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Ages of consent in Africa

Main article: Age of consent 1 Consent by age


The age of consent in Africa for sexual activity varies by

2 Algeria
The age of consent in Algeria is 16 for vaginal inter-
course. Heterosexual Sodomy" (anal and/or oral sex
with an opposite-sex partner) is illegal, Article 388 of
the Penal Code. As well as all same-sex sexual conduct,
Article 338, and outrages to public decency, Article
333. The punishment for both the rst two activities with
those under 18 years of age is more severe for the older
participant.[1]

3 Angola
The age of consent in Angola is 12.[2] However, while
rarely prosecuted, sexual relations with a child between
the ages of 12 and 15 are considered sexual abuse which
is punishable with up to 8 years in prison.[3]

Age of consent for heterosexual sex by country


puberty 4 Benin
12
13
The age of consent in Benin is 18.[4]
14
15
16
17 5 Botswana
18
19
The age of consent is 16 for females and 14 for
20
must be married
males, but male homosexuality is punishable by 7 years
no data available imprisonment.[5]

jurisdiction across the continent. It ranges from age 12 in 6 Burkina Faso


Angola to age 18. The specic activity engaged in or the
gender of its participants can also be aected by the law. The age of consent is equally set at 13.[6]
Below is a discussion of the various laws dealing with this
subject. The highlighted age refers to an age at or above
which an individual can engage in unfettered sexual rela- 7 Burundi
tions with another person who is also at or above that age.
Other variables, for example homosexual and/or sodomy Under the new Penal Code of 2009 (in French), the
provision(s) that are illegal or close in age exceptions may age of consent in Burundi for heterosexuals (both men
exist and are stated when relevant. and women) is 18 years.[6] However, under Article 567,
The below is a list of all jurisdictions in Africa as listed homosexual acts (both men and women) carry a ne
in List of sovereign states and dependent territories in of up to 100,000 Burundian francs and up to 3 years
Africa. imprisonment.[7]

1
2 23 LES PARSES (FRANCE)

8 Cameroon 17 Djibouti
The age of consent in Cameroon is 16.[8] The age of consent is 18.[15] Although Djiboutian law
establishes that parties to a marriage should be 18 or
over, there is an exemption in cases where minors may
9 Cape Verde marry with the consent of their guardians. Eectively
this means the age of consent is lower than 18, especially
in rural areas; in 2007, 13.6% of married women under
The age of consent in Cape Verde is 14.[9] the age of 50 married before the age of 18.[16]

10 Central African Republic


18 Egypt
The minimum age of sexual consent is 18 years of age.[9]
The age of consent in Egypt is 18 years, for hetero-
sexual males and females. Sex work is illegal and the
sex work law has been used against male and female
11 Ceuta (Spain) homosexuals.[17]

The age of consent in Cueta is 16, as it is under Spanish


sovereignty, as of 1 July 2015.[10]
For this section, see Ages of consent in Europe Spain.
19 Equatorial Guinea

The age of consent is 18.[18]

12 Chad
20 Eritrea
The age of consent in Chad is 14 for girls, even if she
is married, but the ban is rarely enforced.[11] The age of The age of consent in Eritrea is 18, as stipulated by Article
consent for boys is not known. 595.[19]

13 Comoros
21 Ethiopia
The age of consent in the Comoros is 13.[12]
The minimum age for consensual sex is 18 years.[9] The
law, however, is not enforced; nearly 20% of girls are
married by the age of 15. Early childhood marriage is
14 Cte d'Ivoire especially common in rural areas, where some girls are
married as young as 7 years old.[20]
The age of consent in Cte d'Ivoire is 18.[13]

15 Canary Islands (Spain) 22 French Southern and Antarctic


Lands (France)
For this section, see Ages of consent in Europe Spain.
For this section, see Ages of consent in Europe France.

