[49][50][51], The age of consent is 16 regardless of sexual orientation and/or gender. In the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, Parliament reformed and codified the law on sexual offences and made it gender-neutral. The age of consent is 15 regardless of sexual orientation and/or gender. The lowest age of consent in Africa is open-ended, due to marriage laws, and the highest age of consent in Africa is 18. [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. Age of consent is 14 years, according to article 331 in the Criminal Law. However, additional protections are in place for those under 16 years of age. The age of consent is 18, updated as of the SODV (sexual offenses and domestic violence) Act of 2018. Furthermore, South African law states that no child under the age of 12 can consent to sex, and therefore, sex with a pre-teen is rape or sexual assault. The age of consent in Algeria is 16 for vaginal intercourse, as specified in Article 334 of the penal code. [35] Homosexuality in Kenya is illegal.[36]. "We are saying children at the age of 16 can consent to sexual activities, yet, contrary to that it says, when they are under 18, they cannot marry, so there is a contradiction. [21], The age of consent is 18 regardless of sexual orientation and/or gender.[22]. Article 354 proscribes 3 months to 2 years' imprisonment for sexual relations with a member of the same sex, thus making homosexuality illegal. assistance and consent of their parents. This act was replaced by a similar prohibition in section 14 of the Immorality Act, 1957. The below is a list of all jurisdictions in Africa as listed in list of sovereign states and dependent territories in Africa. 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 (?) [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. That case did not, however, address the difference between the heterosexual and homosexual ages of consent in section 14 of the Sexual Offences Act. [7], Under the new Penal Code of 2009 (in French), the age of consent in Burundi for heterosexuals (both men and women) is 18 years. 5 of 2015, "Legal guide to age thresholds for children and young people", "Teachers dismissed over schoolgirl pregnancies in Rumbek", "MP calls for legal minimum age of marriage", "Sudan Age of Consent & Statutory Rape Laws", "مشروع قانون أساسي عدد 2016/60 يتعلق بالقضاء على العنف ضد المرأة | مرصد مجلس", "Tunisia's New Protections for Women: A Legislative Revolution and Missed Opportunity", "Uganda: Time to Lower Country's Age of Consent", "Zimbabwe row over age of consent after Tomana's comments", https://en.wikipedia.org/w/index.php?title=Ages_of_consent_in_Africa&oldid=989436644, Articles with dead external links from November 2020, Articles with unsourced statements from August 2016, Creative Commons Attribution-ShareAlike License, This page was last edited on 18 November 2020, at 23:51. The age of consent is equally set at 18 regardless of gender. 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. 135. 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. The article also applies to anyone who takes advantage of a person's temporary or permanent physical or mental impairment, but that clause applies regardless of the victim's age. Article 87 specifies that any indecent assault against a person younger than 15 is considered rape, and the punishment is more severe than in the previous article.[12]. By law, having sex with a person who is younger than the age of consent is regarded as rape. The age of consent for homosexual acts ("indecent acts or acts against nature") is 21.[5]. Early childhood marriage is especially common in rural areas, where some girls are married as young as 7 years old.[26]. 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". The same punishment applies to indecent acts against minors aged 16–17 if they are committed by an ascendant and the minor is not emancipated by marriage. 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). The lowest age of consent in Africa is open-ended, due to marriage laws, and the highest 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 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". The age of consent in Mongolia is 16, regardless of gender or sexual orientation. Article 466 pertains to sexual assault on a minor over 15. [25], The law, however, is not effectively enforced; nearly 20% of girls are married by the age of 15. (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. [73], The age of consent in South Sudan is 18.[74][75][76][77]. [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. 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". What specific acts would run afoul of this law, and under what circumstances, are unclear. The legal minimum age for marriage is 18 years for boys and 15 years for girls. 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. MINIMUM AGE OF SEXUAL CONSENT:INTERMNATIONAL AND REGIONAL LAWS African Charter on the Rights and Welfare of the Child, 1990 Article 27: Sexual Exploitation 1. 