Ages of consent in Africa
Encyclopedia
The ages of consent for sexual activity vary by jurisdiction across Africa
. The specific activity engaged in or the gender of its participants can also be affected by the law. 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 relations with another who is also at or above that age. Other variables, for example homosexual and/or sodomy provision(s) that are illegal or close in age exceptions may exist and are noted when relevant.
The below is a list of all jurisdictions in Africa as listed in List of sovereign states and dependent territories in Africa.
is 16 for vaginal intercourse. "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 first two activities with those under 18 years of age is more severe for the older participant.
for heterosexuals (both men and women) is 18 years http://www.avert.org/age-of-consent.htm. 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 http://news.google.com.au/news?hl=en&q=Burundi%20homosexuality&um=1&ie=UTF-8&sa=N&tab=wn.
is 18 years, for heterosexual males and females, sex work is illegal and the sex work law has been used against male and female homosexuals.
is 16 years, for heterosexual males, females and female homosexuals. Male homosexuals get 25 years in prison.
is 16.
Article 249 ‘Rape, attempt upon chastity and illegal sexual intercourse’ of the Penal Code:
(...) 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.
‘Sexual offences with girls under sixteen (16) years’, Section 14 of the
'Combating of Immoral Practices Act 1980'
'(1) Any male who
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 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.
(2) It shall be a sufficient defence to any charge in terms of this section if it appears
to the court -
a) that the girl at the time of the commission of the offence was a prostitute, that
the person so charged was at the said time under the age of twenty-one (21) years
and that it is the first 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
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.'
is 18 years, regardless of sexual orientation
and/or gender
.
is 16 (Article 320 deals with children under 16; Article 319 deals with children under 13). Homosexual sex is illegal .
is 16. Children under the age of 12 are considered by the law to be incapable of consenting, so a sexual act with a child under that age constitutes rape
or sexual assault
. Children between 12 and 16 are considered capable of consenting but not mature enough to consent, so a sexual act with such a child constitutes statutory rape
or statutory sexual assault.
Section 14 of the Sexual Offences Act, 1957
, which was repealed in 2007, set a higher age of consent of 19 for same-sex sexual acts. This erstwhile discrepancy was declared to be unconstitutional and therefore invalid in the 2008 case of Geldenhuys v National Director of Public Prosecutions
.
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
Protection Act, a girl under the age of sixteen (16) can not in any way consent to sexual intercourse.
is 18 years, for vaginal intercourse. "Heterosexual sodomy
" (anal and/or oral sex with an opposite-sex partner) is illegal and can lead to prison as for all same-sex sexual conduct (males and female), face life imprisonment . There is a bill currently going through hearings in the parliament which would make "repeat homosexual offenders" subject to the death penalty by hanging. This is bill has been the subject of much international scrutiny and its writer may be tried for human rights violations.
is 16 years for heterosexual males, females and lesbian females. Having sex with a minor gives rise to charges of statutory rape. Case law gives guidance to the years of imprisonment, with age difference between participants playing a role in sentencing (usually between 12 to 16). . All male same-sex hand-holding and/or male same-sex sexual conduct can lead to one year's imprisonment
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
. The specific activity engaged in or the gender of its participants can also be affected by the law. 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 relations with another who is also at or above that age. Other variables, for example homosexual and/or sodomy provision(s) that are illegal or close in age exceptions may exist and are noted when relevant.
The below is a list of all jurisdictions in Africa as listed in List of sovereign states and dependent territories in Africa.
Algeria
The age of consent in AlgeriaAlgeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
is 16 for vaginal intercourse. "Heterosexual Sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
" (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 first two activities with those under 18 years of age is more severe for the older participant.
Angola
The age of consent in Angola is 12. However, "sexual relations with a child between the ages of 12 and 17 can be considered sexual abuse".Botswana
The age of consent is 16 for females and 14 for males, but male homosexuality is punishable by 7 years imprisonment.Burundi
Under the new Penal Code of 2009 (in French), the age of consent in BurundiBurundi
Burundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
for heterosexuals (both men and women) is 18 years http://www.avert.org/age-of-consent.htm. 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 http://news.google.com.au/news?hl=en&q=Burundi%20homosexuality&um=1&ie=UTF-8&sa=N&tab=wn.
Chad
The law prohibits sexual relations with a girl younger than 14 (even if she is married).Democratic Republic of the Congo
Law 09/001 of 10 January 2009 set the age of consent at 18.Egypt
The age of consent in EgyptEgypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
is 18 years, for heterosexual males and females, sex work is illegal and the sex work law has been used against male and female homosexuals.
Ethiopia
The Constitution defines the age of consent as 15 for females and 18 for males. Nevertheless, early childhood marriage is common in rural areas, with girls as young as age 9 subjected to arranged marriages.Kenya
The age of consent in KenyaKenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
is 16 years, for heterosexual males, females and female homosexuals. Male homosexuals get 25 years in prison.