16 Democratic Republic of the


Congo 23 les parses (France)

The age of consent in the Democratic Republic of the For this section, see Ages of consent in Europe France.
Congo is 14 for females and 18 for males.[14]
3

24 Gabon After the 2011 revolution, the age of consent limit was
removed. Presently, there is no dened age of consent,
The age of consent in Gabon is 18.[21] although sex is not allowed outside of marriage.[33] How-
ever, the law is practically never enforced due to the
Libyan Civil War.
25 Gambia
The age of consent is 18.[22] 33 Madagascar
Age of consent is 14 years, according to article 331 in
26 Ghana the Criminal Law. In certain cases, including relatives
and homosexuals, it is 21 years.Droit francophone: Code
The age of consent is 16.[23] Pnal du 17 juin 1972 mis jour au 30 juin 1998

27 Guinea 34 Malawi
The age of consent is 15.[24] The age of consent is 16.[34]

28 Guinea-Bissau
35 Mali
[25]
The age of consent is 16.
The age of consent is 18.[35]

29 Kenya
36 Mauritania
The age of consent in Kenya is 18 years, as children are
dened under 18 and are not able to give consent.[26]
The age of consent is 16.[36] However, under section 306
Marriage is possible at ages of 18 or less; although the
of the Legal Code, any act that violates Islamic Moral-
law is unclear, this probably confers adult status to the
ity is illegal, but a clear denition of morality does not
participant.[27] Male homosexuality in Kenya is illegal;
exist in the countrys laws, so it is very open to interpre-
female homosexuality may be illegal.[28]
tation by local ocials as to what is moral and what is not.
Thus, many acts surrounding the age of consent could be
considered illegal.[37]
30 Lesotho
The age of consent is 16 for girls (sexual intercourse with
a girl under 16 is considered rape), and 14 for boys.[29] 37 Mauritius
The age of consent in Mauritius is 16.
31 Liberia Article 249 Rape, attempt upon chastity and illegal sexual
intercourse of the Penal Code:[38]
The age of consent in Liberia is 18.[30] Statutory rape is a (...) Any person who has sexual intercourse with a female
rst-degree rape oense which carries a maximum sen- 'under the age of sixteen (16), even with consent, shall be
tence of life imprisonment. The age of consent was raised liable to penal servitude not exceeding ten (10) years.
to 18, from 16, in 2009.[31][32]

32 Libya 38 Madeira (Portugal)


During the Gadda government, the regular age of con- For this section, see Ages of consent in Europe
sent was 18, but 16 years old women could be married as Portugal.
long the parents consented. Pre-marital sex was illegal.
4 51 SO TOM AND PRNCIPE

39 Mayotte (France) 44 Niger

For this section, see Ages of consent in Europe France. Article 284 of the Niger legal code sets the age of consent
at 13 years.[42]

40 Melilla (Spain) 45 Nigeria

For this section, see Ages of consent in Europe Spain. The age of consent is 18 years.[43] [Section 31 of the
Childs Rights Act 2003. Also Sections 21 and 22 of the
same Act prohibit Child marriage or betrothal.] How-
ever, homosexuality is illegal.

41 Morocco
46 Plazas de soberana (Spain)
The age of consent is 18, per Art. 484 of the Penal
Code.[39]
For this section, see Ages of consent in Europe Spain.

42 Mozambique
47 Republic of the Congo
The age of consent is 16.[40]
The age of consent in the Republic of the Congo is 18.
Sex with a minor is punishable by up to 5 years in prison
43 Namibia and a ne of 10,000,000 CFA.[44]

The age of consent is 16 for girls.


Sexual oences with girls under sixteen (16) years, Sec- 48 Runion (France)
tion 14 of the 'Combating of Immoral Practices Act 1980'
'(1) Any male who For this section, see Ages of consent in Europe France.

a) has or attempts to have unlawful carnal intercourse


with a girl under the age of sixteen (16) years; or
b) commits or attempts to commit with such a girl an im-
moral or indecent act; 49 Rwanda
c) solicits or entices such a girl to the commission of an
immoral or indecent act, -shall be guilty of an oence The age of consent in Rwanda is[17] 18 years, regardless of
and liable on conviction to imprisonment for a period not sexual orientation and/or gender.
exceeding six years with or without a ne not exceeding
three thousand rand in addition to such imprisonment.
(2) It shall be a sucient defence to any charge in terms 50 Sahrawi Arab Democratic Re-
of this section if it appears to the court -
public
a) that the girl at the time of the commission of the of-
fence was a prostitute, that the person so charged was at
the said time under the age of twenty-one (21) years and The age of consent is 13 years.
that it is the rst occasion on which he is so charged; or
b) that the person who charged was at the said time under
the age of sixteen (16) years ; and 51 So Tom and Prncipe
c) that the girl or person in whose charge she was, de-
ceived the person so charged into believing that she was The age of consent in So Tom and Prncipe is 14 for
over the age of sixteen (16) years at the said time.' [41] heterosexual and 16 years for homosexual.[45]
56.1 History 5