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. As well as all same-sex sexual conduct, Article 338, and "outrages to public decency", Article 333. The age of consent is 18, as of the Penal Code Amendment Bill 2018,[6] Homosexual relationships have been legalized as of July 2019. Charges pertaining to Article 305 are not mentioned, so it is unclear whether consent may be an affirmative defense to a charge pertaining to minors aged 15–17.[23]. 224: paedophilia is any sexual intercourse or touching, of any kind, committed by a person over the age of majority, without fraud, threats, coercion or violence, against a child under the age of fifteen (15) years, or any exhibition or exploitation for commercial or tourist purposes of photographs, images and sound obtained by any technical process, pornographic films or drawings depicting one or more children under the age of fifteen (15) years. [71] This presumption can be traced back to the "old authorities" of the seventeenth century.[72]. The patient's consent and parent's assent must be in writing and signed using Form 34. Child Marriages: The Legal Minimum Age. 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.[14]. This article is listed along with other articles relating to prostitution offenses, and it is unclear what circumstances would be considered "debauchery". [33][34] Marriage is not possible below the age of 18, the law is clear about this. Below is a discussion of the various laws dealing with this subject. The age of consent in Benin is 16 for females, per Article 3 of The Law on the Prevention and Punishment of Violence against Women. In Africa, the age of consent is the legal age at which an individual is considered mature enough to consent to sex. Article 293 prohibits anyone from "habitually exciting, promoting, or facilitating the debauchery or corruption of the youth of either sex under 21 years". Consent is not a signature on a form, but a communication process. Homosexuality is illegal (penal code 14.74 Voluntary Sodomy). [iv] This legal provision makes any sexual activities with a minor criminal, as consent is deemed to not have been given. However, under the common law, a minor under 21 is competent to contract if they have the consent of their parents. As of the 1993 Penal Code, the minimum age of consent appears to be 12 regardless of sexual orientation and/or gender. Article 464 deals with sexual assault on a person under age 15 without violence or coercion, which sets a strict minimum age of 15. However, this section only applies to guardians, people in a position of authority over the victim, or a person who abuses the authority conferred on him by his functions. The punishment for both the first two activities with those under 19 years of age is more severe for the older participant.[2]. This is confirmed by articles 48 (indecency with children) and 49 (unlawful sexual intercourse with children) of the Penal Code Act, 2010. The age of consent in Nigeria is not clearly stated in the Nigerian laws but the age of consent in Nigeria is 18, this is because Section 31 (1) and (2) of the Child’s Rights Act 2003 states that “ (1) No person, … The minimum age of consent in Gabon is 15 for heterosexual activity and 21 for homosexual activity.[27]. There are about 26 countries where the age of consent is 15 years including … Sexual activity with an individual 11 or under is considered statutory rape and will result in punishment as such. Click on any country in the table below for details on the local age of consent. Article 249 'Rape, attempt upon chastity and illegal sexual intercourse' of the Penal Code:[48]. However, for other African countries going through a similar issue, could low age of consent be to blame? Myanmar. 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. [1], "Heterosexual Sodomy" (anal and/or oral sex with an opposite-sex partner) is illegal, Article 388 of the Penal Code. The act also fixed the age of consent at 16 for all sexual acts. Article 144 of the penal code makes it illegal to engage in sexual acts with persons younger than 14. Some sources list the age of consent as 12, but article 179 appears to criminalize all sexual acts with persons under 14 (penalties are aggravated if there is penetration). www.refworld.org. [66] Homosexual sex is legal. Competent adult patients can refuse to consent to treatment or withdraw their consent once given. The age of consent in Mauritius is 16 regardless of sexual orientation and/or gender. To assist in this process, the SRHR Africa Trust (SAT) in collaboration with the Thomson Reuters Foundation, 20 global law firms, and UNICEF, has reviewed Age of Consent … Article 318 of the penal code punishes any indecent assault (or attempt) against the person of a child of either sex under age 15. 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