Lesotho
The age of consent is 16 for girls (sexual intercourse with a girl under 16 is considered rape), and 14 for boys.Madagascar
Age of consent is 14 years, according to article 331 in the Criminal Law. In certain cases, including relatives and homosexuals, it is 21 years.Droit francophone: Code Pénal du 17 juin 1972 mis à jour au 30 juin 1998Mauritius
The age of consent in MauritiusMauritius
Mauritius , officially the Republic of Mauritius is an island nation off the southeast coast of the African continent in the southwest Indian Ocean, about east of Madagascar...
is 16.
Article 249 ‘Rape, attempt upon chastity and illegal sexual intercourse’ of the Penal Code:
(...) 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.
Namibia
The age of consent is 16 for girls.‘Sexual offences with girls under sixteen (16) years’, Section 14 of the
'Combating of Immoral Practices Act 1980'
'(1) Any male who
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 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.
(2) It shall be a sufficient defence to any charge in terms of this section if it appears
to the court -
a) that the girl at the time of the commission of the offence was a prostitute, that
the person so charged was at the said time under the age of twenty-one (21) years
and that it is the first 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
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.'
Rwanda
The age of consent in RwandaRwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
is 18 years, regardless of sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and/or gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
.
Senegal
The age of consent in SenegalSenegal
Senegal , officially the Republic of Senegal , is a country in western Africa. It owes its name to the Sénégal River that borders it to the east and north...
is 16 (Article 320 deals with children under 16; Article 319 deals with children under 13). Homosexual sex is illegal .
South Africa
The age of consent in South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
is 16. Children under the age of 12 are considered by the law to be incapable of consenting, so a sexual act with a child under that age constitutes rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
or sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
. Children between 12 and 16 are considered capable of consenting but not mature enough to consent, so a sexual act with such a child constitutes statutory rape
Statutory rape
The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior...
or statutory sexual assault.
Section 14 of the Sexual Offences Act, 1957
Sexual Offences Act, 1957
The Sexual Offences Act, 1957 is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution...
, which was repealed in 2007, set a higher age of consent of 19 for same-sex sexual acts. This erstwhile discrepancy was declared to be unconstitutional and therefore invalid in the 2008 case of Geldenhuys v National Director of Public Prosecutions
Geldenhuys v National Director of Public Prosecutions
Geldenhuys v National Director of Public Prosecutions and Others is a decision of the Constitutional Court of South Africa which struck down as unconstitutional provisions in the Sexual Offences Act, 1957 which set an age of consent of 19 for homosexual sex but only 16 for heterosexual sex...
.
Saint Helena, Ascension and Tristan da Cunha (United Kingdom)
Swaziland
The age of consent is 16.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
Protection Act, a girl under the age of sixteen (16) can not in any way consent to sexual intercourse.
Uganda
The age of consent in UgandaUganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
is 18 years, for vaginal intercourse. "Heterosexual sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
" (anal and/or oral sex with an opposite-sex partner) is illegal and can lead to prison as for all same-sex sexual conduct (males and female), face life imprisonment . There is a bill currently going through hearings in the parliament which would make "repeat homosexual offenders" subject to the death penalty by hanging. This is bill has been the subject of much international scrutiny and its writer may be tried for human rights violations.
Zimbabwe
The age of consent in ZimbabweZimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
is 16 years for heterosexual males, females and lesbian females. Having sex with a minor gives rise to charges of statutory rape. Case law gives guidance to the years of imprisonment, with age difference between participants playing a role in sentencing (usually between 12 to 16). . All male same-sex hand-holding and/or male same-sex sexual conduct can lead to one year's imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
- Same-sex hand-holding illegal
- LGBT rights in Zimbabwe.
See also
- Age of consentAge of consentWhile the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
- Age of consent reformAge of consent reformAge of consent reform refers to efforts to change age of consent laws, whether to raise or lower or abolish the age of consent, or to change the ways in which the laws are applied. Another issue has been homosexual vs...
- Ages of consent in AsiaAges of consent in AsiaThe ages of consent for sexual activity vary by jurisdiction across Asia. The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject...
- Ages of consent in Oceania
- Ages of consent in EuropeAges of consent in EuropeThe ages of consent for sexual activity vary by jurisdiction across Europe. Spain has the lowest age of consent, while Malta and Turkey are at the highest end . The laws can also stipulate the specific activities that are permitted and/or differentially specify the age at which a given sex can...
- Ages of consent in North AmericaAges of consent in North AmericaThe ages of consent in North America for sexual activity vary by jurisdiction.The age of consent in Canada is 16 and all US states set their limits between 16 and 18.The ages of consent in the countries of Central America range from 15 to 18....
- Ages of consent in South AmericaAges of consent in South AmericaAges of consent in Latin America may refer to:*Ages of consent in Mexico *Ages of consent in North America*Ages of consent in South America...