52 Senegal 56.1 History

The age of consent in Senegal is 21 (Article 320 deals with


Under the Roman-Dutch common law there was a
children under 16; Article 319 deals with children under
[46] conclusive presumption that girls under the age of 12 were
13). Homosexual sex is illegal.
unable to consent to sexual intercourse.[54] This presump-
tion can be traced back to the old authorities of the sev-
enteenth century.[55]
53 Seychelles The Girls and Mentally Defective Womens Protection
Act, 1916, which replaced the diering age of consent
laws of the four colonies that formed the Union of South
The age of consent is 18.[47]
Africa, criminalised sexual intercourse between a man
According to the U.S. State Department, the Seychelles and a girl under the age of sixteen unless they were mar-
age of consent is traditionally understood to be 15 but ried. This act was replaced by a similar prohibition in
that the countrys statutes fail to clearly dene the ages section 14 of the Immorality Act, 1957. Although sex be-
of consent and legal majority and causing confusion in tween men was already illegal, prohibited by the common
regards to the traditionally understood age of consent law as "sodomy" or "unnatural sexual acts", the Immoral-
and the age of majority of 18 and therefore complicating ity Act also criminalised sexual intercourse between a
enforcement of the law.[48] man and a boy under sixteen.
The Immorality Amendment Act, 1969, which was en-
acted in response to a national moral panic over homo-
sexuality, raised to 19 the age below which the Immoral-
54 Sierra Leone ity Act prohibited sex between males. The Immorality
Amendment Act, 1988 inserted mirror provisions apply-
The age of consent is 18 under the new Sexual Oenses ing to women, prohibiting intercourse between a woman
Act 2012.[49] and a boy under 16 or a girl under 19. It also renamed
the Immorality Act to the Sexual Oences Act, 1957.
The Interim Constitution, which came into force in 1994,
prohibited discrimination on the basis of sexual orien-
55 Somalia tation, as does the nal Constitution which replaced in
1997. As a result, the Constitutional Court struck down
Article 29 of the national constitution of Somalia denes the laws prohibiting homosexual sex in the 1998 case of
a child as any individual under the age of 18, and stipu- National Coalition for Gay and Lesbian Equality v Minis-
lates that every child has the right to be protected from ter of Justice. That case did not, however, address the dif-
mistreatment, neglect, abuse, or degradation.[50] Homo- ference between the heterosexual and homosexual ages of
sexual sex is illegal.[51] consent in section 14 of the Sexual Oences Act.
In the Criminal Law (Sexual Oences and Related Mat-
ters) Amendment Act, 2007, Parliament reformed and
codied the law on sexual oences and made it gender-
56 South Africa neutral. The common-law presumption relating to girls
under 12 was replaced by a general presumption that chil-
The age of consent in South Africa is 16, as specied by dren under 12 cannot consent. The act also xed the age
sections 15 and 16 of the Criminal Law (Sexual Oences of consent at 16 for all sexual acts. In the 2008 case
and Related Matters) Amendment Act, 2007. Section 15 of Geldenhuys v National Director of Public Prosecutions,
(statutory rape) prohibits the commission of "an act of the Constitutional Court held that the former dierence
sexual penetration with a child who is 12 years of age or in the ages of consent had been unconstitutional.[56]
older but under the age of 16 years", while section 16
(statutory sexual assault) prohibits the commission of
"an act of sexual violation with a child who is 12 years of
age or older but under the age of 16 years".[52] The law
includes a close-in-age exception, so that sexual acts be-
tween 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.[52] Children under the age of 12 57 South Sudan
are conclusively presumed by the law to be incapable of
consenting, so a sexual act with a child under that age
constitutes rape or sexual assault.[53] The age of consent in South Sudan is 18.[57][58][59][60]
6 68 REFERENCES

58 Saint Helena, Ascension and 65 Zambia


Tristan da Cunha (United
The age of consent is 16.[67]
Kingdom)

Age of sexual consent is 16, regardless of sexual orienta- 66 Zimbabwe


tion and/or gender
The age of consent in Zimbabwe is 16 years for hetero-
sexual males, females and lesbian females. Having sex
59 Sudan with a minor gives rise to charges of statutory rape. Case
law gives guidance to the years of imprisonment, with age
dierence between participants playing a role in sentenc-
Intercourse in Sudan is against the law if not married '.[61] ing (usually between 12 to 16). All male same-sex hand-
holding and/or male same-sex sexual conduct can lead to
one years imprisonment.

