding the age of consent could be considered illegal. The legal minimum age for marriage is 18 years for boys and 15 years for girls. Indecent acts with minors at least 15 but under 21 without violence are illegal if the offender is an ascendant, a person in a position of authority (such as an employer), or a person responsible for education or supervision. This is outlined in article 269 of the penal code. Seychelles, "Country Reports on Human Rights Practices for 2012", "The Federal Republic of Somalia - Provisional Constitution", Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, No. Myanmar. [80], As of the 2015 penal code, the age of consent in Togo is considered to be 15.[81]. As at the morning of March 12, 2020, a simple search of 'age of consent Nigeria' will still bring you the false information from ageofconsent.net that the Nigerian … assistance and consent of their parents. Click on any country in the table below for details on the local age of consent. Article 389 increases the penalties for indecent assault when committed against a child, but does not specify any particular age at which consent is negated. However, Article 227 bis was also amended/replaced, and appears to now prescribe 5 years' imprisonment for a sexual act committed on a minor between 16 and 18 years of age (whereas it previously applied to anyone aged 15–20). [45], Code of Judicial Protection of Children, 2005, Article 1: For the purposes of this Ordinance, every human being under eighteen years is a child and shall be registered immediately after birth. (3) A person does not consent to an act which if done without consent constitutes an assault under this section if-. [43], It was raised from 13 to 16 via an Amendment to the penal code in 2011. Article 318 of the penal code punishes any indecent assault (or attempt) against the person of a child of either sex under age 15. 14.75 Corruption of Minors specifies a 5-year "close in age" exception for sexual intercourse when the minor is under age 16, but this would be superseded by the revised rape statute for offenses on or after January 16, 2006 (when the older person is at least 18 years of age). (1) 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 assault 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 be liable to imprisonment for a term not less than 14 years and not more than 20 years: Provided also that if the person is convicted of a similar offence within a period of 10 years from the date of the first conviction the person shall be liable to imprisonment for a period not less than 28 years: Provided further that where it is the second or a subsequent conviction of the person for an assault referred to in subsection (2)(d) on a victim under 15 years within a period of ten years from the date of the conviction, the person shall be liable to imprisonment for life. [33][34] Marriage is not possible below the age of 18, the law is clear about this. [67], The Sexual Offenses Bill (2018) amended the existing penal code and established the age of consent to be 18 years. The full sample included 62 628 adolescents, of which 39 339 were females and 23 289 were males. Article 177 prohibits sexual activity with 14- and 15-year-olds if access is gained by "abusing his/her inexperience", while Article 178 establishes the age of consent for homosexual sex to be 16. Under the offense of rape, 3(c) states that an unlawful sexual act includes that which is committed against "a person who is incapable in law of appreciating the nature of the act", 6(e) lists one of the conditions that would render a person incapable as; "a person below the age of 18 years"[24], The minimum age for consensual sex is 18 years, as specified in Article 626 of the 2004 Criminal Code—sexual outrages on minor's between 13 and 18 years. [55], The age of consent is 18 years, as established by the Sexual Offenses Bill 2015. Article 26: Sexual assault other than rape is punishable by two to four years' imprisonment and 120,000 to 160,000 ouguiyas fine when committed against a child. A child younger than 16 is considered automatically incapable of consent. As well as all same-sex sexual conduct, Article 338, and "outrages to public decency", Article 333. (This rule originates from the Roman Dutch Law, the foundation on which the South African Family Law is built.) The age of consent is 15 regardless of gender. The age of consent in Uganda is 18 years, for vaginal intercourse. Individuals aged 19 or younger in South Korea are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law. [21], The age of consent is 18 regardless of sexual orientation and/or gender.[22]. The minimum age of consent in Gabon is 15 for heterosexual activity and 21 for homosexual activity.[27]. (2) It shall be no defence to a charge for an indecent assault on a girl under the age of twelve years to prove that she consented to the act of indecency: Provided that it shall be a sufficient defence to any charge under this subsection if it shall be made to appear to the court before whom the charge 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 age of twelve years. However, under the common law, a minor under 21 is competent to contract if they have the consent of their parents. Sexual activity with an individual 11 or under is considered statutory rape and will result in punishment as such. Although Djiboutian law establishes that parties to a marriage should be 18 or over, there is an exemption in cases where minors may marry with the consent of their guardians. (1) A person who commits an act of indecency towards another person who is under the age 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) fourteen years old or older and the accused had reasonable ground to believe that the victim was over fifteen years old; or, Section 135 amended by Act 5 of 2012 with effect from 6 August 2012. The relevant articles are 138 (dealing with sexual intercourse) and 160 (any other sexual contact).[44]. [20], The age of consent in Egypt is 18 years, for heterosexual males and females. The punishment for both the first two activities with those under 19 years of age is more severe for the older participant.[2]. The age of consent is 15, but charges can also be applied to those aged 15–17 if the act "corrupts" or "incites the minor to debauchery". 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 Minister of Justice. The age of consent in Africa for sexual activity varies by jurisdiction across the continent. The age of consent is the age at which a person can legally consent to have sexual intercourse. Section 533-4 of the penal code criminalizes "indecent assaults" against minors at least 15 but less than 18. The age of consent in Myanmar is 16. This charge could be applied to those who engage in sexual activity with minors aged 15–17, though the requirements for "organizing meetings" are not specified. The below is a list of all jurisdictions in Africa as listed in list of sovereign states and dependent territories in Africa. These laws are covered under articles 179 and 180 of the penal code—sexual abuse of a minor under 14, and sexual abuse of a minor under 16. What specific acts would run afoul of this law, and under what circumstances, are unclear. Article 464 deals with sexual assault on a person under age 15 without violence or coercion, which sets a strict minimum age of 15. Article 272 of the penal code states that any indecent act committed without violence against a child of either sex under age 16 is punishable by imprisonment for 3–10 years. [37], The age of consent in Liberia is 18, if the offender is 18 or above. If the indecent assault was committed with violence or threats against the person of a child, the penalties are five (5) to ten (10) years of rigorous imprisonment and a fine of two million (2 million) to ten million (10 million) CFA francs, The age of consent in Tunisia appears to be 18.[82][83]. [63], According to the U.S. State Department, 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" age of consent and the age of majority of 18 and therefore complicates enforcement of the law. Nepal. [13] Penalties are aggravated if a person involved is under 18 (Article 360). In some countries, the age of consent is gender specific. However, article 344 of the same code states; "Whoever, in order to satisfy the desires of another person, habitually excites, encourages or facilitates the debauch or corruption of any person under (?) As listed in list of sovereign states and dependent territories in Africa for sexual activity varies by jurisdiction the! It also renamed the Immorality act to the `` old authorities '' the. 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