60 Swaziland
Same-sex hand-holding illegal

The age of consent is 16. LGBT rights in Zimbabwe.


A girl under the age of fourteen (14) cannot consent to
sexual intercourse under criminal law. However, under
Statutory Law, according to the Girls and Women Pro- 67 See also
tection Act, a girl under the age of sixteen (16) can not
in any way consent to sexual intercourse.[62] Age of consent

Age of consent reform

61 Tanzania Ages of consent in Asia

Ages of consent in Oceania


The age of consent is 18 in Tanzania, but as of 2010/2011
the law is not enforced.[63] Ages of consent in Europe

Ages of consent in North America

Ages of consent in South America


62 Togo
Sex education
The age of consent in Togo is 16.[64] Comprehensive sex education

63 Tunisia 68 References
[1] Routledge International Encyclopedia of Queer Culture
The age of consent in Tunisia is 18 (since 2010). How-
edited by David A. Gerstner page 648
ever, there appears to be a marital exception in the law
that allows a minor over 15 to consent to sex with an adult [2] Comparative Criminology | Africa - Angola. Ro-
if the minor is married to the adult.[65][66] han.sdsu.edu. 2001-09-11. Retrieved 2014-02-19.

[3] Country Reports on Human Rights Practices. State.gov.


2012-05-24. Retrieved 2014-02-19.
64 Uganda [4] Country Reports on Human Rights Practices. State.gov.
2012-05-24. Retrieved 2014-02-19.
The age of consent in Uganda is 18 years, for vaginal
[5] Botswana - age of sexual consent. Ageofconsent.com.
intercourse. Heterosexual sodomy" (anal and/or oral
Retrieved 2014-02-19.
sex with an opposite-sex partner) and all same-sex sex-
ual conduct was illegal until January 2014 when President [6] Age of Sexual Consent. AVERT. Retrieved 2014-02-
Museveni blocked the anti-gay law. 19.
7

[7] Burundi homosexuality. News.google.com.au. Re- [30] 2011


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[31] https://web.archive.org/20100730092246/http:
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19. article.cfm?id=3463&cat=special-report. Archived
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[9] Country Reports on Human Rights Practices for 2012. 11, 2010. Missing or empty |title= (help)
State.gov. Retrieved 2014-02-19.
[32] Women War Survivors of Sexual Violence in Liberia
[10] https://www.boe.es/buscar/act.php?id= (PDF). Sosyalarastirmalar.com. Retrieved 2014-02-19.
BOE-A-1995-25444&p=20121228&tn=1#a183
[33] Submission in the UPR review of Libya (PDF). Oce of
[11] Country Reports on Human Rights Practices. State.gov. the United Nations High Commissioner for Human Rights.
2012-05-24. Retrieved 2014-02-19.
[34] Parents before they are grown-up: child marriage in
[12] Republique Federale Islanique Des Comores : Assem- Malawi. Retrieved 20 December 2015.
blee Federale. Comores-droit.com. Retrieved 2014-02-
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11. Retrieved 2014-02-19.
[13] Country Reports on Human Rights Practices. State.gov.
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[37] Women on the Frontline: Mauritania Part 1 of 3.


[14] Country Reports on Human Rights Practices. State.gov.
YouTube. 2009-04-01. Retrieved 2014-02-19.
Retrieved 2014-02-19.
[38]
[15] Childhood Sexual Abuse: A Reference Handbook - Karen
L. Kinnear - Google Boeken. Books.google.com. Re- [39] Code Penal du Maroc (PDF).
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[40] Comparative Criminology | Africa - Mozambique. Ro-
[16] Djibouti: Forced marriage. Canada: Immigration and han.sdsu.edu. 1975-06-25. Retrieved 2014-02-19.
Refugee Board of Canada. 4 March 2013.
[41]
[17] Legislation of INTERPOL member states on sexual of-
fences against children. INTERPOL. [42] http://juriniger.lexum.umontreal.ca/juriniger/
publication.do?publicationId=814. Retrieved July
[18] 2009 Human Rights Report. State.gov. 2010-03-11. 6, 2009. Missing or empty |title= (help)
Retrieved 2014-02-19.
[43] Ezeamalu, Ben (30 June 2015). FACT CHECK: Nige-
[19] Convention on the Rights of the Child (PDF). rias Sexual Oences Bill stipulates 18 years, not 11 years,
Ohchr.org. Retrieved 2014-02-19. as age of consent. Premium Times. Retrieved 12 Novem-
ber 2015.
[20] FACTSHEET: Child Marriage (PDF). Girl Up.
[44] Country Reports on Human Rights Practices. State.gov.
[21] Retrieved 2014-02-19.
[22] Knowing our rights By Women Living Under Muslim [45] http://www.telanon.info/suplemento/opiniao/2013/05/
Laws (Organization), International Solidarity Network. 16/13197/as-novidades-do-novo-codigo-penal/
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[46] Sommaire (PDF). Retrieved 2014-02-19.
[23] Archived October 20, 2007, at the Wayback Machine.
[47]
[24]
[48] "2013 Tracking in Persons Report Tier 2 Watch List >
[25] 2009 Human Rights Report: Guinea-Bissau. State.gov. Seychelles" (Archive). U.S. State Department. Retrieved
2010-03-11. Retrieved 2014-02-19. on April 25, 2015. Enforcement of laws relating to the
prostitution of children continued to be hampered by un-
[26] LEGAL TREATMENT OF CONSENT IN SEXUAL clear and conicting statutes that fail to clearly dene the
OFFENCES IN KENYA (PDF). University of Nairobi. ages of consent and legal majority, creating confusion be-
February 2013. p. 18. tween the traditionally understood age of consent of age
15 and the legal age of majority of age 18.
[27] LEGAL TREATMENT OF CONSENT IN SEXUAL
OFFENCES IN KENYA (PDF). University of Nairobi. [49] Country Reports on Human Rights Practices for 2012.
February 2013. p. 21. State.gov. Retrieved 2014-02-19.

[28] Laws of Kenya: The Penal Code, Chapter 63 (PDF). [50] The Federal Republic of Somalia - Provisional Constitu-
Republic of Kenya. 2009. p. 67. Arguable that gender tion (PDF). Retrieved 13 March 2013.
neutral person in s.162 may include women
[51] Age of Consent (PDF). IACAC. Retrieved 23 June
[29] 2013.
8 68 REFERENCES

[52] Criminal Law (Sexual Oences and Related Matters)


Amendment Act Amendment Act, No. 5 of 2015

[53] Mahery, Prinslean; Proudlock, Paula (April 2011).


Legal guide to age thresholds for children and young peo-
ple (PDF) (5 ed.). Childrens Institute, University of
Cape Town. pp. 2022. Retrieved 8 October 2011.

[54] Milton, John (1996). South African Criminal Law and


Procedure: Common-law crimes (3rd ed.). Cape Town:
Juta & Co. p. 454. ISBN 978-0-7021-3773-0.

[55] See Socout Ally v R 1907 TS 336; R v Z 1960 (1) SA 739


(A).

[56] Consent judgment welcomed. News24. Sapa. 26


November 2008. Retrieved 27 November 2011.

[57] (PDF) https://web.archive.org/20130913012254/http:


//www.goss-online.org/magnoliaPublic/en/
Laws--Legislation--Policies/mainColumnParagraphs/0/
content_files/file12/15.pdf. Archived from the original
(PDF) on September 13, 2013. Retrieved August 22,
2015. Missing or empty |title= (help)

[58] Prison is Not For Me": Arbitrary Detention in South Su-


dan (PDF). Human Rights Watch. 2012. p. 54. ISBN
1564328996. Retrieved 21 September 2012. Under the
Penal Code provision on rape, as 18 is the minimum age
of consent to sexual activity, any sexual relations with a
minor are considered statutory rape.

[59] Teachers dismissed over schoolgirl pregnancies in Rum-


bek. Sudan Tribune. 4 December 2011. Retrieved 21
September 2012. The legal age of consent in South Su-
dan in [sic] 18...

[60] Machrine, Birungi (22 November 2011). MP calls for le-


gal minimum age of marriage. Radio Miraya. Retrieved
21 September 2012. While the age of consent in South
Sudan is 18,...

[61] f

[62]

[63] 2010 Human Rights Report: Tanzania. State.gov.


2011-04-08. Retrieved 2014-02-19. The law provides
that sexual intercourse with a child under 18 years is rape,
regardless of consent; however, the law was not enforced.

[64] Country Reports on Human Rights Practices. State.gov.


2012-05-24. Retrieved 2014-02-19.

[65] Tunisia. Age of Consent. Retrieved 2014-02-19.

[66] Loi n 2010-39 du 26 Juillet 2010, portant unication de


lge de la majorit civile. Age of Consent. Retrieved
2015-03-21.

[67] Archived March 8, 2012, at the Wayback Machine.


9

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